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PROPOSED LAW No. 28 /XI

Exhibition of Motives

Access to radio activity and the respective exercise are currently regulated by the Law

n 4/2001 of February 23, amended by Law No. 33/2003 of August 22 and by the Law

n. 7/2006, of March 3. Despite such punctual revisions, the normative frame of the radio

it lacks updating, calling for the creation of opportunities for qualification and

development of the activity, and of better conditions for radio operators

can adapt to the dynamism of the market. For so much, it becomes necessary to proceed,

in a general picture of transparency as to the entitlement of alvarás, to the incentive of new

forms of collaboration and sharing of resources between radios, of which they can benefit

particularly the local radios. It is also judged to be appropriate to overcome some of the current

constraints, merely administrative, of the sector. It is still purpose of the amendments

now propugnates the reinforcement of the obligations of the public radio service as well as the

enhancement of the transparency and proportionality of the respective funding.

In generic terms, in what concerns the activity-access regime, it remains the

distinction between, on the one hand, services of radiophonic programs that use the spectrum

terrestrial hertzian intended for broadcasting and, on the other hand, programme services

radiophonics that use other means, such as cable or satellite.

The access of the former continues to be preceded, by virtue of the Constitution, of concourse

public, while the access of the seconds, presupposing the use of means

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technically less limited and integrating a more fragmented commercial offer, with

lower potential public impact, suffice it with a simplified regime of authorization.

When exercised exclusively through the Internet, the radio activity, understood as

the continued and concurrent supply of programme services to the general public,

goes on to be subject to simple registration. The exercise, by private users, of freedom

of expression via the Internet, not assuming an essentially economic character,

regular and structured on the basis of an articulated offer of programmes, remains out of the

scope of this Law.

In the area of the transparency of the property, the relationship of holders or holders of

participations in the social capital of radio operators must, in the terms of the present

proposed law, be published and updated on the electronic site of the respective bodies of

media or, in their absence, communicated to the Regulatory Entity for the

Social Communication (ERC). The same principle of advertising is applicable in respect of

identification of the administrators and managers of the radio operator, as well as of the

your content directors.

As for the requirements for the exercise of radio activity, the principle of specialty,

which aims to ensure the transparency of operators and independence in the editorial guidance

of its programme services, it becomes applied only to generalist and thematic radios

informations. In the case of local radios, it is said to be referred to not only the activity of

radio, but to any social media activity, thus enabling the exploitation

integrated of multiple communicational supports. Of the observance of this principle are

exempt from the associations or foundations of promoting equality and social solidarity,

as well as those of a humanitarian, educational, cultural, scientific or a student nature, in the

measure in which radio activity continuing to detraction from activities

enrolled in their purposes.

With regard to the conditions for the exercise of the local scope radio activity, the

present proposal admits funding by municipalities, by decision of majority of two

thirds of the members of the respective municipal assemblies in accordance with the principles

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of necessity and suitability and also with the principles of advertising, of

objectivity and non-discrimination. The measure aims to introduce greater transparency in the

aid allocated by municipalities, pushing aside conditioning risks from the

independence of local radios.

Still in this area, the regime of responsibility for content is clarified

informations of the services of radio programmes, with a view to which the management positions or

of chefs in the area of information are exercised with editorial autonomy, preventing themselves from

interference of the radio operator in the production of the contents of informative nature,

as well as in the form of their presentation, save when they aim at the strict acatation of

legal prescriptions whose default originates criminal liability or against-

ordering on the part of the radio operator.

The present proposed law has yet to keep up with technological developments and give

response to the necessary optimization of the radioelectric spectrum. In what touches the aspects

related to the exercise of radio activity on digital platforms in which the

same radioelectric signal support more than a program service, acknowledged

that they still lack economic maturation, so it has been decided to refer the matter to

own legislation.

The renewal of the licences and permits of the programme services, the similarity of the

that succeeding in television, it becomes expressly dependent on the verification of the

regular fulfillment of the obligations to which those are bound, which

compete for the ERC, within the framework of its regulation and supervision activity.

With respect to the exercise of radio activity, a legal reformulation is carried out

that creates more conditions for the development of business and professional projects,

through, in particular, the redefinition of the applicable rules on concentration

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of the ownership of the radiophonic operators and permission of forms of collaboration

between radio operators that potenties gains of scale.

As for the first aspect, it abandons the stiffness of the limit to the participation of each person

singular or collective in more than five radio operators in the entirety of the territory

national. This prediction, stripped of economic rationality, does not favour the emergence of

structured and consistent projects, above all at the level of local radios, being

replaced by a limit of 10% on the total of existing, more realistic and

as per the desideratum of fostering professionalism in the sector. It is anticipated, however, to

impossibility of holding a number of services from national scope programmes

equal to or greater than 50% of the total of the services of programs enabled for the same area

of coverage, and, in the same district, in the same metropolitan area, in the same municipality or,

in the Autonomous Regions, on the same island, of a number of equal local scope licences or

greater than 50% of the services of programs enabled in each of these constituencies

specific.

As for the second focussed aspect, the possibility of operation of chains is extended

partial between services of local or regional programs presenting the same typology

(generalists or thematics). In these partnerships, the radios have to guarantee, between the seven and the 24

hours, six daily hours of own programming that promotes the characteristic elements

of the local cultures.

It is also reinforces the possibility of full chain issuance of programme services

themed with the same specific model of programming. These associations can

now to integrate up to six programme services, as long as belonging to different districts,

but not to contigued municipalities, or up to eight, if they also involve programme services

of the Autonomous Regions.

With this proposed law, and having further aim to confer greater capacity

to radio operators to adapt to the dynamism of the respective market, ends

with the obligation of at least one frequency in each municipality to be affects a

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service of generalist programs. Thus, the characteristics of programme services

depend on the terms of the contest and the approved project rather than being limited, to the

departure, by rigid administrative constraints.

With the same purpose, it now admits to the constitution ab initio of regional radios that

have by reference, in addition to a set of districts or islands, also a

district or a metropolitan area; and the creation of local radios that have as a reference

a set of contigued municipalities or an island with several municipalities.

Another novelty of the present law proposal relates to the end of the rule of the

intransmissibility of licences and authorizations for the services of programmes of

local scope. Thus, it now admits to the assignment of the programme services and the respective

skillful securities, upon permission of the ERC, when this is demonstrably

advantageous for the safeguarding of the licensed or authorised project and as long as it is

conveyed the universality of goods, rights and obligations, including those of a nature

labour, affects the respective programme service. In such a way as to prevent the appeal

speculative to this faculty, it will not be able to be exercised before three years have elapsed

on the assignment of a permit or permit, in the two years following an amendment

to the radiophonic project authorised by the ERC or before one year has elapsed over the last

renewal. The same limitations, of the rest, that vigorously apply for the change of domain of the

radio operators carrying out the activity upon licence awarded by tender

public.

It is carried out, in the similarity of what has already been done in television, to the clarification of the

purposes and obligations of operators and of the services of radiophonic programs.

This Law further proceeds to the duration of the licences and permits that

come to be assigned or renewed after their entry into force, which go on to have the

length of 15 years, rather than the 10 years provided for in the current regime.

The reason for this amendment is based on the need to harmonise the term of securities

granted for the exercise of radio activity by the ERC, with the term of the rights of

use of frequencies assigned under the Act No. 5/2004 of February 10,

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amended by Decree-Law No. 176/2007 of May 8 by Law No 35/2008 of July 28,

by Decree-Law No. 123/2009 of May 21 and by the Decree-Law No. 258/2009, 25 of

September, by the ICP-ANACOM.

Purpose of this proposal is to also strengthen the specific obligations of the public service

of radio, whether as to the respective activities, or how much to their participation in the

development of Portuguese culture and music. It is still secured your

financing according to strict criteria of need, suitability and

proportionality, ensuring the monitoring and enforcement of compliance with the

respective concession contract.

Take advantage of, yet, this legislative moment to clarify and perfect the regime

sanctionatory provided for in the current Radio Act, adapting it to the framework of such obligations

as redefined by this proposed law. Of the same step, the maximum amount of the

predicted counter-ordinations is reduced to one-third when the respective illicit are

committed by services of local coverage programs.

One of the enhancements introduced, in the wake of a Recommendation of the

Ombudsman, it is the possibility of the accused in the process-crime, reported through the

radio and subsequently acquitted by sentence transitioned on trial, apply to the Court

that the content of this sentence be reported by the radio operator on the same service as

programs on time, space, and equivalent radiophonic prominence.

The governing bodies of the Autonomous Regions, the Association, were heard

National of Portuguese Municipalities, the Regulatory Entity for Social Communication, the

Syndicate of Journalists, the Portuguese Confederation of Media, the

Portuguese Association of Broadcasting and the Association of Christian Inspiration Radio. It Was

still promoted the hearing of the National Board of Consumption.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

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Assembly of the Republic the following proposal for a law:

CHAPTER I

General provisions

Article 1.

Subject

This Law shall have the subject of regulating access to radio activity on the national territory

and your exercise.

