Administrative Rule no. 1473-B/2008, of 17 December

Ministério das Obras Públicas, Transportes e Comunicações (Ministry for Public Works, Transport and Communications)

Administrative Rule

(This is not an official translation of the law)

Law no. 5/2004 of 10 February, which lays down the legal regime that applies to electronic communications networks and services and to associated services (LCE) provides in its article 105 that fees are due for the issue by ICP - Autoridade Nacional de Comunicações (ICP-ANACOM) of statements supporting rights, for the pursue of electronic communications networks and services, for the assignment of rights of use for frequencies and numbers, as well as for the use of frequencies and numbers.

The amounts of some of these fees are determined according to the administrative costs incurred by ICP-ANACOM in the management, control and enforcement of the general authorisation scheme, as well as with the assignment of rights of use for frequencies and numbers – and their reservation -, which may include costs for international cooperation, harmonisation and standardisation, market analysis, monitoring compliance and other market control, as well as regulatory work involving preparation and enforcement of secondary legislation and administrative decisions, and must imposed upon companies in an objective, transparent and proportionate manner which minimises additional administrative costs and attendant charges.

The amount of fees due for the use both of numbers and frequencies, regardless of whether they entail a right of use, must be objectively justified, transparent, non-discriminatory and proportionate in relation to  regulation objectives pursued by ICP-ANACOM. Moreover, this amount must reflect the need to ensure optimal use of frequencies and the effective and efficient use of numbers.

Taking into account that rights of use for numbers are subject to this effective and efficient use, it is desirable that fees contribute towards a sound management of resources, reflecting the intrinsic value of numbers, varying according to the scarcity of these numbers or to the inherent difficulty to replace them.

Alongside with its management functions in the scope of the National Numbering Plan, ICP-ANACOM also has the responsibility towards international bodies of which it is a member to manage appropriately the resources they allocate to Portugal.

Consequently, fees related to numbers apply to NNP resources including numbering resources managed by those bodies, without prejudice to fees they may require.

The proportionality condition of fees applied for the use of numbers requires the principle of ''occupier-payer'' to be taken into account, reflecting both the volume of resources whose rights of use are granted or reserved in the minimal fraction table defined by type of resource, and the period of time to which this use corresponds. The fee amount is thus proportional to the volume of resources whose rights of use are granted or reserved, and does not depend on the volume of resources that are effectively used or activated. The value of the fee for use, being annual, is proportional to the period of use on a monthly basis.

Aiming to  have a number of fees which is appropriate to the type of resources so as to ensure its proportionality and simplicity, four different fees are established, without prejudice to resources which do not involve the payment of fees for use. The minimum reference level of the referred fees corresponds to a nine-digit number of NNP range 2.

The use of radio spectrum within the Portuguese area is described in the National Frequency Allocation Plan (NFAP), which is made available by ICP-ANACOM pursuant to article 16 of the ECL. The most recent version of the NFAP maintains a radio spectrum approach by type of radiocommunication services that is compatible with steady technological neutrality, an approach which is aimed to be met in the definition of fees that apply to the use of radio spectrum.

This statutory instrument intends also to make fees that apply to the different types of use of radio spectrum homogeneous, in the perspective of services based thereon.

The approach for the calculation of fees concerning the use of radio spectrum is generally supported on the taxation of allocated spectrum. This aims to discourage the retention of quantities of spectrum which are surplus to requirements, as costs borne are independent from the level of use, thus behaviours which go against a smooth market operation are penalized.

In parallel with spectrum allocation, a different frequency use plan coexists, attached to radio licensing, which must ensure an effective and efficient use of frequencies.

This approach is completed so as to meet two areas of concern.

The first is the competition area. Although the chosen approach shows advantages in a competition perspective, it must be taken into account that models based on the use of spectrum have pro-competitive benefits during the first years of activity of market operators, as a model based on the use of spectrum enables costs with this resource to accompany the evolution of operators’ customer database, which is not the case with an allocation-based model. To achieve this benefit while maintaining the model now adopted, a reduction by 50% during the three first years of allocation of radio spectrum has been provided for, where relevant.
The second concern has a social nature. As broadcasting services - radio or television - are fundamental as far as social cohesion is concerned, the spectrum allocated thereto must take this dimension into consideration. Thus, to the provision of television broadcasting services now applies a fee that corresponds to 37.5% of the value of spectrum allocated thereto and to the provision of radio broadcasting services applies now a fee of 15% of the value of spectrum allocated thereto.

The different rates established between these two types of services are justified by the fact that the radio broadcasting service aims to meet communication needs of an acknowledged social nature.

For a full understanding of the approach adopted, it must be also stated that, in addition to the social dimension attached to the radio broadcasting service, fees due for the use of radio spectrum associated to these service are extremely low, which makes it even more difficult to define the amount of fees taking economic criteria exclusively into consideration.

The pricing model defined herein for electronic communications involves significant alterations that recommend a transition period, so that bodies that must pay more have the opportunity to prepare for it; this implies also that reductions have also to be phased, so that ICP-ANACOM’s global revenues are not subject to a sharp drop.

As a result, it is deemed reasonable to provide for a transition period, previously to the full implementation of the new pricing regime, from two to five years, this latter situation concerning the radio broadcasting service, given its social nature, positive and negative variations of amounts received by the national regulatory authority relatively to 2008 being limited.

In addition, to fully prepare this transition period, the Government decided, by means of Administrative Rule no. 1473-A/2008, of 17 December, to decrease the amount of the fee that applies to the public land mobile service – spectrum use fee that applies to mobile stations, which in the second half of 2008 is reduced from 2.38€ to 1.65€.

Last, it is found appropriate to provide for the institution and substantive regulation of all fees due to ICP-ANACOM, the amounts of which are approved by the member of the Government responsible for the communications area in a single administrative rule, thereby avoiding the current scattering among administrative rules and orders developing statutory instruments that implement different fees.

This administrative rule thus provides for fees that apply to the use of amateur radio services and personal radio services - Citizens’ Band, to the installation of telecommunications infrastructures on buildings, to the provision of audio-text services and to the pursue of postal services.

Therefore,

In the light of the above, and taking also into account the results of the study submitted by ICP-ANACOM;

Taking also into consideration the opinion provided by the advisory council of the national regulatory authority on this subject-matter:

The Government, through its Minister for Public Works, Transport and Communications, pursuant to paragraphs 2 and 3 of article 105 of Law no. 5/2004 of 10 February, paragraph 7 of article 19 of Decree-Law no. 151-A/2000, of 20 July, as amended by Decree-Law no. 167/2006 of 16 August, paragraphs 1 and 4 of article 22 of Decree-Law no. 5/95 of 17 January, paragraph 3 of article 11 of Decree-Law no. 47/2000, of 24 March, paragraph 2 of article 45 of Decree-Law no. 59/2000, of 19 April, paragraph 3 of article 11 of Decree-Law no. 177/99 of 21 May, as amended by Law no. 95/2001, of 20 August, and paragraph 3 of article 19 of Decree-Law no. 150/2001, of 7 May, as amended by Decree-Law no. 116/2003, of 12 June, hereby orders as follows:

1º

Approval is granted to the amount of fees that are due for:

a) The issue of statements supporting rights granted by ICP-ANACOM, for the granting of rights of use for frequencies and rights of use for numbers, and their reservation, provided for respectively, in paragraphs 1 a), c) and d) of article 105 of Law no. 5/2004 of 10 February, included in annex I hereto, which is an integral part hereof;

b) The provision of publicly available electronic communications networks and services,  provided for in paragraph 1 b) of article 105 of Law no. 5/2004 of 10 February, included in annex II hereto, which is an integral part hereof;

c) The use of numbers, provided for in paragraph 1 e) of article 105 of Law no. 5/2004 of 10 February, included in annex III hereto, which is an integral part hereof;

d) The use of frequencies, provided for in paragraph 1 f) of article 105 of Law no. 5/2004 of 10 February, and in paragraphs 1 and 7 of article 19 of Decree-Law no. 151-A/2000, of 20 July, as amended by Decree-Law no. 167/2006 of 16 August, included in annex IV hereto, which is an integral part hereof;

e) Administrative charges and fees for the use of the Amateur Radio Service, as well as the corresponding reduction rate, provided for in paragraphs 1 and 4 of article 22 of Decree-Law no. 5/95 of 17 January, included in annex V hereto, which is an integral part hereof;

f) The registration of users of the Personal Radio Service – Citizens’ Band (CB), provided for in paragraph 1 of article 11 of Decree-Law no. 47/2000, of 24 March, included in annex VI hereto, which is an integral part hereof;

g) The registration of designers and installers, both natural or legal persons, the registration of certifying bodies or installer-certifiers, including the respective renewal, provided for in paragraph 1 of article 45 of Decree-Law no. 59/2000, of 19 April, which lays down rules governing the installation of telecommunication infrastructures in buildings and the respective connections to public telecommunications networks, as well as rules governing the certification of installations and evaluation of conformity of equipment, material and infrastructure, included in annex VII hereto, which is an integral part hereof;

h) The access to and provision of audio-text services, provided for in paragraphs 1 and 2 of article 11 of Decree-Law no. 177/99 of 21 May, as amended by Law no. 95/2001, of 20 August, included in annex VIII hereto, which is an integral part hereof;

i) The access to and provision of postal services in a competitive market, provided for in paragraph 1 of article 19 of Decree-Law no. 150/2001, of 7 May, as amended by Decree-Law no. 116/2003, of 12 June, included in annex IX hereto, which is an integral part hereof.

2.º

The annual fee due for the provision of publicly available electronic communications networks and services, for the use of numbers and for the use of frequencies, provided for respectively in paragraphs 1 b), e) and f) of article 105 of Law no. 5/2004 of 10 February, shall be paid in September every year.

3.º

In order to pay the fee referred in the preceding paragraph, the respective providers shall submit to ICP-ANACOM, by 30 June every year, a statement signed by the body empowered to bind the legal person, acknowledged as such, indicating the amount of relevant revenues achieved in the preceding calendar year directly connected to the pursue of the activity.

4.º

1 - Where the provider of electronic communications networks and services ceases its activity before 30 June of each calendar year, a statement must be sent to ICP-ANACOM within 15 days from the date of termination of activity, indicating relevant revenues achieved in the preceding calendar year directly connected to the pursue of the activity, for the purpose of immediate payment of fee.

2 - In the situation mentioned in the preceding paragraph, the annual fee is due up to the date on which the registration with ICP-ANACOM as provider of electronic communications networks and services is cancelled.

5.º

The transition regime algorithms provided for in paragraphs 6 to 9 assume that both positive and negative variations resulting from the difference between amounts paid in 2008 and those paid as from 2009 shall not exceed 33% each year.

6.º

1 - The amount of the annual fee due for the provision of publicly available electronic communications networks and services shall be calculated, for a transitional two-year period, according to the formula in the following table:

	Transition period (two years) for activity fees - EC
	Year 1 (2009)	Year 2 (2010)
Factors applied during the transition period	0,333	0,667
Ti (Year n) = fee due by bodies of step i (i = 0, 1, 2) for year n	Ti (Year 1)	Ti (Year 2)
Fee amount due (€)	[Ti (Year 1)×0,333] - 2491	[Ti (Year 2) × 0,667] - 4990

2 - The transition period referred to in the preceding paragraph applies only to companies in step 2 according to paragraph 1 of annex ii.

3 - In case from the transition period formula results an amount due by companies of step 2 lower than the amount due by companies of step 1, the amount due shall correspond to that of step 1.

7.º

The amount due for the use of numbers shall be calculated, for a transitional two-year period, according to the formula in the following table:

	Transition period (two years) for fees for use of numbers
	Year 1 (2009)	Year 2 (2010)
Factors applied during the transition period	0,333	0,667
TN(Year n) = fee due by bodies of step i (i = 0, 1, 2) for year n	TN (Year 1)	TN (Year 2)
Fee amount due (€)	[TN (Year 1)×0,333	[Ti (Year 2) x 0,667

 

8.º

The provision in the preceding paragraph shall not apply to the granting of new rights of use for numbers during the referred period of transition.