Article 2.

Definitions

1-For the purposes of this Law shall be understood by:

a) "Radio activity", the activity pursued by legal persons who

consists of the organization and supply, with a character of continuity, of

services of radiophonic programs with a view to its transmission to the public

in general;

b) "Domain" means the existing relationship between a natural or a legal person and a

company when, regardless of whether the domicile or the head office is located in

Portugal or abroad, the one may exercise on this, direct or

indirectly, a dominant influence, considering, in any case,

exist domain when a natural or legal person:

i) Holds a majority stake in the social capital or the majority of

voting rights;

ii) May exercise the majority of the voting rights, in accordance with the terms of agreement

parassocial; or

iii) May appoint or remove the majority of the holders of the organs of

administration or surveillance.

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c) "Chain issuance", the transmission, concurrent or deferred, total or partial, of the

programming of a same program service by more than one operator

licensed or authorized for the exercise of the radio activity;

d) "Habilitation", the indispensable title for the exercise of the radio activity,

conferred by legislative act, license, authorization or concession;

e) "Radio Operator", the entity responsible for the organization and supply,

with a character of continuity, of services of radiophonic programs legally

enabled for the exercise of radio activity;

f) "Sponsorship" means the contribution made by natural or legal persons, public

or private, other than radio operators or producers of works

radiophonics, for the financing of radio programme services, or of the

its programs, with the aim of promoting its name, brand, image,

activities or products;

g) "Own Programming", the one composed of selected elements,

organized and disseminated autonomously by the responsible radio operator

by the respective programme service, with relevance to the audience of the

corresponding geographical area of coverage, particularly in social plans,

economic, scientific and cultural;

h) "Radio", the unilateral transmission of sound communications, through a network

of electronic communications, intended for reception at the same time by the public

in general;

i) "Service of programs", the set of the elements of programming, sequential and

unitary, provided by a radio operator.

2-Except for the provisions of the paragraph h) of the previous number:

a) The punctual transmission of sound communications, through devices

technicians installed in the immediate vicinity of the occurrence places of events to which

respect and by targeting the public there concentrate;

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b) The transmission of sound communications in the interior of buildings and other spaces

circumscribed, provided that they do not involve the use of the hertziano spectrum

terrestrial intended for broadcasting, in the terms provided for in the National Framework of

Assignment of Frequencies.

3-Except for the provisions of the paragraph g) of paragraph 1 the emissions of a publicist character or

merely repetitive.

Article 3.

Transparency of ownership and management

1-The representative shares of the social capital of radio operators revising the form

of anonymous society are compulsorily nominative.

2-A relation of holders and holders of shareholdings in the social capital of the operators of

radio, the composition of its governing and management bodies and the identification of the

responsible for the guidance and supervision of the content of its emissions, are

made public on the electronic site of the respective media bodies,

owing to be updated in the seven days following the occurrence of the corresponding fact

constitutive whenever:

a) An incumbent or holder reaches or exceeds 5%, 10%, 20%, 30%, 40% or 50%

of the social capital or of the voting rights;

b) A holder or holder reduces his / her participation to lower value to each

of the percentages indicated in the preceding paragraph;

c) Change of the domain of the radio operator;

d) Change in the composition of the administration and management bodies or in the

structure of responsibility for the guidance and supervision of contents

of emissions.

3-A The relationship referred to in the preceding paragraph shall contain, with the necessary updates:

a) The discrimination of the percentages of participation of the respective holders and

holders;

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b) The identification of the entire chain of entities to whom one is to be charged a

participation of at least 5% in the operators concerned; and

c) The indication of the shareholdings of those holders and holders in other organs of

media.

4-In the absence of electronic site, the information and the updates referred to in paragraphs 2 and 3

are supplementively communicated by the radio operator responsible to the Entity

Regulator for Social Communication (ERC), which makes them available their access site

public.

5-The provisions of paragraphs 2, 3 and 4 shall apply, with the necessary adaptations, to the persons

non-society-form collective pursuing the activity of radio,

specifically associations, cooperatives or foundations.

Article 4.

Competition, not concentration and pluralism

1-It is applicable to radio operators the general regime of defence and promotion of the

competition.

2-The operations of concentration between radio operators subject to the intervention of the

competition regulatory authority are submitted to appear prior to the ERC, which

is only binding when it occurs that there is founded risk for free expression and

confrontation of the various currents of opinion.

3-No natural or legal person may detain, directly or indirectly,

in particular through a domain relationship, a number of service licences

of local-scope radiophonic programmes of more than 10% of the total number of licences

assigned on the national territory.

4-No natural or legal person of private law may hold, direct or

indirectly, specifically through a domain relationship, a number of

services of national scope programs in frequency modulated equal to or greater than

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50% of the services of programs enabled for the same coverage area and for the

same frequency range.

5-No natural or legal person may hold in the same district, in the same area

metropolitan, in the same municipality or, in the Autonomous Regions, on the same island, direct

or indirectly, specifically through a domain relationship, a number of

licences for services of radiophonic programmes of a local area equal to or greater than 50%

of the services of programmes with the same scope enabled in each of the

territorial constituencies referred to.

6-A change in the field of operators pursuing radio activity by

license can only occur three years after the original assignment of the permit, two years after the

modification of the approved project or one year after the last renewal, and is subject to

authorization from the ERC.

7-A ERC decides on the application for permission referred to in the preceding paragraph, ears

interested, within 30 working days, after verification and weighting of the conditions

initial determinants for the assignment of the title and the interests of the potential auditorium

of the programme services provided, ensuring the safeguarding of the conditions that

have enabled them to decide on the original project or on subsequent amendments.

8-The provisions of the preceding paragraphs shall apply, with the necessary adaptations, to

legal persons in a non-societtal form, specifically associations, cooperatives or

foundations that pursue radio activity, owing to ERC, should they be brought together

the assumptions for the realization of the operation, promote the respective changes to the

title of habilitation for the exercise of the activity.

9-It is permitted, in the terms provided for the change of field of operators, the assignment

of services of local scope programmes and their respective licences or permits,

when proven useful for the safeguarding of the licenced or authorized project

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and provided that the universality of the goods, rights and obligations are transmitted,

including those of a labour nature, exclusively allocated to the service of programmes in

cause.

10-Without prejudice to the competences of the national regulatory authority of the

communications provided for in the regime applicable to communications networks and services

electronic and radiocommunication, the assignment referred to in the preceding paragraph depends on

authorization from the ERC, which decides within 60 days of the application.

Article 5.

Public service

The State ensures the existence and operation of a public radio service, in

concession regime, in the terms of Chapter IV.

Article 6.

Principle of cooperation

1-The State, the dealership of the public service and the remaining radio operators shall

collaborate with each other in the pursuit of the values of the dignity of the human person, of the

Rule of law, democratic society and national cohesion and promotion of the

language and Portuguese culture.

2-A ERC promotes and encourages the adoption of co-regulation mechanisms, self-regulation

and cooperation between the various radio operators allowing to achieve the objectives

referred to in the previous number.

Article 7.

Areas of coverage

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1-Programs services may have coverage of international, national scope,

regional or local, depending on whether it is intended to cover, respectively:

a) In a predominant manner the territory of other countries;

b) The generality of the national territory;

c) A district or set of contiguous districts or a metropolitan area in the

continent, or a set of islands, in the Autonomous Regions;

d) A municipality or a set of contigued municipalities and possible areas

borroefs, according to the technical requirements to the necessary coverage of those,

on the continent, or an island with several municipalities, in the Autonomous Regions;

2-A The geographical area consignothing to each service of national scope programs shall be

covered with the same program and recommended signal, unless otherwise authorized, the

grant for deliberation of the ERC, and without prejudice to the use of means of coverage

complimentary, when properly authorized.

3-A The deliberation referred to in the preceding paragraph sets the time limit of discontinuity of the

issue up to a maximum of two hours per day, and may be extended, on the terms therein

anticipated, in exceptional and duly substantiated situations to the maximum extent of

six hours a day.

4-A classification of programme services as to the area of coverage is carried out by the

ERC in the act of the licence or permit, without prejudice, in respect of this, of its

amendment, in the terms provided for in Article 26.

Article 8.

Typology of the services of radiophonic programmes

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1-Programs services may be generalist or thematic owing, in this case, to be

classified according to the dominant characteristic of the adopted programming or

with the segment of the public to which they preferentially address.

2-Considerate generalists the services of programmes that present a model of

diversified programming and directed at the general public.

3-Considerate thematic the services of programmes that present a model of

programming predominantly focused on subjects or radiophonic genera

specific, such as the musical, informative or other, or directed preferentially to

certain segments of the public.

4-A The classification of programme services as to the content of the programming is

carried out by the ERC in the act of the licence or permit, without prejudice to its subsequent

amendment, the application for those concerned, in accordance with the provisions of Article 26.

Article 9.