9. º

The amount due for the use of frequencies, except for those allocated to radio and television broadcasting, shall be paid in a phased manner, in the course of a transitional two-year period, according to the formula in the following table:

	Factors applied during the transition period (two years) for radiocommunication services (except broadcasting services)
	Year 1 (2009)	Year 2 (2010)
Amount that results from pricing applied in 2008 (A)	0,667	0,333
Amount that results from new pricing - adm.rule (N)	0,333	0,667
Fee amount due (€)	(A × 0,667) + (N × 0,333)	(A×0,333)+(N × 0,667)

 

10.º

The amount due for the use of frequencies allocated to radio and television broadcasting shall be paid in a phased manner, in the course of a five-year period, according to the formula in the following table:

	Factors applied during the transition period (five years) for fees for use of frequencies - Broadcasting services
	Year 1 (2009)	Year 2 (2010)	Year 3 (2011)	Year 4 (2012)	Year 5 (2013)
Amount that results from new pricing - adm.rule (N)	0,834	0,668	0,5	0,332	0,166
Amount that results from new pricing - adm. rule (N)	0,834	0,332	0,5	0,668	0,834
Fee amount due (€)	(A × 0,834) + (N × 0,166)	(A × 0,668) + (N × 0,332)	(A × 0,5) + (N × 0,5)	(A × 0,332) + (N × 0,668)	(A × 0,166) + (N × 0,834)

 

11.º 

The provisions in paragraphs 9 and 10 above shall not apply to the use of spectrum resulting from the granting of new rights of use for frequencies, as well as to the award of new radio licenses.

12. º

The amount of the annual fee due for the use of frequencies shall correspond to the number of days of use on each calendar year.

13.º

Where radio licenses are altered during a calendar year, annual fees shall be adjusted proportionally on the next payment, according to the date on which the application for alteration was granted.

14. º

In case of termination of activity, annual fees for the use of frequencies and numbers are due up to the date on which the application for termination was granted.

15.º

New radiocommunication networks that, under the NFAP, are subject to the granting of rights of use for frequencies, as well as other networks specifically provided for in annex iv hereto, are applied a reduction by 50% relatively to the amount of fees applicable, during the first three years of the radio license.

16. º

Bodies referred to paragraph 5 of article 19 of Decree-Law no. 151-A/2000 of 20 July, as amended by Decree-Law no. 167/2006, of 16 August, shall be applied a reduction by 70% on the amount of fees that apply for the use of frequencies.

17. º

As regards temporary licenses provided for in article 13 of Decree-Law no. 151-A/2000 of 20 July, as amended by Decree-Law no. 167/2006, of 16 August, the following rules apply:

a) The  amount due shall be calculated according to the following formula: «Annual fee applicable x (number of days of validity of the license/360 days)»;

b) In case the license application for a temporary use of frequencies is not submitted to ICP-ANACOM at least 10 days ahead of the date on which the license is supposed to start operating, the fee that results from the formula provided for in the preceding paragraph shall be increased by 50% of the value, a minimum amount of 75€ being due;

c) The minimum amount of the fee for use of frequencies that applies to stations or networks, in the scope of each radiocommunication service/application to be used in temporary events, shall be 50€.

18. º

Fees due for the granting of rights of use for numbers and their reservation, and for the use of numbers, apply to NNP resources, including numbering resources managed by international bodies within which ICP-ANACOM has notification obligations.

19.º

The fee due for the granting of rights of use for numbers or for their reservation shall comply with the following rules:

a) It shall be a single fee, following the granting of an application for allocation or reservation of resources, and shall not depend on the number or type of numbers included on such application;

b) In case of transfer of rights of use for numbers, it shall be due by the body undertaking the transfer.

20.º

The fee provided for in the preceding paragraph shall not be paid where:

a) The extension of the period of reservation of rights of use for numbers is applied for;

b) The alteration of the resource status from reserved to allocated is applied for.

21.º

The fee due for the use for numbers shall comply with the following rules:

a) To the allocation or reservation of rights of use for numbers shall apply the same amount;

b) It shall be proportional to the amount of resources the rights of use of which are allocated or reserved, and shall not depend on the amount of those being effectively used or activated;

c) It shall be proportional to the period of use on a monthly basis, in case of reservation and/or allocation of rights of use with a duration shorter than one year,  for this purpose all fractions of one month being deemed as a full month;

d) It shall be paid in the calendar year concerned in case rights of use for numbers are granted before the month of September;

e) In case of transfer of rights of use for numbers, it shall be due by the body to which rights are transferred, as from the month following that on which the transfer is authorized by ICP-ANACOM.

22.º

Fees due for ported numbers shall be presented to the donor provider, defined in Regulation no. 58/2005 of 18 August, of ICP-ANACOM, being the company responsible for the numbering resources initially allocated by the regulator and from which the subscriber switches over in the first portability order, the donor provider being entitled to recover the same value from the company to which the customer has switched.

23.º

The following statutory instruments are hereby repealed:

a) Administrative Rule no. 394/98, of 11 July;

b) Administrative Rule no. 462/98, of 30 July;

c) Administrative Rule no. 329/2000, of 9 June;

d) Administrative Rule no. 1062/2004, of 25 August;

e) Administrative Rule no. 126-A/2005, of 31 January;

f) Administrative Rule no. 386/2006, of 19 April;

g) Administrative Rule no. 207-B/2008, of 26 February;

h) Order no. 12 748/99, of 5 July;

i) Order no 13 877/2000, of 7 July;

j) Order no 21 080/2001, of 21 September.

24.º

This Administrative Rule shall come into force on 1 January 2009.

The Minister for Public Works, Transport and Communications, Mário Lino Soares Correia, 12 December 2008.

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 ANNEX I

Fees due for the issue of statements and for the granting of rights of use for frequencies and numbers
[paragraphs 1 a), c) and d) of article 105 of the ECL]

1 – Fees due for statements supporting rights granted, issued pursuant to paragraph 5 of article 21 of Law no. 5/2004 of 10 February to providers of electronic communications networks and services, whether publicly available or not, as well as for the respective endorsements, amount to:

Fee code	Act	Fee (Euro)
111101	Issue of statements	700
111102	Endorsement to statements	70

2 –  The amount of fees due for the granting of rights of use for frequencies, mentioned in paragraph 1c) of article 105 of Law no. 5/2004 of 10 February shall be defined according to the respective procedure for allocation, which may consist of competitive or comparative selection, including an auction or tender, of a full access regime or following selection procedures launched by a third party, according to the following table:

Fee code	Act	Fee (Euro)
112101	Allocation by auction or competition	To be determined previously to the tender or auction
112102	Allocation in full access regime	1000
112103	Allocation following selection procedures launched by a third party	500

3 –  Fees due for the granting of rights of use for numbers or their reservation, mentioned in paragraph 1d) of article 105 of Law no. 5/2004 of 10 February amount to:

Fee code	Act	Fee (Euro)
113101	Granting of rights of use for numbers or their reservation	200

 

ANNEX II

Fees due for the provision of electronic communications networks and services
[paragraph 1 b) of article 105 of the ECL]

1 – The annual fee due for the provision of publicly available electronic communications networks and services, provided for in paragraph 1 b) of article 105 of Law no. 5/2004 of 10 February, shall be calculated based on the amount of relevant revenues directly connected to the pursue of the activity achieved in the calendar year preceding that on which the fee is paid, according to steps indicated in the table below:

Fee code	Steps	Between ...Euros	And ... Euros	Fee F1 (Euros)
121101	0	0	100 000	F0 = 0
121102	1	100 001	1 500 000	F1 = 2 500
121103	2	1 500 001	No limit	F2

Method of calculation of fee F2

Fi (Year n) = fee due by bodies of step i (i= 0, 1, 2) in Year n.

F1 (Year n) = fee due by bodies of step 1 in Year n.

F2 (Year n) = fee due by bodies of step 2 in Year n.

ni (Year n) = number of bodies of step i (i= 0, 1, 2) in Year n.

Ri (Year n-1) = relevant revenues of bodies of step i (i= 0, 1, 2) in Year n-1, which must be submitted to ICP-ANACOM pursuant to paragraph 5 hereof.

∑ Ri (Year n-1) = total of relevant revenues of bodies of step i (i= 0, 1, 2) in Year n-1.

C(Year n) = total of administrative costs borne by ICP-ANACOM concerning paragraph 1b) of article 105 of Law no. 5/2004 of 10 February, to be published pursuant to paragraph 5, which must be taken into consideration for Year n.

R2 (Year n-1) = relevant revenues of bodies of step 2 in Year (n-1).

f2(Year n) = [C(Year n) - ∑ F1n1(Year n)]/ ∑R2(Year n-1) [contribution rate (%) of companies of step 2 for year n].

F2 (Year n) = f2(Year n) x R2 (Year n-1).

2 –  The value of the f2 contribution rate that results from the formula for step 2 shall be fixed annually by determination of the Board of Directors of ICP-ANACOM and published on the respective website, following the measurement and disclosure of the total administrative costs (C) and of the total relevant revenues of bodies of step 2 (R2).

3 -  Relevant revenues must be calculated prior to the application of the value added tax (IVA) and shall not include the sale of terminal equipment or revenues from other activities other than the provision of electronic communications networks and services, nor revenues from dealings between companies of the same group, within the meaning of the Commercial Companies Code.

4 –  Revenues resulting from:

a) The provision of universal service (defined under article 87 of Law no. 5/2004) to final users, or to groups of specific final users, in the situation provided for in paragraph 2 b) of article 96 of Law no. 5/2004, as well as from the provision of public pay phones under point a) of the same provision;

b) The provision of universal service to retired people and pensioners that enjoy specific conditions laid down in ICP-ANACOM’s determination of May 2007 on specific conditions for retired people and pensioners in the scope of the universal service;

c) The provision of services for which any negative operation margins must be directly compensated by the State, pursuant to the bases of concession of the telecommunications public service,
 shall not be considered for the purpose of calculation of relevant revenues.

5 -  Revenues resulting from the provision of the universal service referred to in point a) of the preceding paragraph shall be established on the basis of calculations undertaken by ICP-ANACOM pursuant to articles 95 and 96 of Law no. 5/2004, for the purpose of calculating net costs of universal service obligations. Nevertheless, for the purpose of payment of fees due in each year, ICP-ANACOM shall provisionally accept the values of relevant revenues indicated by universal service providers, until the referred net costs have been calculated by ICP-ANACOM, any adjustment of values being then carried out.

ANNEX III

Fees due for the use of numbers [paragraph 1 e) of article 105 of the ECL]

1 –  In order to determine the amount of the annual fee due for the use of numbers, four different fees, A, B, C, and D, are hereby created and must be applied according to the type and scarcity of numbering resources.

2 –  The following values are hereby established:

a) Fee ''A'', €0,02 (no VAT) by reference to a 9-digit number of range «2» of the Telecommunications National Numbering Plan (ITU-T Recommendation E. 164);

b) Multiplication factor that correlates each fee B, C and D with reference fee A, that corresponds respectively to 2, 1000 and 10 000.