Academic programme services

1-The frequencies reserved in the National Frequency Attribution Framework for the

exercise of the local scope radio activity may be intended for the provision of

services of programmes vocated for the populations of Higher Education, through

dispatch of the members of the Government responsible for the areas of communication

social, communications and higher education.

2-The order referred to in the preceding paragraph opens the public tender, to which they may only

apply for entities participated by institutions of higher education and associations of

students from the geographical area corresponding to the frequencies to be allocated, and shall contain the

respective regulation.

3-Havening place the selection of projects presented to the same contest, ERC has

into account, for the purpose of graduation of the applications, the diversity and creativity of the

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project, the promotion of experimentalism and the formation of new values, the

ability to contribute to the debate of ideas and knowledge, as well as that of

foster rapprochement between academic life and the local population, and still the

institutional cooperation achieved by the signatory entities of the project.

4-The services of programmes referred to in this article shall not contain any

form of commercial advertising or sponsorship, and may nevertheless turn to

publicity of institutional character relating to entities pursuing purposes in the area of

education, research and higher education.

5-The services of programmes licensed under this article are not covered by the

article 38 and can only transmit own programming by sendoing them on everything else

applicable to the provisions of this Act for the services of thematic programmes of scope

location.

Article 10.

Association of programme services

1-The services of thematic programs that comply with a same typology and to a

even specific model can, when they emit from different districts and from

non-contiguous concelhos, associating with each other, for the simultaneous transmission of the

programming.

2-A chain issuance provided for in the preceding paragraph shall not exceed six services of

programmes on the continent, to which they can add two in the autonomous regions.

3-A The association of programme services established pursuant to this article is

identified in antenna under the same assignment.

Article 11.

Partnership of programme services

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1-The services of local or regional scope programs can transmit in chain to

programming of other programme services with the same typology.

2-The services of local scope programs that integrate a chain in the terms of the

previous paragraph shall transmit a minimum of six hours of own programming,

not decomposable in more than six emission blocks, between the seven and 24 hours and

in accordance with the provisions of Article 32 (3).

3-The partnerships provided for in this Article shall apply to the provisions of paragraph 3 of the article

previous, without prejudice to compliance with the provisions of the g) of Article 32 (2)

during the own programming time.

Article 12.

Purposes of radio activity

They constitute the purposes of the radio activity according to the nature, themed and the area of

coverage of the programs services made available:

a) Contribute to the information, training and entertainment of the public;

b) To promote the exercise of the right to inform, to inform themselves and to be informed,

with rigour and independence, without impediments or discrimination;

c) Promoting citizenship and democratic participation and respecting pluralism

political, social and cultural;

d) Disseminate and promote the Portuguese culture and language and the values they express

the national identity;

e) Contribute to the production and diffusion of a schedule, including

informative, intended for the hearing of the respective area of coverage.

Article 13.

Public incentives

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1-Having a view to ensuring the possibility of expression and confrontation of the various

currents of opinion, the State organises a system of incentives for radio activity

of local scope, provided for in law of its own.

2-Autonomous regions and municipalities can establish forms of support for the activity

of local scope radio in the respective territorial areas.

3-A attribution of the incentives and supports provided for in the preceding paragraphs comply, under

penalty of nullity, the principles of advertising, objectivity, non-discrimination

and of proportionality.

4-A grant of support for radio activity by municipalities is subject to approval

by a majority of two-thirds of the members of the respective municipal assemblies.

Article 14.

Technical standards

1-The technical conditions of the exercise of the radio activity and the fees to be paid by the

allocation of rights or by the use of the resources required for transmission are

defined in the terms set out in the applicable communications law

electronic.

2-A legislation referred to in the preceding paragraph sets out the terms in which, where there is a need for

improve the technical quality of coverage of licensed program services, is

possible to request the use of retransmissive stations and the location of the respective

station broadcaster outside the municipalities for which they have license

CHAPTER II

Access to activity

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Article 15.

Requirements of operators

1-A radio activity that consisted in the organisation of generalist programme services

or informative thematics of international, national or regional scope only may be

pursued, pursuant to this Law, by legal persons who have per object

main your exercise.

2-A radio activity that consisted in the organisation of generalist programme services

or informational thematic of local scope only may be pursued, pursuant to the

this law, by legal persons who have the main object the exercise of

media activities.

3-The provisions of the preceding paragraphs shall not apply to the associations or the foundations that

pursue finals of a humanitarian, educational, cultural, scientific or

student, when the respective programme services contribute significantly

to value these activities.

4-A radio activity in kilometric waves (long waves) and decametric (waves

short) can only be exercised by the dealership of the public radio service, without

prejudice to its pursuit by other legally enabled operators to the effect

at the date of the entry into force of this Law.

Article 16.

Restrictions

1-A radio activity may not be exercised or financed, directly or indirectly,

by political parties or associations, trade union organisations, employers or professionals,

professional public associations, save if that activity is exclusively exercised

via the Internet and consist in the organisation of nature programme services

doctrinaire, institutional or scientific.

2-Without prejudice to the provisions of Article 5, radio activity shall not be exercised by the

State, by the Autonomous Regions, by local authorities or their associations,

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directly or through state or regional public companies, companies

municipal, intermunicipal or metropolitan areas, unless that activity is

exclusively exercised through the Internet and consist of the organisation of services of

programs of an institutional or scientific nature.

Article 17.

Modalities of access

1-Access to radio activity is the subject of licensing, by public tender,

or of authorization, depending on the services of programmes to be provided use, or not, the

terrestrial hertzian spectrum intended for broadcasting, in the terms set out in the Framework

National of Frequencies Attribution, safeguarded the rights already acquired by

suitably enabled operators.

2-licences or permits for issuance are individualized according to the

number of program services to be provided by each operator.

3-A radio activity that consisted in the diffusion of programme services through the

Internet does not lack the prior habilitation, being only subject to registration, on the terms

provided for in Article 24.

4-A The diffusion of new program services by the public service dealership is

authorized by dispatch of the member of the Government responsible for the area of communication

social or, when to use terrestrial hertzian spectrum intended for broadcasting in the

terms set out in the National Frequency Attribution Framework, by dispatch

set up of that and the member of the Government responsible for the area of communications.

Article 18.

Planning of frequencies

The planning of the radio spectrum for the exercise of radio activity competes in the

national regulatory authority of communications, listened to the ERC.

Article 19.

Public tender

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1-The public licensing competition for the exercise of radio activity and for the

allocation of the corresponding frequency-use rights is open by

joint office of the members of the Government responsible for the areas of communication

social and communications, which shall contain the respective object and regulation.

2-The regulation identifies the conditions for admission of applications, as well as the

documentation that must accompany them, in such a way as to allow the verification of the

compliance of candidates and projects to legal and regulatory requirements,

particularly:

a) To the requirements of operators and restrictions on the exercise of activity;

b) To the rules on pluralism and non-concentration in the media

social;

c) To the correspondence of the projects to the subject of the contest;

d) To the economic and financial viability of projects;

e) To the coverage obligations and to the respective fastening;

f) To the sufficiency of the human and technical means to be affected;

g) To the attestation of the regularized tax and contributory situation, may

presentation of the respective certificate is waived pursuant to the Decree-Law

n. 114/2007, of April 19.

3-For the purpose of graduation of the applications to tender and by treating services of

generalist radiophonic programs are taken into account the following criteria:

a) The input of each of the projects to qualify the radiophonic offer in the area

which is proposed to cover, affixed in the function of the guarantees of defence of pluralism, of the

non-concentration and independence in the face of political and economic power, of the

highlight granted to information and the safeguarding of rights constitutionally

recognized to journalists;

b) The input of each of the projects for the diversification of the radiophonic offer

in the area that it is proposed to cover, awounded in function of its originality, of valorisation

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of innovation and creativity;

c) The contribution of each of the projects to the diffusion and promotion of culture,

language and Portuguese music;

d) The investment in training and professional qualification;

e) The quality and technical efficiency of the project, awound in function of the index of

proposed coverage, of the speed of implementation and fastening of the network, of its

reliability and the interconnection form of the issuing stations.

4-For the purpose of graduation of the applications to tender and by treating services of

thematic programmes, are taken into account, when applicable, the criteria referred to in the

previous number.

5-In the public tender for the licensing of services of radiophonic programs of

local scope shall not apply, for the purpose of graduation, the criterion laid down in paragraph (e) of the

n. 3.

6-The regulation densifies the graduation criteria of the applications to tender and assigns

each of them a relative weighting.

7-The applications for public tender for services of scope radio programmes

national and regional are evaluated by the regulatory bodies in accordance with

respective competences.

8-Public tender applications for services of local scope radio programmes

are evaluated by the ERC.

9-The regulation sets the value of the surety and the respective release regime second

principles of adequacy and proportionality in the face of compliance with obligations that

aims to safeguard, taking into account typology and the area of coverage of the services of

programs to be licensed.

10-The charging notebook specifies the conditions of the exercise of the activity, and

be available from the date of the publication of the porterie referred to in paragraph 1 to the day and

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opening hour of the corresponding public act, on the terms set out therein.