3 -  Without prejudice to any alterations made to the National Numbering Plan, the distribution of the different types of fees that apply to the use of the different types of numbers/services, the respective value and code are hereby defined in the table below:

Fee code	Type of fee	Type of numbers/services	Fee (Euro)
131101	A	Geographic, mobile, (including shared resources), nomadic VoIP, data network access, private voice networks, inter-operator routing	0.02
131102	B	Voice mail, audio-text, free of charge to the caller, shared costs, shared revenues (including single tariff and universal access), premium-rate with utility nature, virtual card, personal, short (except free-of-charge)	0.04
131103	C	National Signalling Point Code	20
131104	D	ISPC - International Signalling Point Code, DNIC - Data Network Identification Code, IIN -Issuer Identifier Number, (T)MNC - (Trunking Mobile Network Code), SID -System Identifier CDMA, NET - Network Operator Identity (MPT 1343)	200
-	Free	Emergency, free and short with social interest namely  1410, 1414, 144, 116000, 116111, 116123), directory service in the scope of the universal service (118), 12xyz for internal use to networks; NRN - Network Routing Number (portability), with implicit portability (fax and mobile telephone service data, listening and recording voice mail), maritime mobile, NSPC for internal use to networks, ADMD - Names of Administration Management Domain, NCC - Network Colour Code.	-

4 - The amount of the annual fee due for the use of numbers shall be calculated according to the following formula:

Fee for use (FN) = Σmn=1 Fxn × Am numbersn

Where:

Fxn – amount of the fee (A, B, C or D) of the resource type n;

Am numbersn – Amount of numbers of the resource type n;

m –  Number of the different type of numbers/services the rights of which were   granted or reserved.

5 -  Due to limitations for which service providers are not responsible, the fee for the use of numbers of the service of access to data networks and audio-text service shall be determined based on the following specific criteria:

a) Each access code of the service of access to data networks, the number of which has the format «67PPxy000» where: 67 is the service access code, PP is the provider code, XY is the field managed by the provider and 000 the compulsory field for formatting the nine-digit number, shall correspond to the effective use of 100 numbers;

b) Each access code of the audio-text service, the number of which has the format «6XXTPPabc » where: 6XX is the service access code, T is the tariff defined by the provider, PP is the audio-text provider code, and abc the three-digit field managed by the provider, shall correspond to the effective use of 1000 numbers per each tariff T used by the provider.

ANNEX IV

Radiocommunication fees [paragraph 1 f) of article 105 of the ECL]

1 –  Fees due for the use of frequencies – The fees due for the use of frequencies, pursuant to paragraph 3 of article 5 of Law no. 5/2004 of 10 February, shall amount to:

1.1 - Fees due for the use of frequencies for mobile services:

1.1.1 - Mobile service with shared resources:

Fee code	Fee per 1 MHz (Euro)
141101	120 000

1.1.2 - Land mobile service:

Fee code	Fee per 1 MHz (Euro)
141201	120 000

The allocation of spectrum exceeding 35 MHz, for each frequency band (450 MHz, 900 MHz, 1800 MHz e 2100 MHz) shall be taxed as follows:

a) To the first 35 MHz applies the fee indicated in the table above;

b) To the remaining spectrum applies a fee that corresponds to twice the fee indicated in the table above.

1.1.3 - Land mobile service - Railway communications system (GSM-R) - applicable fee per  ''service area'' and per megahertz:

Fee code	Fee per 1 MHz (Euro)
141301	F = A/S * Fr

Where:

A is the service area, in square kilometres, calculated according to the following formula:

A= L*10

L is the length, in kilometres, of the national railway network, at present with 2600 km;

10 stands for the reference value, in kilometres, assumed to be the width of the corridor associated to the railway, which corresponds to the typical average distance between the network’s base stations implemented along the railway.

S represents the area of the national territory: 92 002 km2

Fr represents the reference fee per megahertz ((€ 120 000/MHz).

New radiocommunication stations are applied a reduction by 50% relatively to the amount of fees applicable, during the first three years of the radio license.

1.1.4 - Land mobile service - privative networks - fee applicable per each channel assigned  per cell:

Fee code	Fee per 1 MHz (Euro)
141401	T = Fr * K2 * K2 * K3

Where:

Fr - Reference fee: €50
K1 — coverage factor:
1 — coverage up to 15 km radius;
2.5 — coverage up to 30 km radius;
5 — coverage up to 60 km radius;
15 — national coverage;

K2 — band width factor:
1 —6.25 kHz, 12.5 kHz or 20 kHz simplex channel;
2 — 6.25 kHz, 12.5 kHz or 20 kHz duplex channel;
2 —25 kHz simplex channel;
4 —25 kHz duplex channel;

K3 — sharing factor:
1 — network with up to 10 mobile stations;
2 — network with 11 -35 mobile stations;
4 — network with more than 35 mobile stations;
5 — network with exclusive channels for national coverage.

1.1.5 -  Aeronautic mobile service - fee applicable per station:

Fee code	Fee (Euro)
141501	50

1.1.6. -  Maritime mobile service - fee applicable per station:

Fee code	Fee (Euro)
141601	50

1.2 – Fees due for the use of frequencies for the broadcasting service:

1.2.1 -  Radio broadcast service in decametric waves (short wave) - fee applicable per station:

Fee code	Fee (Euro)
142101	600

1.2.2 -  Radio broadcast service in hectometric waves (medium wave) - fee applicable per station:

Fee code	Power (P)	Fee (Euro)
142201	P ≤ 10 kW	50
142202	10 kW < P ≤ 25 kW	75
142203	25 kW < P ≤ 50 kW	100
142204	P > 50 kW	150

1.2.3 -  Radio broadcast service operating in frequency modulation (FM) - fee applicable  according to the type of network coverage:

Fee code	Type of coverage	Population (I) (103 inhabitants)	Fee (Euro)
142301	National		30 000
142302	Regional		15 000
142303		I ≥ 140	900
142304		70 ≤ I <140	600
142305	Local (1)	35 ≤ I <70	450
142306		5 ≤ I <35	300
142307		I <5	150

1.2.4 - Terrestrial digital audio broadcasting service (T-DAB) - fee applicable for network coverage:

Fee code	Type of coverage	Fee (Euro)
142401	National 23 000

1.2.5 - Terrestrial analogue television broadcasting service - fee applicable for network  coverage:

Fee code	Type of coverage	Fee (Euro)
142401	National 23 000

1.2.6 - Digital television broadcasting service - fee applicable per multiplexer:

Fee code	Type of coverage	Fee (Euro)
142601	National	45 000
142602	Partial	31 500

1.3 – Fees due for the use of frequencies for the fixed service:

1.3.1 – Fixed service - point-to-point and point-to-multipoint connections operating in  frequency bands equal to or greater than 1 GHz (except FWA and MMDS) – fee  applicable per bidirectional connection and per assigned channel:

Frequency band (GHz)	1 -3	4 -11	12 -15	18 -24	> 24
Minimum length of the connection (min L)	n. a.	10 km	5 km	2 km	n. a.
Fee per megahertz (Euro)	44 * √L	52 * √L	27,5 * √L	14 * √L	11,5 * √L
Fee code	143101	143102	143103	143104	143105

Where L stands for the connection distance in kilometres (to three decimal places).

Point-to-multipoint connections are made up of a set of point-to-point connections. In this particular case, the fee to be applied results from the sum of fees calculated for each point-to-point connection.

The fee applied to a second co-channel connection, on the same route and with cross-polarization, is reduced by 50%.

Unidirectional connections are applied a reduction by 25% relatively the fee amount that applies to bidirectional connections.

The minimum amount of the fee applicable per connection and per assigned channel shall be 50€.

1.3.2 – Fixed service – point-to-point and point-to-multipoint connections intended for  occasional use operating in frequency bands equal to or greater than 1 GHz – fee  applicable per network and per assigned channel:

Frequency band (GHz)	1 -3	4 -11	12 -15	18 -24	> 24
Fee per megahertz (Euro)	660 * √ 30 (€ 3 615)	780 * √ 42 (€ 5055)	415 * √ 12 (€ 1 438)	210 * √ 3 (€ 364)	175 * √ 2 (€ 248)
Fee code	143201	143202	143203	143204	143205

1.3.3 - Fixed service - point-to-point connections operating in frequency bands lower than 1  GHz – fee applicable per network and per assigned channel:

Fee code	Fee (Euro)
143301	F = Fr * K1 * K2 / 2

Where:

Fr - Reference fee: €50
K1 — connection distance factor:
1 — connections up to 15 km;
2.5 — connections between 15 km and 30 km;
5 — connections between 30 km and 60 km;
15 — connections above 60 km;

K2 — band width factor:
1 —12.5 kHz simplex channel;
2 —12.5 kHz duplex channel;
2 —25 kHz simplex channel;
4 —25 kHz duplex channel.

The fee applied to a second co-channel connection, on the same route and with cross-polarization, is reduced by 50%.

1.3.4 – Fixed service - point-to-point connections intended for  occasional use operating in  frequency bands lower than 1  GHz – fee applicable per network and per assigned channel:

Fee code	Fee (Euro)
143401	37,5 * Fr * K/2

Where:

Fr - Reference fee: €50
K — band width factor:
1 —12.5 kHz simplex channel;
2 —12.5 kHz duplex channel;
2 —25 kHz simplex channel;
4 —25 kHz duplex channel;

1.3.5 - Fixed service - point-to-multipoint connections operating in frequency bands lower  than 1  GHz – fee applicable per network and per assigned channel:

Fee code	Fee (Euro)
143501	T = Fr * K1 * K2 * K3

Where:

Fr - Reference fee: €50;
K1 — connection distance factor:
1 — connections up to 15 km;
2.5 — connections between 15 km and 30 km;
5 — connections between 30 km and 60 km;
15 — connections above 60 km.
For the purpose of the application of the factor K1, the distance of the highest point-to-point connection shall be considered:
K2 — band width factor:
1 —12.5 kHz simplex channel;
2 —12.5 kHz duplex channel;
2 —25 kHz simplex channel;
4 —25 kHz duplex channel;

K3 — sharing factor:
1 — network with up to 10 terminal stations;
2 — network with 11 to 35 terminal stations;
4 — network with more than 35 terminal stations.

4 —25 kHz duplex channel;

1.3.6 - Fixed service - point-to-multipoint connections intended for occasional use operating  in frequency bands lower than 1 GHz – fee applicable per network and per allocated channel:

Fee code	Fee (Euro)
143601	T = 37,5 * Fr * K

Where:

Fr - Reference fee: €50
K — band width factor:
1 —12.5 kHz simplex channel;
2 —12.5 kHz duplex channel;
2 —25 kHz simplex channel;
4 —25 kHz duplex channel.

1.3.7 - Fixed service - point-to-multipoint connection - Multipoint Microwave Distribution  System – fee applicable per central station:

Fee code	Fee (Euro)
143701	16 * LF

Where LF stands for the total radio spectrum allocated, in megahertz.

1.3.8 - Fixed wireless system (FWA) and Broadband Wireless Access (BWA):

Fee code		Fee (Euro)
143701	Per each frequency band allocated in each zone	α* LF * W5

Where α is a weight that corresponds to the value of the radio spectrum unit per each allocated frequency band:

Frequency band	α
3400 MHz -3800 MHz	357,143
24,5 GHz -26,5 GHz	178,571
27,5 GHz -29,5 GHz	114,286

LF represents the entire radio spectrum allocated, in megahertz;

W5 represents the weight that aims to reflect the social impact of the radio spectrum in the different regions of the country, based on the social and economic development index.

W5	Country zones
1	Zone 1 - districts of Leiria, Lisbon, Santarem and Setubal (municipalities of Alcochete, Almada, Barreiro, Moita, Montijo, Palmela, Seixal, Sesimbra and Setubal).
0,92	Zone 2 - districts of Braga, Porto and Viana do Castelo.
0,92	Zone 3 - districts of Aveiro and Coimbra.
0,83	Zone 4 - districts of Bragança, Guarda, Vila Real and Viseu.
0,86	Zone 5 - districts of Castelo Branco and Portalegre.
0,86	Zone 6 - districts of Beja, Evora and Setubal (municipalities of Alcacer do Sal, Grandola, Santiago do Cacem and Sines).
0,90	Zone 7 - district of Faro.
0,90	Zone 8 - Autonomous Region of the Azores.
0,90	Zone 9 - Autonomous Region of Madeira.