11-A ERC and the national regulatory authority of communications commences prior and

compulsorily on the subject of the contest, their respective regulation and notebook

charges within 20 working days after receipt.

12-Elapsed the time limit referred to in the preceding paragraph, the draft regulation is

submitted, for a period of 30 days, public appreciation, being for the purpose

published on the electronic sites of responsible government departments.

Article 20.

Public tender on digital platforms

The conditions of licence for the exercise of radio activity through

digital platforms where the same radioelectric signal supports various services of

programs are regulated by specific legislation.

Article 21.

Authorizations

Applications for permission for the exercise of the radio activity are directed to the ERC and

accompanied by the following elements:

a) Social pact or bylaws of the proponent and access code to the certificate

permanent of the competitor or certificate of the updated commercial register;

b) Denomination, typology and description of the service of programmes to be authored;

c) Editorial status;

d) Description of human and technical means to be allocated to the project;

e) Document proving the regularization of the tax situation of the bidder and

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in the face of social security or authorization, in the legally foreseen terms, to

that the ERC should proceed to the consultation of the respective tax and contributory situation.

Article 22.

Instruction of the processes

1-The licensing procedures referred to in Article 19 (7) shall be instructed by the

ERC, which submits them to the national regulatory authority of communications for decision

as to the conditions of admission and graduation of the applications respecting their

competencies.

2-The licensing or permitting processes referred to in Article 19 (8) and the

article 21, they are instructed by the ERC, which requests to appear to the regulatory authority

national of communications as to the technical conditions of the applications.

3-The opinion referred to in the preceding paragraph shall have binding character, and shall be issued in the

period of 15 days.

4-A ERC notifies bidders of any inadequacies detected in the respective

processes, and they should be supplied in the subsequent 15 days.

5-Application processes for license assignment that do not fulfil the conditions

of admission provided for in the opening office of the contest and in the respective regulation

are excluded by the competent regulatory bodies, upon reasoned decision.

6-The admitted processes shall be the subject of an award or non-assignment decision

of the habilitator securities required within 90 days, dealing with the process of

licensing, or 15 days, dealing with authorization.

7-The proceedings relating to the transmission of licences provided for in Article 4 (9) are

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instructed by the ERC, which submits them to the national regulatory authority of the

communications for decision as to the transmission of the respective rights of use

of frequencies, in accordance with the regime applicable to the networks and services of communications

electronic and radiocommunications.

8-The processes referred to in the preceding paragraph shall be the subject of a decision grounded by the

competent regulatory bodies, and should, in the case of the ERC, be the subject of

deliberation in the 45 days following the knowledge of the decision of the regulatory authority

national of communications.

Article 23.

Assignment of licences or permits

1-Compete to the ERC to assign, renew, amend or revoke the licences and authorisations for the

exercise of the radio activity.

2-The decisions for the assignment and non-assignment of licences are expressly

grounded by reference to the fulfillment of the conditions of admission and to each

of the graduation criteria, as well as to the questions raised in an audience of

interested.

3-A The decision to award an authorisation may only be refused by the ERC,

upon reasoned decision, when it is in question:

a) The compliance of the operators and the respective projects to the legal obligations

applicable;

b) The technical reliability of the project presented;

c) The regularization of the tax situation of the bidder and in the face of social security.

4-Decisions for the allocation of licences or permits shall still enunciate the purposes,

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the obligations and conditions to which licensed or authorized operators and the

respective program services link up, being notified to those interested and

made available on the ERC electronic site.

5-The skillful securities relating to the radio activity contain, in particular, the

identification and registered office of the holder, the classification and designation of the respective services of

programs and the area of coverage.

6-The model of the securities referred to in the preceding paragraph shall be approved by the ERC.

7-Compete to the national regulatory authority for communications to assign, renew, amend or

revoke the enabling title that confers the rights of use of the frequencies

radioelectric intended for the provision of the services of radiophonic programs,

pursuant to the terms set out in Law No. 5/2004 of February 10, amended by the Decree-Law

n ° 176/2007 of May 8 by Law No. 35/2008 of July 28 by the Decree-Law No

123/2009, of May 21, and by the Decree-Law No. 258/2009 of September 25, without

prejudice to the licensing regime set out in this Law.

Article 24.

Registration of operators

1-Compete to ERC arrange for a registration of the radio operators and the respective

programme services with a view to the publicising of your property, your organisation,

of its functioning and obligations, as well as the protection of its

designation.

2-A ERC proceeds officiously to the records and aversions that are due to your

activity of licensing and authorization.

3-Radio operators are required to report to the ERC the necessary elements

for registration, as well as to carry out its update, in the defined terms

in the Regulatory Decree No. 8/99 of June 9, as amended by the Regulatory Decree

n. 7/2008 of February 27 and by the Regulatory Decree No. 2/2009 of 27 of

January.

4-A The surveillance of the legal compliance of the elements of the Registry shall comply with the

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procedures provided for in the statutes of the ERC, approved by the Act No. 53/2005, 8 of

November.

Article 25.

Start of emissions

1-Radio operators must initiate emissions from the licensed program services

or authorized within six months from the date of the final award decision of the

corresponding title enabler.

2-In the case of the contest referred to in Article 19 and by dealing with services of

national and regional scope programmes, coverage obligations and their respective

fastening are set out in the regulation of the contest.

Article 26.

Compliance with the licensed or authorized project

1-The radio operator is obliged to comply with the conditions and terms of the

service of licensed or authorized programs.

2-A The modification of the project lacks the express approval of the ERC and can only occur:

a) one year after the assignment of the authorisation or the assignment of the respective service of

programs;

b) Two years after the assignment of the licence or of the assignment of the respective service of

programs, or after the approval of the last modification.

3-The application for the modification shall be substantiated by taking into account, inter alia, the

technological and market developments, as well as the implications for the audience

potential of the program service in question.

4-A ERC decides within 60 days of the date of the application.

5-A modification of the licensed or authorized projects may cover the amendment of the

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respective classification as to the content of the programming.

6-Radio operators with authorized program services may still request the

change of the respective classification as to the area of coverage, in the terms provided for

in the previous numbers.

Article 27.

Term of licences or permits

1-The licences and permits for the exercise of the radio activity are issued by the

term of 15 years and renewables for equal periods.

2-The application for renewal of licences or permits must be submitted with the ERC

between 240 and 180 days prior to the expiry of the respective deadline.

3-A ERC decides on the application for renewal of licences or permits up to 90 days

before the end of the respective term.

4-A renewal of licences and permits is granted when regular compliance

of the legal obligations to which they are subject to the radio operators and the respective

programme services is verified by the ERC, within the scope of its continuous activity of

regulation and supervision.

Article 28.

Extinction and suspension of licences or permits

1-The licences or permits extinguished by the course of the period or by revocation, in the

terms of the law.

2-licences and permits may be suspended in the cases and in the terms provided for in the

article 69 and revoked in accordance with that provided for in Article 70.

3-A The revocation and suspension of licences or permits are the competence of the ERC.

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CHAPTER III

Programming

SECTION I

Freedom of programming and information

Article 29.

Autonomy of operators

1-A The freedom of expression of thought through radio activity integrates the right

fundamental of citizens to free and pluralistic information, essential to democracy and

to the social and economic development of the Country.

2-Unless the cases provided for in this Law, the exercise of the radio activity is based on the

freedom of programming, and may not the Public Administration or any organ of

sovereignty, with the exception of the courts, to prevent, condition or enforce the diffusion of

any programs.

Article 30.

Limits to freedom of programming

1-A radiophonic programming shall respect the dignity of the human person and the rights,

freedoms and fundamental guarantees.

2-The services of radiophonic programs cannot, through the elements of

programming that broadcasts, incites to racial, religious, political or generated hatred of colour,

ethnic or national origin, sex or sexual orientation.

3-It is vented to radio operators the ceding, to any title, of spaces of

political propaganda, without prejudice to the provisions of this Law in respect of law of

antenna.

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Article 31.

Right to information

1-Access to places open to the public for the purposes of journalistic coverage is governed by the

provisions of the Statute of the Journalist, approved by Law No 1/99 of January 13,

amended by Law No. 64/2007 of November 6.

2-A The informative coverage of any events through the radio activity is subject

to the applicable legal standards on copyright and related rights, including the

relating to the free use of the protected works or benefits.

3-Rights holders arising from the organization of spectacles or other events

public cannot oppose the radiophonic transmission of brief extracts that if

intended to inform you about the essential content of the events in question.

4-The exercise of the right to information on sporting events, inter alia

through your reporting or radiophonic commentary, it cannot be limited or conditioned

by the requirement of any financial counterparts, save for those that are only intended for

bear the costs resulting from the provision of technical or human means

specifically requested for the purpose by the operator.

5-The provisions of the preceding paragraph shall apply to extra-Community operators, provided that

equal treatment is conferred on national operators by the legislation or authorities to

that those are subject, in sporting events of a similar nature.

6-The conflicts resulting from the application of the provisions of paragraphs 3 and 4 are to be addressed, with

character of urgency, by the ERC, having its binding nature decision.

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SECTION II

Obligations of operators

Article 32.

General obligations of radio operators

1-All radio operators must ensure, in their programming, in particular

through practices of self-regulation, the observance of an antenna ethic that ensures

respect for the dignity of the human person, for fundamental and too much rights

constitutional values, in particular the development of the personality of children and

teenagers.

2-Constituent, inter alia, general obligations of the radio operators in each of the

your program services:

a) Ensure the diffusion of a diverse schedule, which includes spaces

regular information;

b) Ensure independent programming and information in the face of power

political and economic power;

c) Ensure respect for pluralism, thoroughness and exemption of information;

d) Ensure the exercise of the rights of reply and rectification, in the terms

constitutional and legally foreseen;

e) Ensure the exercise of the right of antenna in electoral periods, in the terms

constitutional and legally foreseen;

f) Ensuring the diffusion of programs that promote culture, language and music

Portuguese;

g) Ensure the identification in antenna of the respective programme services.

3-Constitui still obligation of the services of generalist or thematic programmes-

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local scope informations the spread of programming, including informative, with

relevance to the hearing of the corresponding area of coverage, particularly in the

social, economic, scientific and cultural plans.

4-A application of points a) , c) and e) of paragraph 2 to the services of thematic programmes shall have

into account your specific programming model.

Article 33.

Responsibility and editorial autonomy

1-Each program service must have a responsible for the guidance and supervision of the

content of emissions.

2-Each program service that includes informational programming must have a

responsible for the information.

3-A The designation and the dismissation of the responsible for the informative content of the emissions is from the

competence of the radio operator, listened to the drafting board.

4-A The prior hearing of the drafting board is waived in the appointment of the first

responsible for the informative content of the emissions from each program service and

in the services of programs of a doctrinal or confessional nature.

5-Steering or managerial positions in the area of information are exercised with autonomy

editorial, being vetted to the radio operator interfering in the production of the contents of

informative nature, as well as in the form of its presentation.

6-Except for the provisions of the preceding paragraph the guidelines aiming at the strict

acatament of legal prescriptions whose default originates criminal liability or

counterordinance on the part of the radio operator.

Article 34.

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Editorial status

1-Each program service shall adopt an editorial statute that clearly defines the

your guidance and objectives and include the commitment to respect the rights of the listeners,

the professional ethics and, in the applicable cases, the deontological principles of journalism.

2-The editorial status is drawn up by the responsible persons referred to in the previous article,

heard, where applicable, the drafting board and subject to acceptance of the entity

owner, and shall be remitted, in the 60 days subsequent to the start of the emissions, to the

ERC.

3-The amendments made to the editorial statute follow the terms of the provisions of the

previous number.

4-In the case of programme services that have already started their emissions without having yet

referred to the ERC its editorial status, the time limit referred to in paragraph 2, counts from the

date of entry into force of this Law.

5-The editorial status of the services of radiophonic programs should be made available in

support appropriate to your knowledge by the public, in particular on the respective sites

electronic.

Article 35.

News services

Radio operators who provide services of generalist programs should produce,

and in them broadcast, on a daily basis, at least three news services.

Article 36.

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Professional qualification

1-The functions of managerial, coordination or drafting, as well as news services,

are either compulsorily assured by journalists or by equating journalists.

2-In the services of local scope programmes, the drafting functions and services

news can also be ensured by collaborators of the informative area

duly accredited pursuant to the Statute of the Journalist, approved by the Law

n 1/99 of January 13, amended by Law No. 64/2007 of November 6 and of the

Decree-Law No. 70/2008 of April 15, provided that the work by you produced does not

exceed half of the daily issue time dedicated to the information.

Article 37.

Own programming

1-The services of radiophonic programs work with own programming, except

in cases especially provided for in this Law.

2-Programs services shall state their denomination and the frequency of issuance

at least once in every hour and whenever they restart a segment of

own programming.

Article 38.

Number of hours of issue

Program services issued by terrestrial hertziana must work 24 hours

per day.

Article 39.

Recording and recording of emissions

1-The emissions shall be recorded and kept for the minimum period of 30 days, if

another longer is not determined by law or by court decision.

2-Radio operators must send to the representative entities of the authors, when

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by these requested with due advance, the monthly list of the works disseminated in the

respective programme services, indicating, in particular, the title of the work, the

interpretation and the date of issue.

Article 40.

Advertising and sponsorship

1-A radiophonic advertising is governed by the provisions of the Publicity Code, with the

specialities provided for in the following numbers.

2-A The insertion of advertising may not affect the integrity of the programmes, and shall have

into account their own pauses, duration and nature.

3-A The diffusion of advertising materials shall not occupy, on a daily basis, more than 20% of the

total time of the issuance of the licensed program services.

4-Sponsored programming spaces must include, necessarily at their beginning,

the express mention of that fact.

5-The content and programming of a sponsored issue may not, in any case,

be influenced by the sponsor, in such a way as to affect responsibility and

editorial independence of the radio operator or the respective directors.

6-The contents of the sponsored programmes may not incite the purchase or leasing of the

goods or services of the sponsor or third parties, especially through references

promotional specific to such goods or services.

7-The news services and political information programs cannot be

sponsored.

SECTION III

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Portuguese Music

Article 41.

Diffusion of Portuguese music

1-A music programming of the services of radiophonic programmes is compulsorily

filled, in minimum quota of 25%, with Portuguese music.

2-For the purposes of this article, Portuguese music the compositions consider

musicals:

a) Who veer the Portuguese language or reflect the Portuguese cultural heritage,

inspiring, inter alia, in their traditions, environments or sonorities

characteristics, whatever the nationality of its authors or interpreters; or

b) That, not vehicular to the Portuguese language for reasons associated with the nature of the

musical genres practiced, represent a contribution to culture

Portuguese.

Article 42.

Diffusion quotas in the s public ervif

The Portuguese music quotas in the public radio service are set in the respective

concession contract, not owing the percentage of diffusion in its first service of

programs to be less than 60% of the entirety of the music in it broadcast.

Article 43.

Music in Portuguese language

The Portuguese share of music fixed in accordance with Article 41 (1) shall be

filled, at the very least, with 60% of music composed or interpreted in language

Portuguese by citizens of the member states of the European Union.

Article 44.

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Exceptions

1-The scheme set out in this section shall not apply to programme services

musical thematics whose specific programming model is based on the diffusion of

insufficiently produced musical genres in Portugal.

2-A The determination of the programme services covered by the previous number competes

ERC, which makes public the following criteria for the purposes of the respective qualification.

Article 45.

Calculation of percentages

1-For the purpose of surveillance, the calculation of the percentages provided for in this section is

carried out on a monthly basis and is based on the number of the compositions disseminated by

each program service in the previous month.

2-The percentages referred to in this section shall also be respected in the

programming issued between the seven and 20 pm.

CHAPTER IV

Public service

Article 46.

Principles

1-A The structure and operation of the public radio service operator shall

safeguard its independence before the Government, the Public Administration and the

too much public powers, as well as ensuring the possibility of expression and confrontation

of the various currents of opinion.

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2-The public radio service guarantees the observance of the principles of universality and the

national cohesion, diversification, quality and indivisibility of programming, of the

pluralism and the rigour, exemption and independence of information, as well as of the principle

of innovation.

Article 47.

Specific obligations of the dealership of the public radio service

1-A dealership of the public radio service shall, in accordance with the principles

set out in the previous article, present a reference schedule that promotes

the training and cultural and civic valorisation of the viewers, ensuring the access of

all to information, education and quality entertainment.

2-The dealership is incumbent, specifically:

a) Provide a varied and comprehensive schedule, targeted and accessible to the whole

population, which promotes cultural diversity and takes into account interests

of minorities;

b) To promote and publicize national artistic creation and knowledge of heritage

Portuguese historical and cultural, ensuring public access to the demonstrations

national cultural and their appropriate informative coverage;

c) Provide a free, rigorous, plural and contextualized information, which

guarantee the news coverage of major national events and

international;

d) Ensure the production and transmission of educational and entertainment programmes

intended for the young and child public, contributing to their training;

e) Ensure the transmission of programmes of cultural, educational and

informative for specific audiences, including the ones that make up the various

immigrant communities in Portugal;

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f) Participate in activities of education for the media,

guaranteeing, inter alia, the transmission of targeted programmes for that

objective;

g) Promoting the issuance of Portuguese music, from diversified genres, attentive to

mission of its programme services;

h) Issue regular vocationalized programs for the diffusion of language and culture

Portuguese, intended especially for the Portuguese residents outside

Portugal and the nationals of other Portuguese-speaking countries;

i) Ensure the exercise of antenna, response and political rebuttal rights, in the

constitutional and legally foreseen terms;

j) Ensure the issuance of the messages the diffusion of which is requested by the President

of the Republic, by the President of the Assembly of the Republic or by the First-

Minister and, in regional emissions especially aimed at Regions

Autonomous of the Azores and Madeira, by the presidents of the respective

legislative assemblies and regional governments;

l) Giving up time of issue to the Public Administration with a view to the disclosure of

information of general interest, particularly in health matters, of

civil and public safety protection;

m) Maintain and update the sound archives;

n) Ensuring maintenance, updating and making available to the public, according

with the principles and the applicable museological standards, of a collection

representative of the evolution of the radiophonic medium, in the terms of the contract of

concession;

o) Developing cooperation with radio operators from the countries of language

portuguese;

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p) Maintain cooperative and exchange relations with organizations

international and foreign entities connected to the radio activity.