1.3.9 – Fixed service – connections in decametric and hectometric waves – fee applicable per  station:

Fee code	Spectrum allocated (LF)	Fee (Euro)
143901	LF ≤ 6 kHz	50
143902	LF > 6 kHz	100

1.4 – Fees due for the use of frequencies for the radiodetermination service:

1.4.1 - Land radiodetermination service – fee applicable per station:

Fee code	Spectrum allocated (LF)	Fee (Euro)
144101	LF ≤ 100 kHz	50
144102	100 kHz < LF ≤ 1 MHz	500
144103	LF > 1 MHz	2500

1.5 -  Fees due for the use of frequencies for the satellite radio services – fee applicable per  each earth station:

1.5.1 - Satellite radiodetermination service - space operations service - fee applicable per  each earth station:

Fee code	Spectrum allocated (LF)	Fee (Euro)
145101	LF ≤ 3 MHz	1 726
145102	3 MHz < LF ≤ 18 MHz	12 637
145103	18 MHz < LF ≤ 36 MHz	26 211
145104	LF > 36 MHz	33 700

1.5.2 – Space scientific services:

Earth exploration satellite service;

Weather satellite Service;

Space research service.

Fee applicable per each earth station:

Fee code	Spectrum allocated (LF)	Fee (Euro)
145201	LF ≤ 3 MHz	1 726
145202	3 MHz < LF ≤ 18 MHz	12 637
145203	18 MHz < LF ≤ 36 MHz	26 211
145204	LF > 36 MHz	33 700

1.5.3 – Fixed satellite service and mobile satellite service - fee applicable per each earth  station:

Fee code	Spectrum allocated (LF)	Fee (Euro)
145301	LF ≤ 3 MHz	3 002
145302	3 MHz < LF ≤ 18 MHz	21 978
145303	18 MHz < LF ≤ 36 MHz	45 584
145304	LF > 36 MHz	58 608

1.5.4 -  Fixed Satellite Service - VSAT (Very Small Aperture Terminal) earth stations: fee  applicable per VSAT stations network:

Spectrum allocated (LF)	Number of earth stations of the VSAT network
	Up to 20		Between 21 and 100
	Fee code	Fee (Euros)	Fee code	Fee (Euros)
LF ≤ 200 kHz	145401	60 * n	145405	520 + (34 * n)
200 kHz < LF ≤ 2 MHz	145402	134 * n	145406	1 480 + (60 * n)
2 MHz  < LF  ≤ 18 MHz	145403	298 * n	145407	3 800 + (108 * n)
LF > 18 MHz	145404	666 * n	145408	9 240 + (204 * n)

 

Spectrum allocated (LF)	Number of earth stations of the VSAT network
	Between 101 and 500		More than 500
	Fee code	Fee (Euros)	Fee code	Fee (Euros)
LF ≤ 200 kHz	145409	1 920 + (20 * n)	145413	6 920 + (10 * n)
200 kHz < LF ≤ 2 MHz	145410	4 880 + (26 * n)	145414	11 880 + (12 * n)
2 MHz  < LF  ≤ 18 MHz	145411	10 600 + (40 * n)	145415	23 600 + (14 * n)
LF > 18 MHz	145412	23 340 + (64 * n)	145416	45 240 + (20 * n)

1.5.5 -  Fixed Satellite Service - SNG earth stations (SNG - satellite news gathering) - fee applicable per each earth station:

Fee code	Fee (Euro)
145501	2 542

1.6 -  Fees due for the use of frequencies for other radiocommunications services:

1.6.1 - Licensed receiving stations - fee applicable per each station:

Fee code	Fee (Euro)
146101	50

1.6.2 -  Services ancillary to programme making/services ancillary to broadcasting (SAP/SAB  applications) - fee applicable per network and assigned channel:

Fee code	Type of connection	Fee (Euro)
146201	Video links (1)https://www.anacom.pt/render.jsp?contentId=55129	160 * LF
146202	Audio links (2)https://www.anacom.pt/render.jsp?contentId=55130	2 250

(¹) - Comprises news reports or events SAP/SAB video links, namely wireless cameras, portable and mobile video links and point-to-point video links.
(²) - Comprises news reports or events SAP/SAB audio links, namely portable and mobile audio links and point-to-point audio links.

1.6.3 - Stations with utility or recreational purposes – fee applicable per station intended for  utility or recreational purposes, operating in frequency bands to be used by  industrial, scientific or medical applications, according to the Radiocommunications  Regulation:

Fee code	Fee (Euro)
146301	50

1.6.4 -  Telecontrol stations - fee applicable per station for the purposes of telecontrol,  telemetry, telealarm, data transfer in non-harmonized frequency bands, with power  range between 200 mW and 5 W.

Fee code	Fee (Euro)
146401	50

1.7 -  Fees applicable to the Radio Data System (RDS) – for the purpose of RDS installation  and operation, pursuant to paragraph 1 of article 8 of Decree-Law no. 272/98, of 2  September, the following fees apply:

Fee code	Act	Fee (Euro)
147101	Authorization for RDS operation	74,82
147102	Change to authorization for RDS operation	2,54

 

ANNEX V
Fees due for the Radio Amateur Service
(paragraphs 1 and 4 of article 22 of Decree-Law no. 5/95 of 17 January)

Fees charged by ICP - Autoridade Nacional de Comunicações (ICP-ANACOM), for the purposes of and pursuant to Decree-Law no. 5/95, of 17 January, that approves the Amateur Radio Regulation, amount to:

1 – Administrative charges:

Fee code	Act	Fee (Euro)
151101	Station licensing	6,93
151102	Issue of CEPT license	2,54
151103	Alteration or second means of license or certificate	2,54
151104	Examination of competence	12,69
151105	Issue of HAREC certificate	2,54
151106	Granting of listening code or special calling code	2,54

2- Fee for use:

Fee code	Act	Fee (Euro)
152101	Amateur station	9,22

3 -  The amount due by handicapped radio amateurs for the use of amateur stations is reduced by 70%, provided that the beneficiary presents an invalidity or permanent disability certificate, or a certified copy thereof, issued by a competent body.