Article 48.

Grant of the public radio service

1-The public radio service is pursued through the means of diffusion and technologies

how best to ensure the full coverage of the territory and the satisfaction of the needs

informative, formative, cultural and lucid citizens of citizens.

2-A The granting of the public radio service is awarded for periods of 15 years, in the

terms of contract to be concluded between the State and the dealership.

3-The concession contract establishes, in accordance with the provisions of this Chapter, the

rights and obligations of each party, and shall define the objectives to be achieved and

the qualitative and quantitative criteria that ensure their achievement, as well as the

respective forms of evaluation.

4-The concession contract defines the services of programs and supplementary means

necessary for the pursuit of public service, as well as the respective mission,

ensuring innovative and quality programming, which takes into account the large

public and its various segments, among which the young public, and especially

attentive to information, culture, erudite music and knowledge.

5-The concession contract also sets out the restrictions on advertising

commercial applicable to the public radio service.

6-International emissions are aimed at, taking into account the interests

nationals relating to the connection to the Portuguese communities scattered around the world or

to cooperation with Portuguese-speaking countries, affirmation, valorisation and defence

of the Portuguese language and the image of Portugal in the world.

7-Regional emissions especially aimed at the Autonomous Regions of the

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Azores and Madeira must meet their respective social and cultural realities and

value regional production.

8-The concession contract is the subject of the ERC's opinion, in the terms provided for in the

respective statutes, approved by Law No 53/2005 of November 8.

9-The concession contract shall be reviewed at the end of each four-year period, without

injury damage to the changes that in the meantime occur.

10-The review process referred to in the preceding paragraph shall consider the evaluation of the

compliance with the public service and contemplate a public consultation on the

targets and benchmarks for the following quadriennium.

Article 49.

Financing and control of implementation

1-The State secures the funding of the public radio service and zela for its proper

application, pursuant to Law No. 30/2003 of August 22, amended by the Decree-Law n.

169-A/2005, of October 3, and by the Decree-Law No. 230/2007 of June 14, which

approves the funding model of the public radio and television service.

2-Public funding must comply with the principles of proportionality and

transparency.

3-The concession contract shall provide for a control system that checks the

compliance with public service missions and transparency and proportionality

of the associated financial flows.

4-A dealership of the public radio service is the subject of annual audit to be promoted

by ERC, which verifies the good execution of the concession contract.

CHAPTER V

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Antenna rights, of political replica, of response and rectification

SECTION I

Common provision

Article 50.

Count of issue times

Radio operators ensure the counting of the antenna times, of political replica and

of response or rectification for the purposes of this Chapter, giving knowledge of the

respective results to those interested.

SECTION II

Right of antenna

Article 51.

Access to the right of antenna

1-To political parties, trade union organisations, professionals and representative of the

economic activities, as well as environmental and environmental advocacy associations.

consumer, and, still, to non-governmental organizations that promote equality

of opportunities and non-discrimination is guaranteed the right to time of antenna in the

public radio service.

2-By-time antenna is understood the programming space of the responsibility of the holder

of the right, which must be expressly mentioned at the beginning and in the end of each

program.

3-The entities referred to in paragraph 1 are entitled, free of charge and annually, to the following times

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of antenna:

a) Ten minutes per party represented in the Assembly of the Republic, or in the

Legislative Assemblies of the Autonomous Regions, increased from fifteen seconds

by each elected Member;

b) Five minutes per party not represented in the Assembly of the Republic, or in the

Legislative Assemblies of the Autonomous Regions, with participation in the most

recent legislative elections, plus fifteen seconds for every 15000 votes

in them obtained;

c) Sixty minutes, by category, for trade union organisations, professionals and

representative of the economic activities and sixty minutes for the remaining

entities indicated in paragraph 1, to mice in accordance with their representativeness;

d) Ten minutes by other entities that have right of antenna assigned by law.

4-In the case of Autonomous Regions, the right of antenna referred to in the preceding paragraph is

exercised by the parties that have lodged suffrage in the elections to the Assemblies

Regional Legislation in the services of programs specially targeted for the respective

Region.

5-Each holder shall not use the right of antenna more than once in every 15 days, nor

in emissions lasting more than five or less than two minutes, save if your

antenna time for globally lower.

6-Those responsible for programming must organize, with the collaboration of the holders of the

right of antenna and in accordance with this Law, general plans of the respective use.

7-In the insansible impossibility of agreement on the plans referred to in the preceding paragraph and

the application of the interested parties, it is up to the arbitration to the ERC.

Article 52.

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Limitation to the right of antenna

1-The exercise of the right of antenna cannot occur on Saturdays, Sundays and holidays

officers, owing yet to be suspended one month before the date set for the start of the

period of campaigning in any electoral or referendum act, pursuant to the

respective legislation.

2-The right of antenna is untransmittable.

Article 53.

Issuance and reservation of the right of antenna

1-The antenna times are issued in the service of nationwide programs of

larger audience between 10 and 20 pm.

2-The right holders of antenna law must request the reservation of the antenna time to which

have right up to five working days prior to transmission, and the respective recording shall be

be carried out or the pre-recorded materials delivered up to 48 hours prior to the issuance of the

program.

3-The right holders of antenna law are assured the indispensable technical means for

the realization of the respective programmes under conditions of absolute equality.

Article 54.

Expiry of the right of antenna

Failure to meet the deadlines set out in the preceding Article shall determine the expiry of the

right, unless it has occurred in fact not attributable to its holder, in which case the time

not used can be accumulated to that of the scheduled use subsequent to the cessation of the

impediment.

Article 55.

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Right of antenna in electoral period

In the electoral periods, the use of the right of antenna is regulated by the electoral law.

SECTION III

Political replica law

Article 56.

Right of political rebuttal of the opposition parties

1-The parties represented in the Assembly of the Republic are not part of the Government

have a right of replica, in the public radio service and in the same programme service, to

political statements handed down by the Government that directly reach them.

2-A duration and relief granted for the exercise of the right referred to in the preceding paragraph

will be equal to those of the statements given to them.

3-When more than one party has requested, through the respective representative, the

exercise of the right, the time is prorated in equal parts by the various holders, never

may be less than one minute by each intervener.

4-To the right of political rebuttal are applicable, with due adaptations, the

procedures provided for in this Act for the exercise of the right of reply.

5-For the purposes of this article, they only consider statements of general policy or

sector made by the Government in its name and as such identifiable, not reliant,

notably, the statements of members of the Government on matters concerning the

management of the respective departments.

6-The provisions of the preceding paragraphs are correspondingly applicable, in the framework of

services of programmes especially aimed at Autonomous Regions, to the right of

political rebuttal of the parties represented in the Regional Legislative Assemblies that

are not part of the respective Regional Governments.

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SECTION IV

Rights of response and rectification

Article 57.

Assumptions of the rights of reply and rectification

1-Have a right of response in the services of radiophonic programs any person

singular or collective, organization, service or public body that in them has been

object of references, albeit indirect, that may affect its reputation or

good-name.

2-The entities referred to in the preceding paragraph have a right of rectification on the radio always

that there have been any inveridic or erroneous references therein to them.

3-Should the program where the alluded references in the previous figures have been

diffused in a chain issue, the rights of reply or rectification may be

exercised with the entity responsible for that issue or any operator that the

has perfunct.

4-The right of reply and that of rectification shall be prejudiced if, with the concordance

express from the person concerned, the responsible for the respective program office has

corrected or clarified the text in question, or has provided it with another means of exposing

effectively your position.

5-The right of reply and that of rectification are independent of criminal procedure to

that there is a place, as well as the right to compensation for the damage caused.

Article 58.

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Right to the hearing of the issue

1-The holder of the right of reply or rectification, or who legitimately represents the represent

in accordance with paragraph 1 of the following article, it may require, for the purpose of its exercise, the

hearing of the record of the issue and its copy, upon payment of the cost of the support

used, which must be provided to you within the maximum period of 24 or 48 hours,

depending on whether the application is made or not on a business day.

2-The hearing request suspending the deadline for the exercise of the right, which goes back to running 24

hours after the time at which you have been given the registration of the issue.

Article 59.

Exercise of the rights of reply and rectification

1-The exercise of the right of reply or rectification shall be required by the

holder, by their legal representative or by the heirs in the 20 days following the issuance.

2-The deadline of the preceding paragraph suspending itself when, by reason of force majeany, the

people in it are barred from making it worth the right whose exercise is

in cause.