4 –  For the purpose of the reduction referred to in the preceding paragraph, handicapped persons shall mean those who suffer permanent disability at 60% or above, calculated pursuant to Decree-Law no. 341/93 of 30 September.

ANNEX VI

Fees due for the Personal Radio Service - Citizen Band (CB)
(paragraph 1 of article 11 of Decree-Law no. 47/2000, of 24 March)

Fees charged by ICP - Autoridade Nacional de Comunicações (ICP-ANACOM), for the purposes of and pursuant to Decree-Law no. 47/2000, of 24 March, that establishes the legal regime for the use of the Personal Radio Service - Citizen Band (CB), for the registration of users, amount to:

Fee code	Act	Fee (Euro)
161101	Registration of users	74,82

 

ANNEX VII

Fees due for the installation of telecommunication infrastructures in buildings (ITED)
(paragraph 1 of article 45 of Decree-Law no. 59/2000, of 19 April)

Fees charged by ICP - Autoridade Nacional de Comunicações (ICP-ANACOM), for the purposes of and pursuant to Decree-Law no. 59/2000, of 19 April, that lays down the regulations for the installation of telecommunication infrastructures in buildings and the respective connections to public telecommunications networks, as well as regulation of the certification of the installations and evaluation of conformity of equipment, material and infrastructure, amount to:

Fee code	Act	Fee (Euro)
171101	Registration of  a natural person as designer	24,94
171102	Registration of  a natural person as installer	24,94
171103	Registration of  a legal person as designer	49,88
171104	Registration of  a legal person as installer	49,88
171105	Registration as installer-certifier	99,76
171106	Registration as certifying body	99,76
171107	Renewal of registration of  a natural person as designer	24,94
171108	Renewal of registration of  a natural person as installer	24,94
171109	Renewal of registration of  a legal person as designer	49,88
171110	Renewal of registration of  a legal person as installer	49,88
171111	Renewal of registration as installer-certifier	99,76
171112	Renewal of registration as certifying body	99,76

 

ANNEX VIII

Fees due for the access to and provision of audio-text services
(paragraphs 1 and 2 of article 11 of Decree-Law no. 177/99 of 21 May, as amended by Law no. 95/2001, of 20 August)

1 -  Fees charged by ICP - Autoridade Nacional de Comunicações (ICP-ANACOM), for the purposes of and pursuant to paragraphs 1 and 2 of article 11 of Decree-Law no. 177/99 of 21 May, as amended by Law no. 95/2001, of 20 August, that regulates the access to and the provision of audio-text services, amount to:

Fee code	Act	Fee (Euro)
181101	Registration of audio-text service providers	199,52
181102	Endorsements to or substitution of the registration, if lost	49,88
181203	Annual fee due for the provision of audio-text services	498,80

2 -  The annual fee due for the provision of audio-text services shall be paid in July every calendar year.

3 -  Where the provision of audio-text services starts after the date referred to in the preceding paragraph, the annual fee shall be due only for the number of months that remain up to the end of June of the following calendar year, for this purpose all fractions of one month being deemed as a full month.

ANNEX IX

Fees due for the access to and provision of postal services
(paragraph 1 of article 19 of Decree-Law no. 150/2001, of 7 May, as amended by Decree-Law no. 116/2003, of 12 June)

1 -  Fees charged by ICP - Autoridade Nacional de Comunicações (ICP-ANACOM), for the purposes of and pursuant to Decree-Law no. 150/2001, of 7 May, as amended by Decree-Law no. 116/2003, of 12 June, that establishes the regime of access to and provision of postal services in a competitive market, amount to:

Fee code	Act	Fee (Euro)
191101	Issue of license	10 000
191102	Endorsement to license, if altered	250
191103	Substitution of license, applied to by the licensed body	750
191104	Renewal of license	1 500
191105	Issue of authorization	700
191106	Endorsement to authorization, if altered	70
191107	Substitution of authorization, applied to by the licensed body	70

2 –  Annual fees provided for in paragraph 2 of art 19 of Decree-Law no. 150/2001, of 7 May, as amended by Decree-Law no. 116/2003, of 12 June, shall amount to:

a) (Euro) 6000, for the pursue of activities that require a license;

b) The amount of the annual fee to be paid by authorized bodies shall be calculated based on the value of annual revenues of postal activities, on the year preceding that on which the fee is to be paid, according to steps indicated below:

Step	Value of annual revenues of the postal provider	Fee (Euro)
0	Up to € 100 000	0
1	Value exceeding € 100 000	2 500

3 - The annual fee set out in the preceding paragraph shall be paid in September every calendar year.

4 -  For the purposes of paragraph 2 b), operators authorized to pursue a postal activity shall submit to ICP-ANACOM, by 30 June every year, a statement signed by the body empowered to bind the postal operator, acknowledged as such, indicating the amount of relevant revenues achieved in the preceding calendar year directly connected to the pursue of the activity, as well as the amount previewed to be achieved for the current year.

5 - Where the activity starts after the date referred to in the preceding paragraph, the mentioned statement shall be submitted to ICP-ANACOM within 15 days from the date on which the authorized services start to be provided, with an indication of the amount of relevant revenues previewed for the current year.

6 -1 - Where the provider of electronic communications networks and services ceases its  activity before 30 June of each calendar year, a statement must be sent to ICP- ANACOM within 15 days from the date of termination of activity, indicating relevant  revenues achieved in the preceding calendar year directly connected to the pursue of  the activity, for the purpose of immediate payment of fee.

2 -  In the situation mentioned in the preceding paragraph, the annual fee is due up to the  date on which the provider’s license or authorization is cancelled.

 
¹ Includes programme services with a license for the pursue of the activity in municipalities with local residents (I), according to the last surveys published by the Instituto Nacional de Estatística (National Statistics Institute), grouped in accordance with these categories.

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