3-The text of the response or rectification shall be delivered to those responsible for the issuance,

with signature and identification of the author, through procedure that proves his

reception, expressly invoking the right of reply or rectification or the

competent legal provisions.

4-The content of the response or rectification is limited by the direct and useful relationship with the

references that have provoked them, and may not exceed 300 words, or the number

of words from the intervention that gave rise to it, if it is superior.

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5-A reply or rectification may not contain expressions disproportionately

disexquisite or that involve criminal or civil liability, in which only the author of the

response or rectification incurs.

Article 60.

Decision on the transmission of the reply or rectification

1-When the answer or rectification is untimely, provies from person without

legitimacy, are manifestly lacking in grounds or contrary to the provisions of the

n. paragraphs 4 and 5 of the preceding article, the responsible for the service of programmes concerned may

refuse its issuance by informing the person concerned, in writing, about the refusal and its

reasons, in the 24 hours following the receipt of the response or rectification.

2-In case the answer or rectification violates the provisions of paragraphs 4 or 5 of the preceding Article, the

responsible invites the person concerned, within the time specified in the preceding paragraph, to proceed to the

elimination, in the following 48 hours, of the passages or expressions in question, without the

is entitled to refuse the diffusion of the entirety of the text.

3-In the event that the right of reply or rectification law has not been satisfied or have

have been unfounded, the person concerned may appeal to the judicial court of his

Domicile, within 10 days of the refusal or expiry of the statutory deadline, for the

law satisfaction, or the ERC, pursuant to the specifically applicable legislation.

4-Redear the judicial notification of the programming officer who has not given

satisfaction with the right of reply or rectification, is the one immediately notified

by post to contest within two working days, after which it will be handed down in

equal time the decision, of which it is up to appeal with merely devolutive effect.

5-It is only admitted documentary proof, being all documents together with the

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initial application and with the contestation.

6-In the case of the provenance of the application, the programme service issues the answer or the

rectification within the time limit set out in paragraph 1 of the following article, accompanied by the mention of

which is carried out by judicial decision or the ERC.

Article 61.

Transmission of the response or rectification

1-A The transmission of the reply or rectification is made up to 24 hours after receipt of the

respective text by the responsible for the service of programmes concerned, save the willing

in paragraphs 1 and 2 of the previous article.

2-A reply or rectification are transmitted free of charge in the same programme or,

case not possible, in time of equivalent issuance.

3-A The answer or rectification must be transmitted as many times as the emissions of the

reference that motivated them.

4-A reply or rectification are read by an announcer from the programme service at

molds that ensure your easy perception and may include other audio components

where the reference that motivates them has used similar technique.

5-A The transmission of the reply or rectification may not be preceded or followed by

any comments, other than those necessary to point out any inaccuracy or

de facto error, which may originate new response or rectification, in the terms of the

n. paragraphs 1 and 2 of Article 57.

CHAPTER VI

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Sanctionatory standards

SECTION I

Forms of responsibility

Article 62.

Civil liability

1-In the determination of the forms of effectivation of the emerging civil liability of

facts committed through the radio activity observes the general regime.

2-Radio operators respond in solidarity with those responsible for the

transmission of previously recorded materials, with the exception of those transmitted to the

shelter from antenna rights, political replica, response and rectification or in the

course of interviews or of debates starring by unbound persons

contractually to the operator.

Article 63.

Criminal responsibility

1-Acts or the injurious conduct of legal goods-penally protected,

perpetrated by means of the radio, are punished under the criminal law and the provisions of the

present law.

2-The responsible persons referred to in Article 33 only respond criminally when not

object, and may do so, to the commission of the crimes referred to in paragraph 1, through the

appropriate actions to avoid them, in which case the comined penalties are applicable in the

corresponding legal types, reduced by a third in their limits.

3-Dealing with correctly reproduced statements or opinion interventions,

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provided by properly identified persons, only these can be held accountable,

except where their content constitutes incitement to racial, religious, political or political hatred

generated by color, ethnic or national origin, sex or sexual orientation, or the

practice of a crime, and its transmission cannot be justified by criteria

journalistic.

4-In the case of non-consenting emissions, it responds who has determined the respective

transmission.

5-The technicians at the service of the radio operators are not responsible for the emissions to

that they will make their professional contribution, if they are not due to the conscience of the

criminal character of his act.

Article 64.

Illegal radio activity

1-Who to exercise the radio activity without the corresponding habilitation is punished with

prison sentence up to three years or with penalty of fine up to 320 days.

2-Are declared lost in favour of the State the goods used in the illegal exercise of the

radio activity, without prejudice to the rights of third parties in good faith.

3-The provisions of paragraph 1 shall be particularly applicable in the event of:

a) Exercise of the activity by amusing entity of the one licensed or authorised;

b) Failure to comply with the decision to revoke the licence.

Article 65.

Qualified disobedience

The responsible for programming, or who replaces it, incurates the crime of disobedience

qualified when:

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a) Failing to abide by the court's decision to order the transmission of the response or the

rectification, under the provisions of Article 60 (6);

b) Do not promote the diffusion of judicial decisions in the exact terms referred to in

article 80;

c) Failing to comply with the ERC's deliberations relating to the exercise of the rights of

antenna, of political replica, response or rectification.

Article 66.

Attack on freedom of programming and information

1-Who to prevent or disturb the issuance of services of radiophonic programmes or

seize or damage materials necessary for the exercise of the radio activity, outside the

cases provided for in the law and with the aim of at-at-ing against freedom of programming or

of information, is punished with imprisonment for up to two years or with penalty of a fine of up to

240 days, if the most serious penalty does not fit him under the criminal law.

2-A The application of the penalty provided for in the preceding paragraph shall be without prejudice to the effect of the

civil liability for the damage caused to the radio operator.

3-If the offender is an agent or employee of the State or of public legal person and, in the

exercise of their duties, practise the facts described in paragraph 1, is punished with a penalty of

imprisonment up to three years or with penalty of fine up to 320 days, if the most serious penalty is not

couber under the terms of the criminal law.

Article 67.

Counter-ordering

1-Constitui counterordinance, punishable with fine:

a) From 1250 a to € 12500, the failure to comply with the provisions of Article 9 (4) thereof.

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n Article 24 (3), in para. g) of Article 32 (2), in Article 80 (1), the

non-compliance with the provisions of the first part of Article 52 (1), as well as

non-compliance with the time limit and the omission of the mention referred to in paragraph 6 of the article

60.

b) From 3000 a to € 30000, the failure to comply with the provisions of Article 41 (1),

articles 42 and 43 and in Article 45 (2);

c) From 3750 a to € 25000, the failure to comply with the provisions of Article 7 (2) and (3),

n Article 33 (2) and 4, Article 34 (2), Articles 38 and 4

39, in Article 40 (2 a) (5), Article 51 (5), Article 53 (1),

in paragraphs 1 a to 3 of Article 56, in Article 61, the exercise of radio activity

prior to the payment of the fees referred to in Article 14 (1), as well as the

violations of the provisions of the second part of paragraph 1 and paragraph 2 of Article 52 and of the

deadline set out in Article 58 (1);

d) From 10000 a to € 100000, the failure to comply with the provisions of Article 3, in para.

6 of Article 4, in Articles 10 and 11, in Article 13 (4), in Articles 15,

16 and 25, in Article 26 (1) and (26), paragraphs 2 and 3 of Article 30, paragraph 1 of the

article 31, in Articles 35 and 36, in Article 37 (1), Article 74 (3) thereof,

the assignment of service of programs that does not comply with the established requirements

in Article 4 (9) and (10) denigration of the right provided for in Article 1 of the article

58., as well as permission, by the holder of the licence or permit, of the

operation of the service of programmes by third parties.

2-Addressing local coverage programme services, the minimum and maximum limits

of the fines provided for in the preceding paragraph are reduced to one third.

3-A negligence is punishable, by being reduced to half the minimum and maximum limits of the

fines provided for in the previous figures.

Article 68.

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Ancillary sanctions

1-The counter-ordinations provided for in points b) and d) from n. 1 previous article may give

place, attentive to the seriousness of the illicit and the fault of the agent, to the ancillary sanction of suspension

of the license or authorization of the service of programs in which the offence was committed by

period not exceeding 30 days.

2-A failure to comply with the provisions of Article 30 (2) and (3) punished under the terms of the d)

of the preceding paragraph 1 article, may give way, attentive to the seriousness of the illicit and the fault of the agent,

to the ancillary sanction of suspension of emissions from the service of programs in which to

has verified the practice of the offence for a period not exceeding 30 days, except when

handle advertising emissions, to which the ancillary sanctions apply and the measures

caucuses provided for in the Publicity Code.

3-A failure to comply with the provisions of Article 30 (2) and (3) when committed in the financial year

of the right of antenna, and in Article 52 (2), punished under the terms of the ( c) of paragraph 1 of the

previous article, can give way, attentive to the seriousness of the illicit and the fault of the agent, to the sanction

suspension accessory of the exercise of the same right for periods of 3 a to 12 months,

with a minimum of 6 months in the event of a recurrence, without prejudice to other sanctions

provided for in the law.

4-A The application of fine by the violation of the provisions of Articles 10 and 11, in paragraphs 1 and 2 of the

article 26, in paragraphs 2 and 3 of Article 30 and in Articles 35 to 37 may still give way to the

sanction ancillary sanction of damning decision, in the terms set by the

competent entity.

5-A counterordinance practice provided for in point (s) d) of paragraph 1 of the previous article through

service of programmes which has been the subject of the application of two suspension measures

of the licence or permit in the three years prior to the practice of the illicit act gives way to the

revocation of the license or authorization.

6-The contentious appeal of the application of accessory sanctions has suspensive effect until the

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traffic on trial of the respective decision.

Article 69.

Special attenuation and dispensation of suspension and cofine

1-Should you check the circumstances of which the general law does depend on mitigation

special of the penalty:

a) Dealing with counterordinance provided for in points a) a c) of Article 67 (1),

complies with the provisions of Article 18 (3) of the General Regime of the Unlawful Age

Social Oration;

b) Dealing with counterordinance provided for in point (s) d) of Article 67 (1), the

limits of the fine are reduced by one third, and may not be enacted to

suspension of the license or authorization of the program service.

2-Dealing with counterordinance provided for in the paragraph a) of Article 67 (1), may the

agent being relieved of the fine when they check the circumstances of which the

Penal code makes the dispensation dependent on the penalty.

Article 70.

Responsible

By the counter-ordinations provided for in Article 67 responds the radio operator in whose

service of programmes has been committed to the offence, except as to the violation of paragraph 2

of Article 52, by which he answers the holder of the right of antenna.

Article 71.

Revocation of licences or permits

1-A The revocation of the licences or authorizations granted is determined by the ERC when

check yourself:

a) The non-commencement of licensed programme services within the period set out in paragraph 1 of the

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article 25 or the absence of emissions for a period of more than two months,

unless duly substantiated authorization, fortuitous or force majeany;

b) The operation of the programme service by diverse entity of the rightful holder of the

license or authorization;

c) The insolvency of the radio operator.

2-A The revocation of licences or permits may still be determined by the ERC with

the third conviction of the radio operator in the framework of a same service of

programmes, in a time period of not more than three years, by the practice of against-

ordinance provided for in the paragraph d) of Article 67 (1).

Article 72.

Suspension of execution

1-Can be suspended the execution of the suspension of the permit or the authorization of the service of

programs for a period of three months to one year, when the operator has not been

sanctioned by counter-ordinance there is at least one year and the ERC can

reasonably expect that with the suspension to achieve the purpose of suspension of the

license or authorization.

2-A suspension of execution may be conditional on the provision of collateral of good conduct,

to be fixed between € 1000 and € 15000, taking into account the duration of the suspension and the scope of

coverage of the service of programs concerned.

3-A The suspension of the execution is always revoked if, during the respective period, the

infringer commit counter-ordinance provided for in point (s) d) of Article 67 (1).

4-A Repeal determines the fulfillment of the suspension the execution of which was suspended and the

break from the surety.

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Article 73.

Process abbreviated

1-In the case of infringement of the provisions of Rule 40 (3) and in any other case in

that the ERC dispend of recording or other automated recording of the facts that

constitute the offence, as soon as it acquired the news of the offence, the operator is

notified:

a) Of the constitutive facts of the offence;

b) Of the breached legal standards;

c) Of the applicable sanctions;

d) Of the time frame granted for submission of the defence.

2-The defendants may, within 10 days of the notification, submit their defence,

in writing, with the indication of means of proof that it understands should be produced.

Article 74.

Surveillance

1-A The monitoring of compliance with the provisions of this Act rests with the ERC.

2-A supervision of the premises of the broadcasters and retransmisses, of the conditions

emissions and protection techniques for radioelectric reception of the same competes in the

national regulatory authority of communications, in the framework of regulation

applicable.

3-Radio operators shall provide the access of the supervising agents to all the

facilities, equipment, documents and other elements necessary for the exercise of the

your activity.

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Article 75.

Competence and sanctionatory procedures

1-Compete to the ERC the instruction of the counterordinance processes provided for in this Law

and to its President the application of the corresponding fines and ancillary sanctions.

2-The counterordinance processes are governed by the provisions of the General Regime of the Illegal

of Mere Social Ordinance and, secondarily, by the provisions of the Code of Procedure

Penal, with the exception of the special standards provided for in this Law.

Article 76.

Product of the fines

The revenue of the fines reverses in:

a) 60% for the State;

b) 40% for the ERC.

SECTION II

Special process provisions

Article 77.

Form of the process

The procedure for criminal offences committed through the activity of radio is governed by

by the provisions of the Code of Criminal Procedure and supplementary legislation, with the

specialties arising from this Law.

Article 78.

Territorial competence

1-To know about the crimes provided for in this Law shall be competent the court of the comarch

of the place where the radio operator has its seat or permanent representation.

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2-Except for the provisions of the preceding paragraph the crimes committed against the good

name and reputation, the reservation of private life or other assets of the personality, whose

appreciation is of the jurisdiction of the court of the comarch of the domicile of the offending.

3-In the case of radiophonic transmissions by unauthorized entity under the law, and

not being known the defining element of the competence under the terms of paragraph 1, is

competent the Judicial Court of the Comarch of Lisbon.

Article 79.

Regime of proof

1-For proof of the assumptions of the exercise of the rights of reply or rectification, and

without prejudice to other means admitted by law, the person concerned may apply, on the terms

of Article 528 of the Code of Civil Procedure, which the radio operator is notified

to present, within the period of the dispute, the recordings of the issue concerned.

2-In addition to the one referred to in the preceding paragraph, only documentary evidence is admitted that comes together

with the initial application or with the contestation.

Article 80.

Diffusion of decisions

1-A application by the Public Prosecutor's Office or the offending, and upon a court decision that

fixed the deadlines and time for the effect, the adjudicatory part of the sentencing sentences

carried forward on trial for crimes committed through the radio activity, as well as

the identity of the parties, are disseminated in the service of programmes where the

illicit.

2-The accused in the process-crime reported through the radio and subsequently acquitted

per sentence carried forward on trial, may apply to the court that the content of that sentence

is also reported by the radio operator on the same programme service and in

time, space and with equivalent radiophonic prominence.

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3-A The diffusion of the deciding part of the sentences to which the preceding paragraphs are referred shall

carry out in such a way as to safeguard the rights of third parties.

CHAPTER VII

Conservation of radiophonic heritage

Article 81.

Records of public interest

1-National and regional radio operators must organize archives

sound and musicals with the purpose of conservation of public interest records.

2-A ceding and use of the records referred to in the preceding paragraph shall be defined by

joint office of the members of the Government responsible for culture and the

social communication, taking into attention its historical, educational and cultural value to

the community, and the responsibility for the copyright to the entity

submitter.

CHAPTER VIII

Supplementary, final and transitional provisions

Article 82.

Exercise of activity through the Internet

To the exercise of radio activity exclusively through the Internet only are

applicable, directly or with the necessary adaptations, Articles 2 and 16, paragraph 4 of the

article 17, Articles 24, 29 to 34, 39, 50, 57, 57, 65 to 70, and 72 to 79 and 72 to 79.

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Article 83.

Terrestrial digital radio

The licences held by the analogue radio operators constitute qualification quite a

for the exercise of the respective activity by means of terrestrial digital hertziana, pursuant to

define in specific legislation.

Article 84.

Regularization of securities

1-The exercise of local-scope radio activity by entities to whom it has been

assigned that right by express administrative act and without public contest shall be governed by

by the provisions of this Law, counting the maturity of the respective securities from the

date of the respective entry into force.

2-A The use of frequencies assigned by express administrative act and no contest

public for services of local-scope radiophonic programs is subject to the scheme

of Law No. 5/2004 of February 10, as amended by Decree-Law No. 176/2007, of 8 of

May, by Law No. 35/2008, of July 28, by the Decree-Law No. 123/2009, 21 of

May, and by the Decree-Law No. 258/2009 of September 25, counting the deadline of the

respective titles as of the date of the entry into force of this Law.

3-The term of duration of the licences or permits provided for in Article 27 (1) is

applicable to authorized securities awarded or renewed after January 1 of

2008, owing to the ERC to officiously promote the averbings to which there is place,

applying, as to the remaining, the time limit that has already been determined by act

legislative or the legally beholdant at the date of its assignment or renewal.

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Article 85.

Transient standard

The provisions of Article 4 (4) and (5) and Article 16 (2) shall not apply to situations

validly constituted at the date of the entry into force of this Law.

Article 86.

Abrogation standard

It is repealed Law No. 4/2001 of February 23, amended by Law No. 33/2003, of 22 of

August, and by Law No. 7/2006, of March 3.

Seen and approved in Council of Ministers of June 8, 2010

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs