Amends The Electronic Communications Law, Which Establishes The Legal Regime Applicable To Networks And Related Services And Defines The Powers Of The National Regulatory Authority In This Area Transposing Directives Nos, 2002/19/ec, 2002/20/ec, 2002/2...

Original Language Title: Altera a Lei das Comunicações Electrónicas, que estabelece o regime jurídico aplicável às Redes e Serviços Conexos e define as competências da Autoridade Reguladora Nacional neste domínio transpondo as Directivas n.ºs, 2002/19/CE, 2002/20/CE, 2002/21/CE,

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PRESIDENCY of the COUNCIL of MINISTERS 1 Proposal of law No. 3/XII explanatory memorandum to the law No. 5/2004, of 10 February (electronic communications Law-LCE), establishes the legal regime applicable to electronic communications networks and services and associated facilities and services and sets out the powers of the national regulatory authority in this area, promoting the transposition of directives Nos 2002/19/EC , 2002/20/EC, 2002/21/EC and 2002/22/EC, all of the European Parliament and of the Council of 7 March 2002, as well as the Directive 2002/77/EC of 16 September 2002. The European Commission, in compliance with the regime laid down in directives enformadoras of the regulatory framework for electronic communications networks and services, providing for its periodic review, started in 2006 to review the Community guidelines, a procedure that became known as ' Review 2006».



PRESIDENCY of the COUNCIL of MINISTERS when the community review 2, welcoming the legal system through appropriate national change in the ice, the regime laid down by the directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services (' the framework directive ') the Directive 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities (access and interconnection ' directive) and Council Directive 2002/20/EC on the authorisation of electronic communications networks and services (' authorisation directive '), or by Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 , in so far as it amends Directive No. 2002/22/EC on universal service and users ' rights relating to electronic communications networks and services (Universal service directive). This is the purpose of this proposed law. In the Community scheme, that transposes, are identified the following main axes: strengthening of independent regulation and regulatory action that promotes innovation and investment; the recognition of the efficient management of the spectrum as a fundamental vector of promotion of well-being and economic development; the consolidation of the internal market, inter alia, through the creation of the body of European regulators for electronic communications (BEREC); strengthening the protection of consumers of electronic communications services, including users with disabilities; and the promotion of secure communications through the strengthening of the security and integrity of the networks. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: PRESIDENCY of the COUNCIL of MINISTERS of the COUNCIL of MINISTERS PRESIDENCY 3 4 Article 1 subject-matter this decree-law shall the 6th amendment of law No. 5/2004, of 10 February, which establishes the legal regime applicable to electronic communications networks and services and associated facilities and services and defines the competences regulatory authority in this area, transposing to the internal legal order the directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and users ' rights relating to electronic communications networks and services, as well as the directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009, amending directives Nos 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of electronic comunicaçõess networks and related resources, and 2002/20/EC on the authorisation of electronic communications networks and services. Article 2 amendment to law No. 5/2004, of 10 February The articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51 , 52, 53, 54, 56, 57, 58, 59, 60, 63, 64, 66, 67, 69, 72, 73, 74, 75, 76, 77, 78, 81, 85, 86, 87, 88, 90, 91, 92, 93, 94, 96, 97, 99, 101, 102, 103, 104, 105, 108, 109, 110, 111, 112, 113, 114, 115, 116, 120, 121, 122, 123, 124, 125, 126 and 127 of the law No. 5/2004 , February 10, amended by Decree-Law No. 176/2007, of May 8, by law No. 35/2008, of 28 July, by Decree-Law No. 123/2009 of 21 may, by Decree-Law No. 258/2009, of September 25, and by law No. 46/24, June 2011, are replaced by the following: article 1 [...]

PRESIDENCY of the COUNCIL of MINISTERS 5 this law establishes the legal regime applicable to electronic communications networks and services and associated facilities and services and sets out the powers of the national regulatory authority in this area, within the framework of the process of transposition of directives Nos 2002/19/EC, 2002/20/EC, 2002/21/EC, all of the European Parliament and of the Council March 7, 2002, amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009, Directive No. 2002/22/EC of the European Parliament and of the Council of 7 March 2002, as amended by Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 , and Directive No. 2002/77/EC, of the European Commission of 16 September 2002. Article 2 [...] 1-[...]:) [...]; b) services providing or exercising editorial control over content transmitted using electronic communications networks and services, including the services of television and radio programmes and the services of audiotext and added value based on the sending message; c) […];

(d)) the Government computer network, managed by the central management of the PRESIDENCY of the COUNCIL of MINISTERS 6 Government computer network (CEGER), as well as the networks created to pursue the purposes specified in paragraph 1 of article 1 of Decree-Law No. 163/2007, of May 3. 2 - […]: a) […]; (b)) the arrangements applicable to construction of infrastructure able to accommodate electronic communications networks, installation of electronic communications networks and the construction of telecommunications infrastructure in lots, housing developments and sets of buildings and buildings, laid down in Decree-Law No. 123/2009 of May 21, as amended by Decree-Law No. 258/2009, of 25 September; (c)) the conditions of employment networks and radio stations, laid down in Decree-Law No. 151/2000, of July 20, as amended by decree-laws Nos. 167/2006 of 16 August and 264/2009, of September 28; d) […]; and) the legal regime applicable to radio amateurs, laid down in Decree-Law No. 53/2009, of 2 March; f) the legal regime applicable to essential public services, as provided for in law No. 23/96, of July 26, as amended by laws Nos. 12/2008, of 26 February 24/2008 of 2 June, 6/2011, March 10, and 44/2011, 22 June;



PRESIDENCY of the COUNCIL of MINISTERS 7 g) the legal regime applicable to the provision of services of promotion, information and support to consumers and users, through telephone relationship centers (call centers), laid down in Decree-Law No. 134/2009, of 2 June, amended by Decree-Law No. 72-A/2010 of 18 June; h) the legal regime applicable to the recovery of amounts for the provision of the service for the release of equipment provided for in Decree-Law No. 56/2010 of 1 June. 3-in the event of a conflict between provisions of this law and the rules laid down in sectoral legislation applicable, remaining the norms of this law, except where another provision resulting in a more stringent regime for companies that provide electronic communications networks and services, in which case this is applicable. 4-[previous paragraph 3]. 5-[previous paragraph 4]. Article 3 [...] [...]:) «access», the availability of resources and or services to another PRESIDENCY of the COUNCIL of MINISTERS 8

company, under conditions defined in an exclusive or non-exclusive, for the purpose of providing electronic communications services, even when these are used for the provision of the services referred to in (a)) and b) of paragraph 1 of the preceding article, covering, inter alia, access to network elements and associated facilities, which may include the connection of equipment, by fixed or non-fixed means (including in particular, access to the local loop and to facilities and services necessary to provide services for the local loop); access to physical infrastructure including buildings, ducts and masts; access to relevant software systems including operational support systems; access to information systems or databases for pre-ordering, provisioning, ordering, maintenance and repair requests and billing; access to numeric conversion or systems offering equivalent functionality; access to fixed and mobile networks, in particular for roaming; access to conditional access systems for digital television and radio programs; access to virtual network services; b) […]; c) "shared access to the local loop» means the access to the local loop or local sublacete of the operator with significant market power, which allows the use, by the beneficiary of a specific part of the total capacity of the local access network infrastructure, such as, for example, part of the frequency spectrum or equivalent;

d) "full unbundled access to the local loop» means the access to the local loop or local operator sublacete with market power of PRESIDENCY of the COUNCIL of MINISTERS, 9 that allows you to use all the capacity of infrastructure of the local access network; e) […]; f) «» spectrum allocation, the designation of a given frequency band to be used by one or more types of radiocommunication services, if necessary, in specified conditions; g) ' national regulatory authority (NRA)», the authority shall perform the functions of regulation, supervision, monitoring and sanctioning within the framework for electronic communications networks and services, as well as of the associated facilities and services, which is the ICP-National Communications Authority (ICP-ANACOM), whose statutes are annexed to Decree-Law No. 309/2001, 7 December; h) ' general authorisation ' means a legal framework established by this law and by the regulations of the national regulatory authority that ensures the rights related to the provision of electronic communications networks or services and laying down sector specific obligations that may apply to all or to specific types of electronic communications networks and services in accordance with this law; I) «Call», the connection established by means of an electronic communications service available to the public allowing two-way communication; j) [previous subparagraph (g))]; l) [previous paragraph (h))]; m) "harmful interference" means interference which endangers the PRESIDENCY of the COUNCIL of MINISTERS 10 functioning of a radionavigation service or other safety service or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with international standards, community or national rules; n) [previous (j))]; the) ' Application Programming Interface (API) ' means the software interfaces between applications, made available by radio, television or operators or service providers, and the resources in the enhanced digital television equipment for digital television and radio services; p) ' local loop ' means the physical circuit connecting the network termination point at the premises of the end user to a splitter or the equivalent feature in the fixed public electronic communications network; q) ' transnational markets», the markets referred to in paragraph 5 of article 59 that comprise the European Union or a substantial part thereof located in more than one Member State; r) «Number», from the national numbering plan or a resource numbering international in which the NRAS have competencies in particular notification, which serves to identify subscribers, services or applications, companies offering services or networks, networks or network elements;



PRESIDENCY of the COUNCIL of MINISTERS 11 s) [previous (p))];

t) "non-geographic numbers» means a number from the national numbering plan that is not a geographic number, including, in particular, the mobile numbers, free calls to the caller and premium rate numbers; u) [previous) (r)]; v) [previous (s))]; x) "body of European regulators for electronic communications (BEREC)» means the body established by Regulation (EC) no 1211/2009 of the European Parliament and of the Council of 25 November 2009; z) «public», terminal equipment in fixed location accessible to the general public, the use of which can be paid with coins and/or credit/debit cards and/or pre-payment cards, including cards for use with dialling codes; AA) "network termination point (NTP) means the physical point at which is provided to subscriber access to the public communications network; in the case of networks involving switching or routing, the NTP is identified by means of a specific network address, which may be associated with the number or name of a Subscriber;



PRESIDENCY of the COUNCIL of MINISTERS 12 bb) «related Resources», the associated services, physical infrastructure and other features or elements associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services via that network and/or service or have the potential to do so, and include inter alia buildings or entries to buildings , wiring of buildings, antennae, towers and other supporting constructions, ducts, conduits, masts, manholes and cabinets; CC) "electronic communications network" means transmission systems and, where applicable, switching or routing equipment and other resources, including network elements which are not active, that allow the sending of signals by wire, radio, optical media, or by other electromagnetic means, including satellite networks, fixed (terrestrial networks with packet or circuit-switched , including Internet) and mobile, the electricity cable systems, to the extent that they are used for the transmission of signs, the broadcasting and television networks and cable tv networks, irrespective of the type of information conveyed; DD) "public communications network" means the electronic communications network used wholly or mainly for the provision of publicly available electronic communications services;

EE) "electronic communications service" means the service offered in General PRESIDENCY of the COUNCIL of MINISTERS for remuneration, 13 which consists wholly or mainly in the transmission of signals on electronic communications networks, including telecommunications services and transmission services in networks used for broadcasting, without prejudice to the deletion referred to in (a)) and b) of paragraph 1 of article 2; FF) ' ancillary services ' means the services associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services via that network and/or service or have the potential to do so, and include number conversion systems or systems offering equivalent functionality, conditional access systems and electronic programme guides as well as other services such as identity, location and service presence; Gg) "wide-screen television service" means a service of television programs, in whole or in part, for programmes produced and edited to be presented throughout a wide format screen, 16:9 format being the reference format for these services; HH) "publicly available telephone service», available to the public service, that enables you to make and receive, directly or indirectly, national or national and international calls through a number or numbers included in a national or international numbering plan; II) [previous subparagraph ff)];

PRESIDENCY of the COUNCIL of MINISTERS 14 jj) "conditional access system" means any technical measure and/or arrangement whereby access, intelligently, to a service of television programmes or protected radio is conditioned to a signature or any other form of prior individual authorisation; LL) ' local Sublacete» means a partial local loop connecting the network termination point at the end-user's premises to a concentration point or a specified intermediate distribution frame in the fixed public electronic communications network; mm) [previous subparagraph ii)]; nn) [previous) (jj)] article 4 [...] 1-[...]. 2-is guaranteed by this law and the statutes of the NRA: a) the organic entity, financial independence and functionally separate from Government, endowed with the necessary financial and human resources and appropriate for the performance of its functions, including active participation in BEREC; b) […]; c) […]. 3-the NRA must exercise their powers impartially, transparent and timely.

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Article 5 [...] 1-[...]. 2-[...]: a) ensuring that users, including disabled users, elderly users and users with special social needs derive maximum benefit in terms of choice, price and quality; b) ensure that no distortions or obstacles to competition in the electronic communications sector, including in the context of electronic communications networks and services used for the provision of the services referred to in (a)) and b) of paragraph 1 of article 2; c) [Repealed]; d) Encourage effective use and ensure an efficient management of frequencies and numbering resources. 3 - […]: a) […]; b) […]; c) [Repealed]; d) Cooperate, in a transparent manner, with the European Commission, with berec and other communications regulatory authorities of the other Member States of the European Union, with the objective to ensure the development of consistent regulatory practice and the consistent application of the common regulatory framework for electronic communications networks and services.

PRESIDENCY of the COUNCIL of MINISTERS 16 4-[...]:) [...]; b) ensuring a high level of consumer protection in their relationship with the companies that provide electronic communications networks and services, through, inter alia, the establishment of conflict resolution procedures simple and inexpensive, run by independent body of the parties in conflict; c) […]; d) […]; e) respond to the needs of specific social groups, in particular disabled users, elderly users and users with special social needs; f) […]; g) Foster the ability of end-users to access and disseminate information and to use the applications and services of their choice. 5-To achieve the objectives referred to in paragraph 1, in all decisions and measures taken, the NRA should apply objective, transparent, transparent, non-discriminatory and proportionate, leaving him in particular: (a) promoting regulatory predictability), ensuring a coherent regulatory approach and with appropriate review periods;

PRESIDENCY of the COUNCIL of MINISTERS 17 b) ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services; c) Safeguarding competition to the benefit of consumers and promote, where appropriate, the infrastructure-based competition; d) promote investment and efficient innovation in new and improved infrastructure, in particular ensuring that any access obligation takes due account of the risk incurred by the investing companies and allowing cooperation agreements between these access seekers and diversify the risk of investment, ensuring, at the same time, competition in the market and the principle of non-discrimination are safeguarded; and) Consider duly the variety of existing conditions, with regard to competition and consumers in different geographical areas; f) ex-ante regulatory obligations only where there is no effective and sustainable competition and mitigate them or delete them as soon as this condition is found. 6 - […]. 7 - […].

PRESIDENCY of the COUNCIL of MINISTERS 18 8-unless otherwise arising from the arrangements provided for in articles 15 and 16-A, account shall be taken of the desirability of drafting laws and regulations technologically neutral, competing to NRAS under its powers of regulation, enshrined in this law, in particular those designed to ensure effective competition, to proceed in the same way. 9 - […]. 10-[...]. Article 6 [...] 1-RNA, in the exercise of its powers, should contribute to the development of the internal market, cooperating with the other national regulatory authorities, the European Commission and berec in a transparent manner to ensure consistent application of the regulatory framework applicable to electronic communications. 2-the NRA must, in particular: a) support the objectives of BEREC of promoting greater regulatory coordination and coherence, and in its decisions of definition and analysis of the relevant markets, taking into account the opinions, guidelines and common positions issued by that body; b) Cooperate with the European Commission and berec to identify the types of instruments and regulatory obligations more suited to address particular types of situations existing in the market.

PRESIDENCY of the COUNCIL of MINISTERS 19 3-for the purposes of the preceding paragraphs, in particular, be followed in the cases referred to in this law, the procedures provided for in articles 57 and 57-a. 4-[previous paragraph 3]. Article 7 [...] 1-[...]. 2 - […]. 3-in the cases referred to in articles 34 and 61, should the NRA requesting opinion prior to the competition authority. 4 - […]. 5-the NRA can promote cooperation between undertakings providing electronic communications networks or services and other public bodies involved in the promotion of lawful content through electronic communications networks and services, aiming at, inter alia, the dissemination of information of public interest to provide under the conditions laid down in paragraphs 3 to 5 of article 47-article 8 [...] 1-whenever in the exercise of the powers provided for in this law, the NRA intends to take measures with significant impact on the relevant market, including the restrictions set forth under article 16a, must publish a draft thereof, giving the parties the opportunity of expressing their views on deadline for that purpose, which shall be not less than 20 days.

PRESIDENCY Of The COUNCIL Of MINISTERS-20 2 [...]. Article 9 [...] 1-[...]. 2-in the situations referred to in the preceding paragraph, the NRA shall inform, as soon as possible, the European Commission, the other national regulatory authorities and berec of measures taken and the reasons therefor. 3 - […]. Article 10 [...] 1-RNA shall, at the request of either party, resolve, through binding decision, any disputes related to the obligations arising from this law, among them companies subject in the national territory, or between these and other companies benefiting from access obligations on the national territory, without prejudice to the possibility of recourse to the courts. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6 - […]. 7-the decisions taken under this article shall not apply the procedure laid down in article 8.

PRESIDENCY of the COUNCIL of MINISTERS 21 Article 12 [...] 1-in the event of a dispute arisen in connection with the obligations under the regulatory framework for electronic communications, among them companies subject, established in different Member States and within the competence of regulatory authorities from more than one Member State, either party may submit the dispute to the regulatory authorities concerned, without prejudice to the possibility of recourse to the courts. 2 - […]. 3-Any competent national regulatory authorities may, in order to obtain a resolution of the dispute to berec, request the issuance of an opinion on the measures to be taken to the resolution of the dispute, in accordance with the regulatory framework for electronic communications. 4-in the case referred to in the preceding paragraph, any national regulatory authority with competence in any aspect of the dispute must wait for the opinion of BEREC before adopting measures for resolving the dispute, without prejudice to the possibility to adopt urgent measures, when necessary. 5-in the resolution of the dispute to the competent national regulatory authorities shall take the utmost account of the opinion of BEREC. 6-national regulatory authorities may decide together refuse dispute resolution in accordance with subparagraph (c)) of paragraph 1 and paragraphs 2 and 3 of the previous article, apply mutatis mutandis. 7-the decisions taken under this article shall not apply the procedure laid down in article 8.

PRESIDENCY of the COUNCIL of MINISTERS article 13 22 [...] 1-[...]. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6 - […]. 7 - […]. 8 - […]. 9 - […]. 10-[...]. 11-[...]. 12-[...]. 13-[...]. 14-the NRA must keep up-to-date information on the capabilities of the decisions provided for in paragraph 2, in particular on the number of requests for appeal, the purpose and duration of the respective processes, as well as on the number of decisions that impose precautionary measures and shall, upon duly motivated request, provide this information to the European Commission and BEREC.

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Article 15 [...] 1-RNA shall ensure the efficient management of spectrum, understood as the set of frequencies associated with screening purposes, taking into account the important social, cultural and economic value of these frequencies. 2 - […]: a) […]; b) […]; c) […]; d) balance of interests of the users of spectrum. 3-the NRA must cooperate with the Commission and the competent authorities of the management of spectrum in the other Member States in the strategic planning, policy coordination and harmonisation of spectrum use for frequencies in the European Union, in particular in the framework of multiannual programmes relating to spectrum policy approved by the European Parliament and the Council, taking into account in particular , economic, safety, health, public interest, freedom of expression, cultural, scientific, social and technical European Union policies, as well as the various interests of radio spectrum users.



PRESIDENCY of the COUNCIL of MINISTERS 24 4-the NRA should promote the harmonisation of use of frequencies in the European Union in a manner consistent with the need to ensure effective and efficient use and pursue the objective of obtaining benefits to consumers, such as economies of scale and interoperability of services, in accordance with the provisions of the preceding paragraph as well as in decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (radio spectrum decision). 5-competes to the NRAS carry out the assignment of spectrum and frequency assignment, which obey the objective, transparent, non-discriminatory and proportional. Article 16 [...] 1-ARN is responsible for advertising and keep updated the national frequency allocation Table (QNAF), which must include: a) the frequency allocation table, corresponding to subdivisions of the radio spectrum, broken down for each frequency band radio communications services according to the assignments of the ITU Radio Regulations applicable to Portugal; (b)) The frequency bands and spectrum allocated to companies offering public communications networks or publicly available electronic communications services, including the review date of the assignment;

PRESIDENCY of the COUNCIL of MINISTERS 25 c) The reserved frequency bands and to be made available in the framework for electronic communications networks and services, accessible and not accessible to the public, specifying, in each track, the cases in which they are required to use rights as well as the respective assignment process; d) rights of use of frequencies they broadcast and rental, as well as the tracks for which no admissible transmission and lease, pursuant to article 34. 2-the frequencies which are, in every moment, delegated to the armed forces and the forces and security services are excluded from the publication referred to in the preceding paragraph. 3-the QNAF can take the form of an online portal. Article 17 [...] 1-[...]. 2 - […]: a) […]; b) […]; c) […]; d) […]; and ensure that a company) has been granted the right to use a series of numbers does not discriminate against other providers of electronic communications services as regards the number sequences used to give access to their services;

PRESIDENCY of the COUNCIL of MINISTERS 26 f) Supporting the harmonization of specific numbers or series of specific numbers in the European Union, where that promotes the functioning of the internal market and the development of pan-European eGovernment services, as well as coordinating its position with other competent entities of the Union within the framework of international organisations and fora where decisions are taken on numbering issues where this is appropriate to ensure interoperability of services. 3 - […]. 4 - […].

Article 19 [...] 1-[...]. 2-subject to the following paragraph, the provision of electronic communications networks and services, accessible to the public, is only subject to general authorization regime, cannot be dependent on any previous Act or decision of the NRA. 3-the use of numbers and frequencies is subject to general authorisation pursuant to paragraph 1 and, in addition, the allocation by ARN of rights of use in all cases for the numbers and exceptionally to the frequencies.



PRESIDENCY of the COUNCIL of MINISTERS 27 4-the use of frequencies for electronic communications services, whether or not dependent on the assignment of rights of use, is subject to the conditions of use of the spectrum provided for in Decree-Law No. 151/2000, of July 20, as amended by Decree-Law No. 167/2006 of 16 August and 264/2009, of September 28. 5-[Repealed]. 6-[Repealed]. 7-[Repealed]. Article 20 [...] 1-[...]. 2-changes to rights of use of frequencies provided for in the preceding paragraph shall take into account the specific conditions applicable to transferable rights, pursuant to article 34. 3-changes to be adopted under this article are subject to the General procedure of consultation referred to in article 8 being granted to interested parties, including users and consumers, sufficient time to comment on the proposed amendments, which, except in duly justified exceptional circumstances, shall not be less than 20 days. 4-this provision does not encompass previous number changes little significant cases, in which the substantial nature authorisations and rights of use is not modified, in particular not creating comparative advantages, and which have been agreed with the holder of the general authorisation or of rights of use.

PRESIDENCY of the COUNCIL of MINISTERS 28 article 21 [...] 1-[...]. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6 - […]. 7-the companies cease the provision of networks or electronic communications services and shall communicate that fact to the NRA at least 15 days. Article 22 [...] Constitute rights of undertakings providing public communications networks or publicly available electronic communications services: a) Negotiate interconnection and obtain access to or interconnection from other companies offering public communications networks and publicly available electronic communications services, under the conditions and in accordance with the procedure provided for in this law; (b)) could be designated to provide some of the benefits of universal service and/or to cover different parts of the national territory, in accordance with the provisions of this law.

PRESIDENCY of the COUNCIL of 29 MINISTERS article 23 [...] Cannot be restrictions that prevent companies or operators to negotiate between themselves agreements on technical and commercial arrangements for access and interconnection related to networks and services not available to the public. Article 24 [...] 1-To companies offering public communications networks and publicly available electronic communications services is guaranteed:) [...]; b) […]. 2 - […]. 3-all the authorities with jurisdiction over the public domain shall draw up and publish procedures for the assignment of the rights referred to in the preceding paragraphs, which should be simple, transparent, efficient and properly advertised, non-discriminatory and timely, but not between the date of submission of the application and its decision during more than six months, unless concerned is a process of expropriation. 4-the conditions applicable to the exercise of the rights referred to in paragraphs 1 and 2 meet the principles of transparency and non-discrimination. 5 - […]. 6 - […].

PRESIDENCY of the COUNCIL of MINISTERS 30 article 25 [...] 1-[...]. 2-Without prejudice to the powers of local authorities, the NRA, after a period of stakeholder consultation in accordance with article 8, can, for reasons related to the protection of the environment, health or public security or to meet town and country planning objectives and defense of the urban and rural landscape, determine the sharing of resources or properties, including buildings, entrances of buildings , masts, antennae, towers, support structures, ducts, conduits, manholes, cabinets or other existing facilities on the site, regardless of its holders are companies that provide electronic communications networks or services, to ensure that, in any case, certain measures are objective, transparent, non-discriminatory and compatible with the principle of proportionality. 3 - […]. 4 - […]. Article 26 [...] 1-the concessionaire of public telecommunications service should provide, by agreement, to companies offering public communications networks or publicly available electronic communications services access to ducts, Poles, other facilities and sites that owns or for which it attaches for installation and maintenance of your systems, equipment and other resources.

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2-the concessionaire of the public telecommunications service may request a fee to companies that provide public communications networks or publicly available electronic communications services, the use of conduits, Poles, other facilities and sites that owns or for which it attaches for installation and maintenance of your systems, equipment and other resources. 3 - […]. 4 - […]. 5-[Repealed]. 6-[Repealed]. 7-[Repealed]. Article 27 [...] 1-[...]:) [...]; b) […]; c) transparency of operators of public communications networks that provide publicly available electronic communications services, in order to guarantee the end-to-end connectivity, in conformity with the objectives and principles set out in article 5, the disclosure of all the conditions that limit access and or use of services and applications when these conditions are allowed under the law and When necessary and proportional, the NRA's access to information necessary for the purpose of establishing the correctness of that disclosure;

PRESIDENCY of the COUNCIL of MINISTERS 32 d) maintaining the integrity of public networks, including by conditions to prevent electromagnetic interference between networks or electronic communications services and, pursuant to Decree-Law No. 325/2007, of 28 September, as amended by Decree-Law No. 20/2009, of 19 January; and) terms of use for communications from public authorities to the general public to warnings of imminent threats and mitigate the consequences of major catastrophes, as well as terms of use during major disasters or national emergency, to ensure communications between emergency services and authorities; f) [previous article)]; g) [previous subparagraph (f))]; h) [previous subparagraph (g))]; I) conditions of use of frequencies, pursuant to Decree-Law No. 151/2000, of July 20, as amended by decree-laws Nos. 167/2006 of 16 August and 264/2009, of September 28, where such use is not subject to allocation of rights of use in accordance with advertised on QNAF; j) Access by end-users to numbers from the national numbering plan, the numbers from the European telephone numbering space, the universal international freephone and, when it is technically and economically feasible, the numbering plans of other Member States, and conditions in accordance with this law;

PRESIDENCY of the COUNCIL of MINISTERS 33 l) consumer protection rules specific to the electronic communications sector, including conditions in conformity with this law, including conditions on accessibility for users with disabilities, in accordance with article 91; m) [previous (l))]; n) [previous subparagraph m)]; the) [previous (n))]; p) [previous article)]; q) restrictions relating to the transmission of illegal content, in accordance with Decree-Law No. 7/2004, of 7 January, as amended by Decree-Law No. 62/2009 of March 10, and the transmission of harmful content in accordance with the law No. 27/2007, of July 30, as amended by law No. 8/2011, April 11; r) [previous subparagraph q)]; s) [previous) (r)]; t) [previous (s))]. 2 - […]. 3 - […]. 4-[Repealed]. Article 28 [...] [...]: PRESIDENCY of the COUNCIL of MINISTERS to 34) [...]; b) control arrangements in retail markets, in accordance with article 85; c) […]; d) [Repealed]. Article 29 [...] 1-Notwithstanding the rules set as required at EU level, the NRA, in so far as is strictly necessary to ensure interoperability of services and to improve freedom of choice for users, must, in order to encourage the harmonised provision of electronic communications networks and services and associated facilities and services, encourage the use of imperative and not technical standards specifications on the basis of the list drawn up by the European Commission and published in the official journal of the European Union, in accordance with Directive No. 2002/21/EC of the European Parliament and of the Council of 7 March 2002, as amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009. 2-it is up to the NRA to promote advertising on its Internet Web site the reference to publication in the official journal of the European Union of lists of standards and specifications relating to the harmonised provision of electronic communications networks and services and associated facilities and services and referred to at the end of the preceding paragraph. 3 - […].

PRESIDENCY of the COUNCIL of MINISTERS 35 4-in the absence of the standards referred to in the preceding paragraph, the NRA should encourage the implementation of international standards or recommendations adopted by the ITU, the European Conference of postal and telecommunications administrations (CEPT), the international organisation for Standardisation (ISO) or the International Electrotechnical Commission (IEC). 5-Notwithstanding the rules and specifications referred to in the preceding paragraphs, technical specifications may be issued at national level. 6 - […]. Article 30 assignment of rights to use frequencies 1-the use of frequencies is dependent on the assignment of rights of use only when necessary for: a) avoid harmful interference; b) ensure technical quality of service; c) safeguard efficient use of spectrum; d) Perform other general interest objectives defined in the law. 2-rights of use for frequencies can be attributed to the undertakings providing electronic communications networks or services to the companies that use these networks or services, in accordance with applicable law.



PRESIDENCY of the COUNCIL of MINISTERS 36 3-without prejudice to specific criteria and procedures for the assignment of rights of use of frequencies to operators and television and radio operators, to achieve general interest objectives, rights of use must be assigned through open procedures, objective, transparent, proportionate, non-discriminatory criteria and in accordance with the provisions of article 16A. 4-where it can be shown that the assignment of rights use of frequencies to operators and television and radio operators is necessary to achieve a general interest objective defined in law, can be established by ARN, an exception to the requirement for the establishment of open procedures. 5-the assignment of rights of use of frequencies can pass in full accessibility scheme or be subject to procedures of selection by competition or comparison, namely auction or tender. 6-the assignment of rights of use of frequencies are dependent on request, in the following terms:) where full accessibility, the application shall be submitted to the ARN instructed with the elements needed to prove the ability of the applicant to comply with the conditions attached to the right to use, laid down in article 32, in accordance with the set by NRAs; b) in the case of competitive selection procedure or comparison in accordance with article following, the application shall be submitted in accordance with the requirements set out in the regulations of use rights assignment.

PRESIDENCY of the COUNCIL of MINISTERS 37 7-it is the Member of Government responsible for the communications area approve the assignment of rights of use of frequencies always involving competitive selection procedures or by comparison, and referring to frequencies accessible for the first time, in the context of electronic communications or not, are intended to be used for new services. 8-it is up to the NRA to approve the assignment of rights of use of frequencies, in cases not covered by the preceding paragraph. 9-the decision on the allocation of rights of use of frequencies must be taken, communicated and made public within the following periods:) where full accessibility within a maximum of 30 days, without prejudice to the international treaties governing the use of frequencies or of orbital positions; b) in the case of competitive selection procedures or by comparison, within which it is necessary to ensure that the procedures are fair, reasonable, open and transparent to all interested parties, up to a maximum of eight months, without prejudice to the international treaties governing the use of frequencies and the coordination of satellite networks.



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10-When the use of frequencies has been harmonised in the European Union and, in this context, the conditions have been agreed and access procedures and selected companies are assigned frequencies, in accordance with international agreements and Community rules, the NRA should assign the rights of use of these frequencies in accordance with such provisions, and without prejudice to the fulfilment of all conditions imposed at national level associated with its use , cannot be imposed on any other conditions, additional criteria or procedures that restrict, alter or delay the correct implementation of the assignment of these frequencies under a common selection procedure. Article 31 [...] 1-[...]. 2 - […]. 3 - […]: a) […]; b) Publish a decision stating the full reasons therefor, to limit the number of rights of use to be granted by setting both the assignment procedure, which can be full or accessibility of selection by competition or comparison, namely auction or tender; c) […].

PRESIDENCY of the COUNCIL of MINISTERS 39 4-When the number of rights of use of frequencies is limited, procedures and selection criteria shall be objective, transparent, non-discriminatory and proportionate and shall take into account the objectives set out in article 5, as well as the scheme laid down in article 16A. 5-RNA, periodically or at the reasonable request of interested entities , should review the limitation on the number of rights of use in accordance with articles 16 and 16A and finish that can be assigned new rights of use should advertise that decision and to initiate the procedure for assignment of such rights in accordance with paragraph 3. Article 32 [...] 1-[...]: a) obligation to provide a service or to use a type of technology including, where appropriate, coverage and quality requirements; (b) effective and efficient Use of) frequencies, in accordance with article 15, including, where appropriate, in particular to avoid hoarding situations, setting deadlines for IPR exploitation use by the proprietor; c) technical and operational Conditions necessary for the production of harmful interference and not the limitation of exposure of the general public to electromagnetic fields, if these conditions are different from those referred to in (a) m) of paragraph 1 of article 27;

PRESIDENCY of the COUNCIL of MINISTERS 40 d) maximum duration, in accordance with the following article, subject to any changes made to the QNAF; e) Transferability of rights at the initiative of the right holder and conditions for such transfer, in accordance with article 34; f) […]; g) […]; h) […]; I) specific obligations for experimental use of frequencies. 2-conditions of frequency usage rights must comply with the provisions of article 16a and the arrangements laid down in paragraphs 2 and 3 of article 27. Article 33 term and renewal of rights to use frequencies 1-rights of use for frequencies are assigned for a period of 15 years, and may, in duly substantiated situations, depending on the service in question and having regard to the aim pursued and the need to allow an appropriate period for amortization of investment, be assigned by the NRA for a different period , with a minimum of 10 years and a maximum of 20. 2-rights of use are renewable, by the deadlines laid down in the preceding paragraph and mindful of the criteria of its attachment, on request of the right holder to the NRA at least a year on the expiry of their term of validity.

PRESIDENCY of the COUNCIL of MINISTERS 41 3-in the case referred to in the preceding paragraph, the NRA must respond to the holder within a maximum period of 6 months, promoting the General procedure of consultation provided for in article 8, and can: a) oppose the renewal of the right to use by means of a decision stating the full reasons therefor; b) grant the renewal application under the same conditions as specified in the initial assignment of rights of use, including the validity of the law; c) grant the request for renewal with conditions other than those specified in this law. 4-the silence of the NRA, after the expiry of the period referred to in the preceding paragraph, as tacit acceptance. 5-rights of use for frequencies cannot be restricted or revoked before expiry of the period of validity, except in duly justified cases and, if applicable, in accordance with the conditions laid down in the previous article and subject to the regime of Decree-Law No. 151/2000, of July 20, as amended by decree-laws Nos. 167/2006, August 18 , and 264/2009, of September 28. Article 34 transmission and lease of rights to use frequencies 1-it is permissible to broadcast or the lease of rights to use frequencies between companies, in accordance with the conditions attached to such rights of use and with the procedures laid down in this article, whenever the transfer or lease those rights not expressly prohibited by the NRA and publicized in the QNAF.

PRESIDENCY of the COUNCIL of MINISTERS-42 2 the prohibition referred to in the preceding paragraph may be established for the whole period of validity of right of use or for less than. 3-the NRA cannot inhibit the transmission and rental usage rights assigned on tracks for which the transmission and rental are provided for in implementing measures adopted for this purpose by the European Commission pursuant to Directive No. 2002/21/EC of the European Parliament and of the Council of 7 March 2002, as amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009. 4-the holders of rights to use frequencies are required to communicate to the NRA: a) the intention to pass such rights and the conditions under which the plan to do; b) the lease those rights effectively, within 10 days after its completion. 5-in the case of transfer of rights to use frequencies referred to in point (a)) of the preceding paragraph, the NRAS to ensure that: a) the intention to convey rights to use, as well as the implementation of transmission, are made public; (b)) the transmission does not cause distortions of competition, in particular by the accumulation of rights of use; c) frequencies are used effectively and efficiently;



PRESIDENCY of the COUNCIL of MINISTERS 43 d) the use to which they are intended for the frequencies is observed when the same has been harmonised through the application of decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 (radio spectrum decision) or other Community measures; and) the restrictions set out in the law regarding television and radio are safeguarded. 6-in case of transfer of rights of use, the NRA shall decide within 45 days on the content of the communication provided for in paragraph 4, inform may object to the transfer of rights of use designed, as well as impose conditions necessary for the fulfilment of the provisions of the preceding paragraph. 7-in the cases referred to in the preceding paragraph, the NRA must request prior opinion to the competition authority, which must be issued within 10 days, told of their request, and may be extended in cases whose complexity warrants. 8-the silence of the NRA, after the expiry of the time limit laid down in paragraph 6, shall be no opposition to the transfer of rights of use, not sparing however the communication transmission obligation fulfilled. 9-the transmission and the lease of rights of use does not suspend or interrupt the period for which they were granted the rights to use, without prejudice to its renewal in accordance with the previous article. 10-the conditions attached to rights of use of frequencies continue to apply after the transfer or leasing of such rights, unless otherwise decided by the NRAs.

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11-the NRA can, after the General procedure of consultation provided for in article 8, determine the rules applicable to the transmission and the leasing of rights to use frequencies. 12-where a right to use frequencies is not transferable or subject to lease under this article, the NRAS to ensure that the fundamentals that determined the enforceability of the award of the right to use, as well as the possibility of transmitting or hire, remain justified throughout the duration of the same. 13-for the purposes of the preceding paragraph, where the grounds for the requirement of attribution of rights of use for frequencies or for the possibility of transfer or lease no longer justified, the NRAS should, in particular by a reasoned request of the right holder, adopt the necessary measures for revocation of the right of use, the use of frequencies is subject to general authorization regime , or the amendment of the said right of use, eliminating the impossibility of transmitting or lease. 14-in the cases referred to in the preceding paragraph, the NRA should follow the procedure laid down in article 20. Article 35 accumulation of rights to use frequencies 1-ARN is responsible for ensuring that the flexibility in the use of frequencies resulting from, inter alia, the Elimination of restrictions on pledge of neutrality of technology and services, as well as the accumulation of rights of use of frequencies resulting from transmissions or leases, not cause distortions of competition.

PRESIDENCY of the COUNCIL of MINISTERS 45 2-for the purposes of the preceding paragraph, the NRAS may adopt appropriate measures, in particular: to) impose conditions attached to rights of use of frequencies, in accordance with article 32, including setting deadlines for IPR exploitation using of the right holder; b) Determine the proprietor, and in one case, the transfer or lease of rights to use frequencies; c) limit the amount of spectrum to be allocated to the same holder in procedures for granting rights of use for frequencies. 3-the measures imposed under paragraph 1 shall be applied in a proportionate, non-discriminatory and transparent. 4-without prejudice to other applicable sanction mechanisms, non-compliance with the measures provided for in this article may determine the revocation, partially or totally, by the NRAS of their rights of use for frequencies, according to the procedure laid down in article 110. Article 36 allocation of rights of use for numbers 1-the use of numbers is dependent on the assignment of rights of use. 2-rights of use for numbers may be assigned to the companies that provide electronic communications networks or services, to the companies that use these networks or services, in accordance with applicable law.

PRESIDENCY of the COUNCIL of MINISTERS 46 3-rights of use of numbers should be assigned through open procedures, objective, transparent, non-discriminatory and proportionate. 4-Notwithstanding the previous paragraph, can the NRA decide, after the General procedure of consultation in accordance with article 8, that rights for use of numbers of exceptional economic value are to be allocated through competitive selection procedures or by comparison, namely contest or auction, and shall identify them pursuant to d) of paragraph 2 of article 17 5-the decision on the allocation of rights of use of numbers should be given , communicated and made public in the following maximum time limits: a) 15 days in the case of numbers allocated for specific purposes within the national numbering plan; b) 30 days, in cases where the granting of rights of use is subject to competitive selection procedures or by comparison. Article 37 conditions attached to rights of use for numbers 1-Without prejudice to other conditions which result from the general law and of paragraph 1 of article 27, the rights of use for numbers may be subject to the following conditions: (a)) designation of the service for which the number shall be used and any requirements linked to the provision of this service including pricing principles and maximum prices that can apply in the specific series of numbers in order to ensure consumer protection;

PRESIDENCY of the COUNCIL of MINISTERS 47 b) effective and efficient Use of numbers in conformity with subparagraph (b)) of paragraph 2 of article 17; c) requirements relating to number portability, in accordance with article 54; d) Obligations in respect of the services for the purposes of articles 50 and 89; e) Transferability of rights at the initiative of the right holder and conditions for such transfer, on the basis of article 38; f) fees, in accordance with article 105; g) Any commitments which the undertaking obtaining the usage rights has made in the course of a competition or selection procedure for comparison of offers; h) obligations arising out of international agreements applicable to the use of numbers. 2-is applicable to rights of use of numbers as provided in paragraphs 2 and 3 of article 27. Article 39 [...] 1-Are users ' rights, pursuant to this law: a) [...]; b) Have, in good time prior to the conclusion of any contract, written information on the conditions of access and use of the service in accordance with article 47; c)[…].

PRESIDENCY of the COUNCIL of MINISTERS-48 2 constitute rights of end-users, in accordance with this law: a) have information on the quality of service, as provided for in article 40; b) have information about telephone indicative European access, in accordance with article 44; c) recourse to complaints-handling procedures, in accordance with article 48; d) Access to directory enquiry services, in accordance with paragraph 2 of article 50; and) Access to emergency services, in accordance with article 51; f) disposal, whenever technically and economically feasible, of the additional resources referred to in paragraph 1 of article 53; g) resorting to extrajudicial conflict resolution mechanisms. 3-constitutes rights of subscribers, pursuant to this law: a) to be informed in writing at least ten days, suspend the provision of the service, in case of non-payment of bills, in accordance with paragraph 2 of article 52; b) access the services hired continuously, without interruptions or undue suspension; c) Get detailed billing, when requested; d) Have selective communication bus as well as the access to the services of audiotext, in accordance with article 45; and timely) to receive all the information related to the base of subscribers who have not satisfied its obligations of payment, in accordance with the provisions of article 46;

PRESIDENCY of the COUNCIL of MINISTERS 49 f) Be informed in accordance with article 47; g) enter into contracts with the specification required in article 48; h) appear on directory enquiry services and directories, as provided for in paragraph 1 of article 50; I) to be informed, in accordance with article 52, the suspension and termination of service; j) Disposal of number portability, in accordance with article 54. 4-[previous paragraph 3]. 5-for the purposes of subparagraph (c)) of paragraph 3 and without prejudice to the provisions of legislation concerning the processing of personal data and the protection of privacy in the electronic communications sector, the NRA may set the minimum level of detail and information, free of charge, companies must ensure that subscribers to request detailed billing. 6-it is up to the NRA to determine the companies that offer public communications networks or publicly available electronic communications services, the observance of requirements and requirements necessary to ensure that end-users with disabilities gain access to electronic communication services equivalent to the level provided to most end users and benefit from the choice of businesses and services who have access to most users as well as, where appropriate and to the extent that it is proportional, making available to the majority of users of the services and additional resources provided for in (c)), d), (f)) and g) of paragraph 1 of article 94.

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Article 40 [...] 1-companies that offer public communications networks or publicly available electronic communications services are required to publish and make available to end-users comparable information, clear, complete, and up-to-date information on the quality of the services we offer, as well as special offers designed to ensure end-users with disabilities equivalent access from other end users. 2-for the purposes of the preceding paragraph, the NRA, after completion of the General procedure of consultation referred to in article 8, can define, among others, the quality of service parameters to be measured and the content, the format and publication of information, and may also define possible quality certification mechanisms designed to ensure that end-users, including disabled end-users , have access to clear information, complete, reliable and comparable data. 3-for the purposes of the preceding paragraph, the NRA, when considered appropriate, can follow the attached to this degree. 4-whenever it is justified to avoid service degradation or blocking or slowing of traffic on networks, the NRA may set to companies offering public communications networks quality of service requirements. 5-setting the requirements laid down in the preceding paragraph is preceded by a communication to the European Commission and BEREC, with which, in addition to the draft measure to be adopted, the NRA shall provide a summary of the reasons therefor.

PRESIDENCY of the COUNCIL of MINISTERS 51 6-in the setting of quality requirements, the NRA shall take into account the observations and recommendations presented by the European Commission to ensure that the measures provided for do not adversely affect the proper functioning of the internal market. 7-[previous paragraph 3]. Article 41 [...] 1-The undertakings providing public communications networks or publicly available electronic communications services and enjoy special or exclusive rights for the provision of services in other sectors in the same or another Member State, shall have a system of separate accounts for the activities to provide electronic communications networks or services, which shall be subjected to an independent audit to be held by an entity to designate by the NRA or this accepted, or create legally separate entities for the corresponding activities. 2 - […]. 3--The undertakings providing public communications networks or publicly available electronic communications services which, under the specific legislation applicable to them, are not subject to accounting control, shall draw up and submit their financial reports to an independent audit and publish them.



PRESIDENCY of the COUNCIL of MINISTERS article 42 52 [...] 1-The undertakings providing public communications networks must exploit its cable television network through legally separate entities where:) [...]; b) […]; c) […]. 2 - […]. 3 - […]. Article 43 [...] 1-RNA shall impose on undertakings providing public communications networks used for the distribution to the public of television services and radio services transport obligations of specific programmes and complementary services, particularly accessibility services in order to allow adequate access to end-users with disabilities, specified under the law by the competent entity in the area of social communication When a significant number of end-users of such networks use them as primary means of reception of radio and television. 2 - […]. 3 - […].

PRESIDENCY of the COUNCIL of MINISTERS article 44 53 Indicative access 1-European telephone companies that offer electronic communications services and international calls must use the prefix "00" as indicative of uniform international access. 2-it is up to the NRAS to ensure that all the undertakings providing publicly available telephone services and international calls handle all calls originating in or intended for the European telephony numbering space (ETNS), applying them prices similar to those applicable to calls originating and destination in other Member States. 3-whenever technically and economically feasible, and without prejudice to the provisions of the following paragraph, companies that hold numbers from the national numbering plan in the national territory shall: a) Guarantee access to all numbers provided in the European Union, regardless of the technology and devices used by the provider, in particular those included in the national numbering plans of Member States the ETNS and universal international free call numbers (UIFN). b) Ensure access to and use of services through non-geographic numbers for end users within the European Union 4-[previous No. 2]. 5-[previous paragraph 3].

PRESIDENCY of the COUNCIL of MINISTERS article 45 54 selective Bus 1-communications companies that offer public communications networks or publicly available electronic communications services which serve to support the provision of audiotext services must ensure, as a rule, that the access to these services is barred without any charge and can only one be activated, or selectively , after written request made by their subscribers. 2-are excluded from the preceding paragraph televoting audiotext services to which access is automatically provided to the user. 3-at the request of their subscribers, the companies offering public communications networks or publicly available electronic communications services which serve to support the provision of value-added services based on message submission, including SMS (short message service) or MMS (multimedia messaging service) shall, without charge, to bar communications, input or output, for such services regardless of whether or not to contract with the provider of these services, or their eventual resolution. 4-for the purposes of the preceding paragraph, the bus must be made until 24 hours after the request of the Subscriber, through any durable medium of communication, you may not be charged any costs associated with the provision of services whose bus was requested, after this period. 5-the NRA may set the necessary elements required to make proof of entitlement to apply for or unblocking of bus services provided for in the preceding paragraphs.

PRESIDENCY of the COUNCIL of MINISTERS 55 6-whenever considered appropriate, the NRA can determine to companies offering public communications networks or publicly available electronic communications services which, at the request of their subscribers, ensure selective and free bus communications, input, or output of applications similar to those referred to in paragraph 3 or for other types defined for numbers. 7-Always be determined by the competent authorities, on the basis of fraud or misuse, companies that offer public communications networks or publicly available electronic communications services shall, on a case by case basis, block access to certain numbers or services and retain revenue from interconnection with the same. Article 46 [...] 1-[...]. 2 - […]. 3 - […]: a) […]; b) […]; c) obligation in contracts or express warning to subscribers that have contract the possibility of registration of your data in the database in the event of non-compliance of contractual obligations, indicating the amount of the debt from which the registration of the subscribers ' data on that base and mechanisms that can be used to prevent that inclusion;

PRESIDENCY of the COUNCIL of MINISTERS 56 d) guarantee that prior to the inclusion of data from subscribers on the basis of these are notified in no less than five days, remedy the breach of contract, settling your debt balance or demonstrate its existence or enforceability; e) obligation to inform subscribers within five days, that their data has been included in the database; f) [Former subparagraph (d))]; g) [previous article)]; h) Immediate Elimination of all elements relating to the Subscriber after payment of the debts in question, or when its value is lower than that provided for in subparagraph (a)) of paragraph 4; I) inclusion of data relating to subscribers who have submitted proof of non-existence or enforceability or debt while during the analysis, by the operator or the service provider, of the arguments put forward to contest the existence of the balance due or during the execution of your payment agreement; j) [previous subparagraph (g))]. 4-[...]: the) minimum amount of credit owed to the Subscriber to be included in the database, which may not be less than 20% (20%) of the guaranteed minimum monthly remuneration; b) […]; c) […]; d) […];

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e) […]; 5 - […]; 6-the arrangement provided for in the preceding paragraph is not applicable to universal service providers, which may refuse to hire within the scope of universal service, without prejudice to the right to demand the provision of guarantees. Article 47 [...] 1-companies that offer public communications networks or publicly available electronic communications services are required to provide appropriate information to the public, transparent, comparable and up-to-date information on the usual terms and conditions of access and use of the services they provide to end-users and consumers, explaining, in detail, their prices and other charges as well as, when applicable, related to the termination of the contracts. 2-for the purposes of the preceding paragraph, should those companies publish and make available and easily accessible on their Web sites and in points of sale of services, in accordance with the defined by NRAS, the following information: a) identification of the provider, indicating name, contact and address of the registered office of the undertaking which provides public communications networks or publicly available services; b) info on the publicly available electronic communications services offering, containing the following elements: PRESIDENCY of the COUNCIL of MINISTERS 58 i) description of services offered, as well as of the various benefits and features that include the same, indicating the geographical area in which they are available; II) service quality levels offered; c) normal prices, indicating the amounts owed by each of the services provided and the content of each element of the price, including, in particular the costs related to the access, use and maintenance, as well as detailed information about the normal discounts applied and special or specific tariff systems, any additional charges, costs relating to terminal equipment and burden of termination of employment; d) […]; e) […]; f) contractual Conditions, including any minimum contractual period, termination of the contract conditions, procedures and charges related to portability of numbers and other identifiers, when existing, as well as the indication of the formalities and documents to be submitted with the application for portability for the termination of the contract; g) conflict resolution Mechanisms, including those created by the company that provides the network or the service. 3-companies required to publish and make available the information referred to in the preceding paragraphs shall communicate this information to the NRA.

PRESIDENCY of the COUNCIL of MINISTERS-59 4 information published by companies pursuant to the preceding paragraphs can be used free of charge for the purposes of selling or making available interactive guides or other information mechanisms and comparison of conditions of supply to consumers and other end users a free evaluation of the cost of alternative patterns of consumption. 5-the NRA can promote or ensure the availability to the public of the mechanisms referred to above, in particular when check that they are not available for free or at an affordable price. Article 48 [...] 1-without prejudice to the applicable consumer protection legislation, the provision of public communications networks or publicly available electronic communications services is the subject of the contract which must be included in a clear, comprehensive and easily accessible, the following elements: a) [...]; b) services provided, the minimum quality levels of services offered, including the time required for the initial connection, as well as for the other levels of quality of service parameters to be determined in accordance with article 40;

PRESIDENCY of the COUNCIL of MINISTERS 60 c) restrictions on the use of terminal equipment provided, any limitations on the access and use of services, as well as measures implemented to condition traffic to avoid exhaust or exceed the contracted capacity, indicating, in this case, the way these procedures can have an impact on the quality of service; d) information about the availability, or no, access to emergency services and the location information of the caller, as well as about the existence of any limitations to the provision of emergency services, in accordance with article 51; e) kinds of support and maintenance services offered, as well as ways to get in touch with them; f) the details of the prices and the means of obtaining up-to-date information on all prices and charges applicable maintenance, as well as forms of payment and any charges or penalties attaching to each of them; g) [previous article)]; h) [previous subparagraph (f))]; I) method to start the processes of conflict resolution in accordance with article 48; j) [previous paragraph (h))]; l) [previous subparagraph (i))]; m) indication of the possibility of registration of subscriber data in the database provided for in article 46;

PRESIDENCY of the COUNCIL of MINISTERS n 61) measures that the supplier may take as a result of incidents concerning the safety or integrity of the network or to react to threats or situations of vulnerability; the) Subscriber protection measures against risks to personal security, privacy and personal data. 2-the information concerning the duration of contracts must include an indication of the existence of minimum contractual periods associated with, inter alia, the provision of promotional conditions, to support the cost of terminal equipment or payment of charges arising from portability of numbers and other identifiers, as well as indicate any charges resulting from the early termination of the contract on the initiative of the Subscriber, in particular as a result of the recovery of costs associated with the support of terminal equipment. 3-contracts for the provision of electronic communications services concluded with consumers cannot establish an initial duration period exceeding 24 months. 4-companies that provide publicly available electronic communications services shall offer to all users the possibility to conclude contracts for a period of 12 months. 5-Notwithstanding the existence of minimum contractual periods, pursuant to paragraph 1, companies must not establish contractual conditions is disproportionate or excessive contract procedures burdensome and desincentivadores of change of service by the Subscriber.

PRESIDENCY of the COUNCIL of MINISTERS 62 6-where the company proceed to a change of any of the conditions referred to in paragraph 1, shall report in writing to the amendment, by properly, at least a month, and simultaneously inform subscribers of their right to terminate the contract without any penalty, in the case of non-acceptance of the new conditions within the period laid down in the contract. 7-the provisions of the preceding paragraph shall not apply to contractual changes in which it is possible to identify an objective advantage to the Subscriber nor get compensation scheme envisaged for early termination, by subscribers of contracts that establish minimum contractual periods. 8-companies that offer public communications networks or publicly available electronic communications services shall deposit in the ARN and the Directorate-General of consumers (DGC), a copy of the contracts involving, even partly, adherence to contractual clauses that use for the provision of networks and services. 9-the deposit referred to in the preceding paragraph shall be carried out within two working days of the date in which is started using the membership agreement and, where it is intended to replace a contract previously used, you must indicate which model the contract deposited aims to replace. 10-the NRA can determine the immediate cessation of the use of contracts in use by companies offering public communications networks or publicly available electronic communications services or their adaptation, when check your compliance with the rules laid down in the law whose application for supervising or with any determination made within the limits of their jurisdiction, following to that end, the procedure laid down in article 110.

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Article 49 1 Services Availability-companies that provide publicly available telephone services by means of public communications networks shall ensure the highest possible availability of the services in breach of network situations, emergency situations or force majeure. 2-companies that provide publicly available telephone services take all necessary steps to ensure uninterrupted access to emergency services. 3-[Repealed]. Article 50 services 1-telephone subscribers of publicly available telephone services have the right to appear on the complete list available to the public, referred to in (a)) of paragraph 1 of article 89, and that your personal data are made available to providers of directory enquiry services and directories accessible to the public. 2-The end-users of publicly available telephone services have the right to access to services available to the general public, competing to ARN, when necessary to ensure that law, determine the adoption of measures, including imposing obligations, in accordance with article 77.



PRESIDENCY of the COUNCIL of MINISTERS-64 3 cannot be imposed regulatory restrictions which prevent end-users in one Member State from accessing directly the directory enquiry service in another Member State by voice or by text. 4 - […]. 5-the provisions of this article shall be subject to the rules applicable to the protection of personal data and privacy, in particular in the field of electronic communications. Article 51 emergency services and single European emergency number 1-Constitutes rights of end users of electronic communications services that allow making calls to national numbers included in the national numbering plan, including users of public pay telephones, access free of charge and without having to resort to any means of payment, to emergency services using the single European emergency number "112", and any other national emergency number specified by ARN , properly identified in that plan. 2-companies that provide an electronic communications service which allows you to make calls to a number or numbers included in the national numbering plan should ensure the right of access referred to in the preceding paragraph and make available free of charge to the authority responsible for handling emergency calls, information about the location of the caller, at the time when this is received for all calls to the single European emergency number.

PRESIDENCY of the COUNCIL of MINISTERS 65 3-competes to the NRAS establish, by regulation, the criteria of precision and reliability of location information to provide to the authority responsible for handling emergency calls. 4-the organisation responsible for the care and treatment of emergency calls must adopt the necessary measures to ensure appropriate disclosure, in Portugal, of the existence and use of the single European number of emergency calls, in particular through initiatives to foreign citizens who are travelling in the national territory, and to ensure the appropriate and effective care and treatment of outgoing calls to the single European emergency number ' 112 ' or to the number or numbers national staying in business. 5-the undertakings referred to in paragraph 2 shall be made available to end users with disabilities access to emergency services to the equivalent of other end-users, and wherever possible following the European standards and specifications published in accordance with article 29 without prejudice to the adoption of supplementary requirements more demanding for ensuring access to those services. Article 52 [...] 1-companies that offer public communications networks or publicly available electronic communications services may suspend the provision of the services they provide, after proper notice to the Subscriber, except for unforeseeable circumstances or force majeure.

PRESIDENCY of the COUNCIL of MINISTERS 66 2-In case of non-payment of bills, the suspension can occur only after a written warning to the Subscriber, at least ten days to justify the reason for the suspension and notify the Subscriber of the means at its disposal to prevent. 3-[previous No. 2]. 4-[previous paragraph 3]. 5-the termination of the service for non-payment of invoices can only take place when the debt is required and after appropriate warning of eight days, to the Subscriber. Article 53 [...] 1-companies that offer public communications networks or publicly available telephone services are obliged to make available to end-users, whenever technically and economically feasible, the following features:) markup in DTMF-DTMF, ensuring that the public communications network or publicly available telephone services supports the use of DTMF tones as defined in ETSI ETR 207 for end-to-end signaling over the network; b) […]. 2 - […].



PRESIDENCY of the COUNCIL of MINISTERS article 54 67 [...] 1-Without prejudice to other forms of portability to be certain, is guaranteed to all subscribers with numbers included in the national numbering plan who so request the right to keep your number or numbers within the same service, regardless of the company that provides, in the case of geographic numbers in a given location, and in the case of the remaining numbers, throughout the national territory. 2-the companies responsible for implementing portability shall ensure that the transfer of a Subscriber from one company to another, with implementation of the portability, if complete in the shortest possible time and with respect for the wishes of the Subscriber. 3-When subscribers to complete a deal for the transfer of number, the actual transfer of the number to the new company should occur within one working day and the loss of service exceeds this period. 4-wholesale prices related to the provision of number portability must obey the principle of cost orientation, and direct charges to subscribers, if any, discouraging the change of service provider. 5-[previous paragraph 3]. 6-[previous paragraph 4].

PRESIDENCY of the COUNCIL of MINISTERS 68 7-competes to the NRA, after the General procedure of consultation provided for in article 8, determine the rules necessary for the implementation of number portability, including the definition of the global number portability process, taking into account national provisions on contracts, the technical feasibility and the need to ensure continuity of service to the Subscriber, as well as mechanisms of protection for subscribers in particular the fixing of compensation to be paid by the companies, in the event of delay in number portability or undue portability. Article 56 [...] [...]: a) Define relevant product and service markets, taking into account the recommendation of the European Commission issued under Directive No. 2002/21/EC of the European Parliament and of the Council of 7 March 2002, as amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009, hereinafter called recommendation of the European Commission as well as other relevant markets it not foreseen; b) […]; c) […]; d) […].



PRESIDENCY of the COUNCIL of MINISTERS 69 article 57 [...] 1-where the decisions to be adopted in accordance with the previous article liable to affect trade between Member States, should the NRA, after the conclusion of the General procedure of consultation provided for in article 8, observing the following procedure for the consolidation of the internal market: a) Make accessible through appropriate, simultaneously to the European Commission , to berec and the national regulatory authorities of the other Member States, the draft reasoned decision indicating the information confidential; b) Notify the Commission, berec and the national regulatory authorities of the other Member States of the draft decision is accessible and what means available to access. 2-the Commission, berec and the national regulatory authority may give its opinion on the draft decision within one month, which may not be extended. 3-the NRA, after consideration of the comments received, which must be taken into account, or in the absence thereof, may approve the final decision and report to the European Commission and BEREC. 4-exceptions to the provisions of the preceding paragraph, draft decisions of the NRA concerning the following matters, where any of the conditions referred to in paragraph 5: a) definition of the relevant markets other than those listed in the recommendation of the European Commission;

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b) Designation or not of an undertaking with significant market power, either individually or together with others. 5-When is concerned a draft decision referred to in the preceding paragraph which would affect trade between Member States and where the European Commission, under the procedure laid down in paragraph 2, has informed the NRA that it considers that the draft decision is likely to create an obstacle to the internal market, or has serious doubts as to its compatibility with Community law in particular with the objectives of the regulation referred to in article 5, the NRA must postpone the adoption of draft decision for a period of 2 months, non-extendable. 6-When, within a period of two months referred to in the preceding paragraph, the Commission, after obtaining the opinion of BEREC and in accordance with the procedure laid down in Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002, as amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 request to inform RNA remove the draft decision, indicating specific proposals for amendment, the NRA, within 6 months from the date of notification of this decision, shall: a) Withdraw the draft decision, communicating this decision to the European Commission and to berec; (b)) Change the draft decision, submitting it again to the General and specific consultation procedures provided for, respectively, in article 8 and in this article.

PRESIDENCY of the COUNCIL of MINISTERS-71 7 If, within a period of two months laid down in paragraph 1, the European Commission decides to withdraw its reservations about the draft decision, can the NRA to adopt the final decision and report to the European Commission and BEREC. 8-the procedure laid down in this article may not be applied in the cases referred to in the recommendations or guidelines of the European Commission, approved under the procedure laid down in Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002, as amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009. Article 58 [...] 1-[...]. 2 - […]. 3 - […]. 4-[Repealed]. Article 59 [...] 1-[...]. 2 - […]. 3 - […].



PRESIDENCY of the COUNCIL of MINISTERS 72 4-If the NRA determines that a relevant market is not effectively competitive, it is for you to determine which companies which alone or jointly with others, have significant market power on that market and impose appropriate specific regulatory obligations or maintain or amend such obligations, if already exist. 5-If the European Commission, by a decision adopted pursuant to Directive No. 2002/21/EC of the European Parliament and of the Council of 7 March 2002, as amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009, identifying transnational markets, NRAS should proceed, together with the other national regulatory authorities involved , a joint analysis of the market or markets concerned, taking into account the guidelines in order to comment on the imposition, maintenance, amendment or withdrawal of obligations laid down in this title. 6-[Repealed]. Article 60 [...] 1-[...]. 2 - […]. 3-the NRA may consider that two or more undertakings enjoy a joint dominant position when, even in the absence of structural or other relationship between them, they operate in a market which is characterised by a lack of effective competition and in which no joint undertaking has significant market power.

PRESIDENCY of the COUNCIL of MINISTERS 73 4-without prejudice to the case law of the European Court of Justice on joint dominance, NRAS should, in its assessment, using criteria based on certain characteristics of the analysis in terms of market concentration, pondering in particular the following factors: the) [Repealed]; b) [Repealed]; c) […]; d) [Repealed]; e) [Repealed]; f) […]; g) [Repealed]; h) vertical Integration with collective refusal to supply; I) legal or economic high Barriers to access; j) […]; l) […]; m) [Repealed]; n) [Repealed]; the) [Repealed]. 5-where an undertaking has significant market power on a specific market, it may be assumed that also the holds adjacent market, where the links between the two markets are such as to allow this company to use adjacent market, leverage, the power held in first reinforcing its market power.

PRESIDENCY of the COUNCIL of MINISTERS 74 6-in the cases referred to in the preceding paragraph, the NRA may impose, in the adjacent market obligations aimed at preventing the leverage effect, in accordance with articles 67, 68, 69, 70, 71, 74, 75 and 76 and, if these are insufficient, in accordance with article 85. Article 63 [...] 1-In exercise of the powers provided for in this chapter, the NRAS should, in accordance with the objectives of the regulation referred to in article 5, encourage and, where appropriate, ensure adequate access and interconnection, as well as the interoperability of services, with a view to promoting efficiency, sustainable competition, efficient investment and innovation and provide the maximum benefit to end-users. 2 - […]. 3 - […]. Article 64 [...] 1-[...]. 2-operators have a right and, when requested by others in the exercise of the right provided for in paragraph 1 (a)) of article 22, an obligation to negotiate interconnection with each other with a view to the provision of publicly available electronic communications services, in order to ensure provision and interoperability of services. 3 - […]. 4 - […].

PRESIDENCY of the COUNCIL of MINISTERS article 66 75 [...] 1-[...]:) [...]; b) […]; c) […]; d) […]; e) […]; f) obligation for functional separation, in accordance with article 76-a. 2-[...]. 3 - […]. 4-exceptionally and where appropriate, the ARN can impose declared operators with significant market power obligations other than those provided for under (a))) of paragraph 1, upon prior authorization from the European Commission pursuant to Directive No. 2002/19/EC of the European Parliament and of the Council of 7 March 2002, as amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009, for what must submit a draft decision.

PRESIDENCY of the COUNCIL of MINISTERS Article 76 67 [...] 1-the obligation of transparency consists in the requirement to advertise, as appropriate, the information relating to the provision of access and interconnection of the operator, in particular accounting information, technical specifications, network characteristics, terms and conditions for supply and use, including prices and all conditions that limit the access to or the use of services and applications , as long as permitted by law or applicable regulations. 2 - […]. Article 69 minimum elements to be included in the reference offers 1-where an operator is subject to the obligation to provide physical access to network infrastructure, including unbundled access to the local loop, to publish a reference offer containing at least the following information, without prejudice to the provisions of paragraph 2 of the preceding article:) [...]; b) […]; c) […]; d) […].

PRESIDENCY of the COUNCIL of MINISTERS 77 2-[...]: a) detailed information, including location, concerning physical access points and network elements that are the subject of the provision of access, including the attachments, including, in particular, unbundled access (including availability of local loops and sub-lacetes), complete and shared, the cabinets and the distribution of, and including, when applicable , access to resources and infrastructure that enable the installation of access and transport networks on the part of the beneficiaries, such as pipelines and associated infrastructure, and cable paths inside the local or central service points; b) [Repealed]; c) technical conditions related to access and use of local loops and sub-lacetes, including the technical characteristics of the metallic access and or and or equivalent fiber optic, cable distribution, related services and, when appropriate, technical conditions of access to ducts and associated infrastructure; d) […]. 3-for the purposes of subparagraph b) of paragraph 1, the following should be specified: a) updated information on the relevant existing local operator with significant market power or equipment locations and planned update thereof, and the availability of this information be limited exclusively to interested parties for reasons of public security;

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b) collocation options at the sites identified in the preceding paragraph, including physical collocation (in open space) and, if appropriate, the collocation and virtual co-location; c) equipment characteristics, including restrictions, if any, on equipment that can be co-located collocation; d) security standards, including measures adopted by notified operators to ensure the security of its premises; and personal access Conditions) traders entitled to the access, including the conditions to which the beneficiaries may visit the places where it is possible the collocation or sites whose co-installation was refused on grounds of lack of capacity; f) [Repealed]; g) […]; h) [Repealed]. 4 - […]. 5 - […]. Article 72 [...] 1-[...]. 2-[...]: a) Grant third parties access to elements and or specific network resources, including access to network elements which are not active and/or unbundled access to the local loop; b) […];

PRESIDENCY Of The COUNCIL Of MINISTERS 79 c) [...]; d) […]; and Offer specific services) in order to ensure users the interoperability of end-to-end services, including resources for intelligent network services or roaming on mobile networks; f) […]; g) offer services specific for resale by a third party wholesalers; h) […]; I) provide access to associated services such as identity, location and presence service; j) allow selection and pre-selection of operator and or offering of re-rental of subscriber line; l) [previous subparagraph (i))]. 3 - […]. 4-in the decision to impose the obligations laid down in the preceding paragraphs, in particular in assessing the proportionality of its application vis-à-vis the regulatory objectives set out in article 5, the NRAS must take particular account of the following factors: the) technical and economic feasibility of using or installing competing resources, depending on the pace of market development, taking into account the nature and type of interconnection and/or access concerned , including the viability of other upstream access products, such as access to infrastructure, particularly pipelines;

PRESIDENCY Of The COUNCIL Of MINISTERS 80 b) [...]; c) owner's initial investment of resources, taking into account public investment and the risks involved in making the investment; d) need to safeguard competition in the long term, giving particular attention to efficient competition in economic terms, the level of infrastructure; e) […]; f) […]. Article 73 [...] 1-where necessary to ensure normal operation of the network, to impose the obligations laid down in the previous article, the NRA may provide technical or operational conditions applicable to the supplier or the beneficiary of the access and. 2-When the conditions imposed in accordance with the preceding paragraph refer to the application of specific technical standards or specifications shall comply with the rules applicable in the field of standardisation, in accordance with article 29.



PRESIDENCY of the COUNCIL of MINISTERS 81 Article 74 [...] 1-When a market analysis indicates that a potential lack of effective competition means that operators can keep the prices at an excessively high level, or can apply a price margin compression at the expense of end-users, the NRAS may impose obligations of amortization of costs and price control , including the obligation of cost orientation of prices and the obligation to adopt cost accounting systems, for the purpose of offering specific types of access or interconnection. 2-[...]: a) take into account the investment made by the operator, particularly in new generation networks, allowing him a reasonable rate of return on the capital invested, which reflects all the risks inherent in a new investment project in networks; b) […]. Article 75 [...] 1-operators subject to the obligation of cost orientation of prices should demonstrate that the charges are based on costs, including a reasonable rate of return on investments. 2 - […]. 3 - […].

PRESIDENCY of the COUNCIL of MINISTERS Article 82 76 [...] 1-[...]. 2-the NRA publicly available description of the cost accounting systems referred to in paragraph 1, showing at least the main categories under which costs are grouped and the rules used for the allocation thereof. Article 77 [...] 1-competes to the NRAS impose obligations for access and interconnection at any company, regardless of whether or not significant market power, as follows: a) on undertakings that control access to end-users, to the extent necessary to ensure end-to-end connectivity, including, when warranted, the obligation to have linked their networks; b) on undertakings that control access to end-users, when justified and to the extent necessary to ensure the interoperability of services; c) to provide access to the API (application program interfaces) and the GEP (electronic programme guides), on a fair, reasonable and non-discriminatory basis, to the extent necessary to ensure accessibility for end-users to digital radio and television programs specified under the law by the competent authorities.

PRESIDENCY Of The COUNCIL Of MINISTERS-83 2 [Repealed]. 3-the obligations imposed in accordance with paragraph 1 shall be objective, transparent, proportionate and non-discriminatory and be applied in accordance with articles 8, 57 and 57-a. Article 78 [...] 1-all operators of conditional access services, irrespective of the means of transmission, offer access to services of television programmes and digital radio, and of which depend on the operators of television and radio to reach any group of potential viewers or listeners must: a) offer all television and radio operators, through a fair, reasonable and non-discriminatory basis compatible with Community competition law, technical services enabling the services of television programmes and digital radio to be received by viewers or listeners authorised by means of decoders administered by the operators of conditional access services, as well as comply with Community competition law; b) […]. 2-having regard to the provisions of subparagraph (a)) of the preceding paragraph, the conditions of the offer, including pricing, disseminated by distribution operators should specify the provision of conditional access-related materials. 3 - […].

PRESIDENCY of the COUNCIL of MINISTERS 84 4-for the purposes of the preceding paragraph, the NRAS to publish on its Internet site, the references of the applicable technical specifications. Article 81 [...] 1-[...]. 2-[...]: a) accessibility for end-users to radio and television broadcasts and services specified in article 43; and (b)) [...]. 3 - […]. 4 - […]. Article 85 checks at retail markets 1-[...]:) [...]; b) Consider that the imposition of the obligations laid down in articles 67 to 76 wouldn't work the regulatory objectives set out in article 5. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6 - […].

PRESIDENCY Of The COUNCIL Of MINISTERS 85 7-[Repealed]. Article 86 [...] 1-the universal service consists of the minimum set of services defined in this chapter, of specified quality which is available to all end-users, regardless of their geographical location and at an affordable price. 2 - […]. 3 - […]. Article 87 [...] [...]:) connection to a public communications network at a fixed location and provision of telephone service accessible to the public through that connection; b) […]; c) […]. Article 88 mains connection and telephone services at a fixed location 1-The universal service providers shall comply with all reasonable requests for connection to a public communications network at a fixed location, as well as the provision of a publicly available telephone service through that connection.

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2-the connection to the public communications network referred to in paragraph 1 must allow the end users to establish and receive voice, facsimile communications and data communications, with enough debt to achieve functional Internet access, taking into account prevailing technologies used by the majority of subscribers and technological feasibility. 3-telephone service that alludes to in paragraph 1 must allow subscribers and users to make and receive national and international calls and access, through the national relief number defined in national numbering plan, the various emergency systems. 4-it is the Member of Government responsible for the communications area, taking into account the specific circumstances of the domestic market, after opinion of the NRA, the minimum necessary debts that network access available on the scope of universal service should support to achieve functional Internet access referred to in paragraph 2. Article 90 [...] 1-RNA shall define, after consultation in accordance with article 8, the obligations of the applicable universal service providers in the provision of public pay telephones or other access points to the voice telephony service accessible to the public, so as to ensure the reasonable needs of the public, including users with disabilities. 2 - […]. 3-Notwithstanding the preceding paragraphs, the public pay telephones provided by universal service providers should allow: PRESIDENCY of the COUNCIL of MINISTERS the 87) the establishment of local and national telephone calls, involving geographic and non-geographic numbers, in accordance with the national numbering plan, and international telephone calls; b) [previous (a))]; c) [previous subparagraph (b))]. 4-The pre-purchased phone cards for access to publicly available telephone services through stations operated by universal service providers should conform to a single type, in order to enable its use in any public available within the scope of universal service. 5 - […]. Article 91 [...] 1-[...]. 2-notwithstanding that it is determined by NRAS pursuant to the following paragraph, the universal service provider must ensure the provision free of charge of the following specific offerings: a) handset amplifier Equipment, in order to increase the volume in the headset, for people with hearing impairments; b) call indicator light, which is a device that activates a visual signal when the terminal equipment receives a call;

PRESIDENCY of the COUNCIL of MINISTERS 88 c) simple Invoice in Braille; d) line with fixed target, allowing the automatic establishment of calls to a given target set by the client; e) possibility to make calls to a number of free calls to information service lists. 3-it is up to the NRA, after the General procedure of consultation provided for in article 8, to assess the need to provision by the universal service provider (s) of specific offerings for users with disabilities, as well as decide on the terms and conditions of the offers to be made available. 4-for the purposes of the preceding paragraph, the NRA shall not impose universal service providers the availability of specific offerings for users with disabilities when, as a result of obligations imposed on undertakings that provide publicly available electronic communications services, are achieved the objectives set out in paragraph 1. 5-[previous paragraph 4]. 6-in the adoption of the measures provided for in the preceding paragraphs, the NRA must comply with the provisions of article 29. Article 92 [...] 1-[...]. 2 - […]. 3 - […].

PRESIDENCY of the COUNCIL of MINISTERS 89 4-the NRA can still specify the content, form and manner in which the information referred to in the preceding paragraphs shall be made available, in order to ensure that consumers and other end-users have access to clear information, complete and comparable. 5 - […]. 6 - […]. Article 93 [...] 1-competes to the NRAS to ensure that ensure the affordability of the services of the universal service, taking into account in particular national consumer prices and income. 2-the NRA must accompany the evolution of the prices charged by the various benefits identified in article 87, offered by designated bodies for the provision of the universal service or by most companies, when such designation has not occurred. 3-for the purposes of paragraph 1, the NRA should assess and decide on the most appropriate means to ensure the affordability and may determine: a) the availability of different tariff packages of options offered in normal commercial conditions, in particular to ensure that consumers with low incomes or special social needs are not prevented from accessing an electronic communications network at a fixed location or use any of the services included in the universal service;

PRESIDENCY of the COUNCIL of MINISTERS 90 b) imposing price caps and to apply common tariffs, including geographical levelling of prices throughout the country; c) Other similar schemes. 4-[previous paragraph 3]. 5-[previous paragraph 4]. 6-[previous No. 5]. Article 94 [...] 1-subscribers can check and control their charges for the use of public communications network and publicly available telephone services associated with it, the universal service providers must make available the following minimum set of features and mechanisms: a) [...]; b) selective and Bus free outgoing calls to types or to defined types of numbers and SMS or MMS premium rate numbers or other services or value-added applications based on sending messages, at the request of the Subscriber, without prejudice to article 45; c) pre-payment systems of access to the public communications network and use of publicly available telephone services; d) escalated the price of Payment connection to the public communications network; e) […];

PRESIDENCY of the COUNCIL of MINISTERS 91 f) tariff advice service that allows subscribers to get information on possible rates lower or more advantageous alternatives; g) cost control of telephone services, including free alerts to consumers who have abnormal consumption patterns, which reflect a significant increase of average consumption values. 2-[...]: a) starting price of connection to the public communications network at a fixed location and provision of telephone service through that network, where applicable; b) […]; c) […]; d) […]; e) […]; f) […]; g) […]. 3-The universal service providers may, at the request of the Subscriber, offer detailed invoicing with higher levels of discrimination established in the preceding paragraph, free of charge or for a reasonable price, and should not, in any case, be included in the detail of the invoices the information made available to the subscriber calls free of charge, in particular calls to helpdesks.

PRESIDENCY of the COUNCIL of MINISTERS 92 4-for the purposes of subparagraph b) of paragraph 1, the NRAS to define the types of calls or communications likely to bus, ears universal service providers. 5 - […]. 6-When the universal service providers offer additional features and services beyond those provided for in article 87 or in subparagraph (a)) of paragraph 3 of article 93, shall establish terms and conditions in such a way that subscribers are not required to pay for unnecessary features or services to the service request. Article 96 [...] 1-[...]. 2 - […]. 3-for the purposes of point (b)) of the preceding paragraph, shall be deemed to be included in this category end-users or groups of end-users which would not be served by a commercial operator that did not have the obligation to provide the universal service. 4 - […]. 5 - […]. Article 97 [...] 1-[...]:) [...];

PRESIDENCY of the COUNCIL of MINISTERS 93 b) cost sharing by other undertakings providing, on the national territory, public communications networks and publicly available electronic communications services. 2-whenever there is rise to the application of the mechanism provided for in subparagraph (b)) of the preceding paragraph, must be established a compensation fund, for which contribute the companies offering public communications networks or publicly available electronic communications services administered by the NRA or any other independent body appointed by the Government, in this case under the supervision of the NRA. 3 - […]. 4 - […]. 5 - […]. 6 - […]. Article 99 [...] 1-[...]. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6-the transfer of all or a substantial part of the assets of access network by the universal service provider (s) must be reported to the NRA, at least 90 days prior to the date scheduled for their achievement.

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7-With the notification referred to in the preceding paragraph, the universal service providers shall make available to the NRA the identification of the beneficiary or beneficiaries of the assignment, the contractual terms and conditions to which it is subject, the way they propose to ensure that the universal service obligations, as well as any additional information that is requested by NRAS under article 108 for assessment of the notified operation. 8-it is up to the NRA to evaluate the effects of assignment referred to in the preceding paragraphs in the provision of network access and services provided for in article 88, and, when justified and without prejudice to the powers of the Government, impose, change, or delete. Article 101 [...] Companies that establish public communications networks for the distribution of digital television services shall ensure that these networks are able to distribute television programmes services of wide-screen and network operators that receive and redistribute these services and programs keep the same format. Article 102 [...] 1-[...]:) [...]; b) […];

PRESIDENCY of the COUNCIL of MINISTERS 95 c) providers of digital tv services and equipment must cooperate in the provision of interoperable tv services for disabled end-users. 2 - […]. 3 - […]. Article 103 [...] 1-[...]. 2 - […]. 3 - […]. 4 - […]. 5-it is up to the NRA to advertise on their website references of the standards referred to in paragraphs 2 and 4. Article 104 [...] 1-[...]. 2 - […]: a) […]; b) […];



PRESIDENCY of the COUNCIL of MINISTERS 96 c) "protected service" means any service of television programs, radio or on the information society, since it provided against remuneration and on the basis of conditional access, or the provision of conditional access to those services considered as a service in itself. 3 - […]. 4 - […]. 5 - […]. Article 105 [...] 1-[...]. 2-The amounts of the fees referred to in points (a))) of the preceding paragraph shall be fixed by order of the Member of Government responsible for the communications area, and ARN's recipe. 3-the use of frequencies covered by a right of use, is subject to the rates fixed pursuant to Decree-Law No. 151/2000, as amended by decree-laws Nos. 167/2006 of 16 August and 264/2009, of September 28. 4 - […]. 5 - […]. 6 - […].



PRESIDENCY of the COUNCIL of MINISTERS Article 97 108 [...] 1-entities that are subject to obligations in accordance with this law, shall provide the NRA all the information related to its business, including financial information and information on future developments of networks or services that may have an impact on the wholesale services that offer to competitors, for the NRA to exercise all the powers provided for in the law. 2-in addition to the provisions of paragraph 1, the entities with significant market power in the wholesale markets, they must still provide the NRA info on the accounting data on the retail markets associated with those wholesale markets. 3-for the purposes of the preceding paragraphs, the entities should identify, so grounded, the information they consider confidential and must join, as appropriate, a non-confidential copy of the documents on which they contain such information. 4-[previous paragraph 3]. 5-[previous paragraph 4]. 6-When the NRA provide the European Commission, BEREC or ENISA, by request of these entities, information obtained pursuant to the preceding paragraphs, shall inform the companies involved and may apply to other institutions and that the courts do not expressly make available to other regulatory authorities.

PRESIDENCY of the COUNCIL of MINISTERS 98 7-information provided to NRAS pursuant to this article, can be communicated to berec and regulatory authorities of other Member States, further to a reasoned request, when necessary so that they can exercise their responsibilities under Community law. 8-Without prejudice to the final part of paragraph 6, should be ensured by the European Commission, by BEREC, by ENISA and the national regulatory authorities of the other Member States the confidentiality of information provided by the NRAS when this has identified as such in accordance with applicable law. Article 109 [...] 1-[...]:) [...]; b) [...]; c) case-by-case Verification of compliance with the conditions laid down in articles 27, 32 and 37, when a complaint has been received, either on his own initiative; d) [...]; e) [...]; f) [...]; g) Safeguard effective use and ensure an efficient management of frequencies;

PRESIDENCY of the COUNCIL of MINISTERS 99 h) Evaluate future developments at the level of networks or services that may have an impact on the wholesale services made available to competitors; I) Evaluate the security and integrity of networks and services, in the context of security policies adopted. 2-the information referred to in paragraph 1 (b)) (a) (i)) of the preceding paragraph, may not be required in advance or as a condition for the exercise of the activity. Article 110 [...] 1-without prejudice to other applicable sanction mechanisms, where the NRA finds that an undertaking does not respect one or more of the conditions referred to in articles 27, 28, 32 and 37, it shall notify the company accordingly and give you the possibility to comment within a period of not less than 10 days. 2-after completing the hearing under the preceding paragraph, the NRAS may require the company to cease the breach immediately or within a reasonable period, which the NRA to the effect. 3-for the purposes of the preceding paragraph, the NRA can: a) Implement periodic penalty payments in accordance with this law; b) issue orders of cessation or continuance of the provision of services or packages of services whose provision is likely to cause significant damage to competition, in force until they are fulfilled the obligations regarding access, imposed in accordance with article 66.

PRESIDENCY of the COUNCIL of MINISTERS-100 4 the measures imposed and the reasons therefor shall be communicated by the NRA to the undertaking concerned, within two days after its adoption. 5-In case of serious or repeated failure to fulfil the conditions referred to in articles 27, 28, 32 and 37, when the measures imposed under paragraphs 3 and 4 have not led to the desired compliance, RNA can immediately determine the suspension of the company's activity or to carry out the suspension, up to a maximum of two years, or to repeal all or part of its rights of use. Article 111 [...] 1-when you have evidence of any breach of the conditions laid down in articles 27, 28, 32 and 37, that represents a serious and immediate threat to public security or public health, or that create serious economic or operational problems to other providers or users of electronic communications networks or services or other users of the radio spectrum or numbering resources can the NRA to take urgent interim measures to remedy the situation, before taking a final decision, fixing the term of their validity, which shall not exceed three months. 2 - […]. 3-After the hearing provided for in the preceding paragraph, the NRA may confirm the interim measures, whose validity can be extended for three more months, at most, in case the final decision not to be taken. 4-[previous paragraph 3].

PRESIDENCY of the COUNCIL of MINISTERS 101 article 112 [...] ARN is responsible for the supervision of compliance with the provisions of this law and its regulations, through its supervisory agents or representatives duly accredited by the Board of Directors, without prejudice to the powers attributed to other entities, in particular the Food and economic Safety Authority (EFSA), the Directorate General of Customs (DGA), the CNPD, the Directorate-General for Consumers (DGC) and competent authorities. Article 113 [...] 1-Without prejudice to any other penalties are light offenses: a) the breach of the obligation to notify the agreements referred to in paragraph 1 of article 25; b) failure to comply with mandatory standards and specifications, in violation of paragraphs 1 and 5 of article 29; c) the lease and the transfer of rights of use without communication, in violation of paragraph (b), respectively) of paragraph 4 and paragraph 8, both of article 34; d) violation of the obligation provided for in paragraph 4 of article 39; and) the violation of the obligation set pursuant to paragraphs 1, 2 and 4 of article 40; f) subscribers ' rights provided for in paragraph 1 of article 50;

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g) the obligation to comply with paragraph 1 of article 53; h) violation of the obligations laid down in paragraphs 2 and 3 of article 78; failure to comply with the obligation I) referred to in paragraph 1 of article 79; j) non-compliance with the conditions laid down in paragraphs 1 and 2 of article 80; 2-Without prejudice to any other penalties applicable, constitute serious offenses: a) the lack of cooperation with the NRAS, in violation of paragraph 5 of article 10; b) non-compliance with the obligations laid down in paragraphs 1, 2, 6 and 7 of article 21; c) the violation of the terms of article 23; d) the failure to comply with the determination of shares referred to in paragraph 2, as well as non-compliance with the conditions determined in accordance with paragraphs 3 and 4 of article 25; e) non-compliance with the rules set out in the offer referred to in paragraph 4 of article 26; f) non-compliance with the conditions laid down pursuant to paragraph 1 (b)) f), h) the q), s) and t) of paragraph 1 and paragraph 2 of article 27; g) the failure of any specific obligations provided for in article 28; h) failure to observe any of the conditions laid down pursuant to paragraphs 1 and 2 of article 37, with the exception of the constant f) of paragraph 1 of that article;

PRESIDENCY of the COUNCIL of MINISTERS 103 i) the transfer of rights of use for numbers, in violation of the terms and conditions defined by NRAS, in accordance with article 38; j) the violation of the rights of the users of the end users and subscribers, in breach of paragraphs 1 to 3 of article 39; l) failure of the obligation provided for in paragraph 5 of article 39; m) failure to comply with the requirements and requirements determined by NRAS pursuant to paragraph 6 of article 39; n) non-compliance with the obligations laid down in paragraphs 1 to 3 of article 44; the) violation of right of end-users, provided for in paragraph 2 of the article 44; p) failure of bus, in violation of paragraphs 1, 3, 4, 6 and 7 of article 45; q) refusing to hire, in violation of paragraph 5 of article 46; r) the breach of the obligation of information referred to in paragraphs 1 to 3 of article 47; s) preventing the use of information, in violation of paragraph 4 of article 47; t) violation reporting obligations provided for in paragraphs 1 to 3 of article 47; u) non-compliance with the obligations laid down in paragraphs 1 to 4, 6, 8 and 9 of article 48; v) the violation of the obligations and requirements set out in paragraphs 1 and 2 of article 48;

PRESIDENCY of the COUNCIL of MINISTERS 104 x) the violation of the rights of end-users, as provided for in paragraph 2 of article 50; z) the suspension or termination of the service, in violation of article 52; AA) the infringement of the right of subscribers to portability provided for in paragraph 1 of article 54, the non-compliance with the obligations laid down in paragraphs 2, 3 and 4 of article 54 and the obligations established pursuant to paragraphs 5 and 7 of article 54; BB) non-compliance with the measures referred to in paragraph 2 of article 54-C; CC) the non-compliance with the additional requirements referred to in article 54-D; DD) non-compliance with certain obligations under article 54 (b)); EE) the opposition or the creation of obstacles to the audit referred to in paragraph 1 of article 76; FF) the violation of the obligations laid down in paragraphs 1 and 2 of article 76; Gg) non-compliance with the obligations laid down in paragraphs 1 to 4 of article 92; HH) the opposition or the creation of obstacles to the audit referred to in paragraph 6 of article 92; II) non-compliance with the obligations laid down in paragraphs 1 and 6 of article 94; JJ) to violating the obligations laid down in paragraphs 1 to 4 of article 103; LL) the practice of the activities provided for in point (d)) of paragraph 1 of article 104;

PRESIDENCY of the COUNCIL of MINISTERS 105 mm) the violation of the provisions of paragraphs 1 to 3 and 5 of article 108. 3-Without prejudice to any other penalties applicable, constitute very serious breaches: the failure of the decision) ARN take on the dispute settlement process, in violation of paragraph 1 of article 10 and of paragraph 2 of article 12; (b) to comply with the obligation) referred to in paragraph 1 of article 26; c) the failure of a reasoned decision issued pursuant to paragraph 3 of article 26; (d) failure to comply with the obligation to) provision of the offer referred to in paragraph 4 of article 26, in accordance with the conditions of access and use defined by NRAs; e) non-compliance with the conditions laid down under (a)) and g) of paragraph 1 and paragraph 2 of article 27; f) the use of frequencies without obtaining their right of use, when required, or in accordance with the terms thereof, in violation of paragraph 1 of article 30 g) failure to observe any of the conditions laid down in accordance with the provisions of paragraphs 1 and 2 of article 32, with the exception of the constant f) of paragraph 1 of that article; h) the transfer of rights of use of frequencies without communication, in violation of paragraph (a)) of paragraph 4 of article 34, as well as the transfer of such rights in violation of paragraph 6 and the rules laid down under paragraph 7 of the same article;

PRESIDENCY of the COUNCIL of MINISTERS 106 i) the breach of any of the policies or measures imposed under paragraph 2 of article 35; j) the use of numbers without obtaining their right of use or noncompliance with the terms thereof, in violation of paragraph 1 of article 36; l) non-compliance with the obligations laid down in paragraphs 1 and 3 of article 41; m) non-compliance with the measures laid down in paragraphs 1 and 3 of article 42; n) failure of the obligation of carriage referred to in paragraph 1 and in accordance with paragraph 3 of article 43; the) non-compliance with the conditions laid down in paragraphs 3 and 4 of article 46; p) the refusal to hire, in violation of paragraph 6 of article 46; q) does not comply with the determinations of the NRAS, in accordance with paragraph 10 of article 48; r) non-compliance with the obligations laid down in paragraphs 1 and 2 of article 49; s) the violation of the obligation provided for in paragraph 4 of article 50; t) the infringement of the right of the users referred to in paragraph 1 and the violation of the obligation provided for in paragraphs 2, 3 and 5 of article 51; u) non-compliance with the obligations referred to in article 54; v) the failure to comply with the obligation imposed in article 54-B; the) observance of technical implementing measures referred to in paragraph 1 of article 54-C;

PRESIDENCY of the COUNCIL of MINISTERS 107 z) non-compliance with the obligations laid down in paragraphs 1, 2 and 4 of article 54-F; AA) the opposition or the creation of obstacles to the audit referred to in paragraph 3 of article 54-F; BB) non-compliance with the binding instructions referred to in paragraph 1 of article 54-G; CC) the non-compliance with the obligations laid down in paragraph 3 of article 63; DD) non-compliance with the obligations laid down in paragraphs 1 and 2 of article 64; EE) violation of obligations of confidentiality laid down in paragraphs 1 and 2 of article 65; FF) the failure of any of the obligations imposed in accordance with paragraphs 1, 3 and 4 of article 66; Gg) non-compliance with the conditions imposed under paragraph 1 of article 73; HH) the violation of the obligations imposed in accordance with paragraph 4 of article 76; II) the violation of the obligations imposed under paragraph 1 of article 77; JJ) the violation of the obligation provided for in paragraph 1 of article 78; LL) the non-compliance with the obligations imposed in accordance with paragraphs 1, 3 and 5 of article 85; mm) the opposition or the creation of obstacles to the audit referred to in paragraph 6 of article 85;

PRESIDENCY of the COUNCIL of MINISTERS 108 nn) the violation of the obligations laid down in paragraphs 1 to 3 of article 88; OO) the violation of the obligations and conditions laid down in paragraphs 1 to 3 and in accordance with paragraph 5 of article 89; pp) non-compliance with the obligations set out under the terms of paragraphs 1, 3 and 4 of article 90; QQ) the non-compliance with the obligations imposed in accordance with paragraphs 1, 2, 3 and 5 of article 91; RR) failure of performance targets laid down pursuant to article 92, paragraph 5; SS) non-compliance with the regulations issued pursuant to paragraphs 3 and 5 and of the obligations imposed under paragraph 4 of article 93; TT) the failure to comply with the contribution requirement in violation of paragraph 2 of article 97; uu) non-compliance with the obligations laid down in paragraphs 6, 7 and 8 of article 99 vv) the violation of the obligations referred to in article 101; XX) non-compliance with the obligations laid down in paragraphs 1 to 3 of article 102; ZZ) the practice of the activities referred to in paragraph 1 (b)) and c) of paragraph 1 of article 104; AAA) disrespect for decisions to impose provisional measures, in accordance with paragraph 1 and 3 of article 111; BBB) failure to comply with orders or orders regularly communicated to RNA's legitimate recipients.

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4-Are serious offences under Regulation (EC) no 717/2007 of the European Parliament and of the Council of 27 June 2007 on roaming on public mobile communications networks in the community, as was conferred by Regulation (EC) No 544/2009 of the European Parliament and of the Council of 18 June 2009: a) the breach of the obligations arising out of article 4 , of paragraphs 1 to 6 of article 4-Article 6 and Article 6a of that regulation; b) the violation of the obligation to inform provided for in paragraph 4 of article 7 of that regulation. 5-Constitute serious offences under the Regulation referred to in the preceding paragraph: a) the violation of the obligations arising out of paragraphs 1 and 2 of article 3, article 4-A and article 4 C of the said regulation; b) violation of determinations issued by the NRA in the use of the powers conferred by paragraphs 5 and 6 of article 7 of that regulation. 6-The minor offenses are punishable by the following fines: a) If committed by a natural person, € 100 to € 2 500; b) If committed by a micro-enterprise, of € 200 to € 5,000; c) If practiced by small business, for € 500 to € 10 000; d) If practised by medium-sized enterprise, € 1 000 to € 20 000; e) If practiced by large company, € 2 000 to € 100 000. 7-The serious offences are punishable by the following fines: a) If committed by a natural person, € 250 to € 7 500;

PRESIDENCY of the COUNCIL of MINISTERS 110 b) If practised for microenterprise, € 1 000 to € 10 000; c) If practiced by small business, € 2,000 to € 25 000; d) If practised by medium-sized enterprise, € 4 000 to € 50 000; e) If practiced by large company, of € 10 000 to € 1 000 000. 8-The very serious offences are punishable by the following fines: a) If committed by a natural person, € 750 to € 20 000; b) If practised for microenterprise, € 2 000 to € 50 000; c) If practiced by small business, € 6 000 to € 150 000; d) If practised by medium-sized enterprise, € 10,000 to € 450 000; e) If practiced by large company, of € 20 000 to € 5 000 000. 9-where the alleged infringement resulting from the failure to comply with a legal duty or an order issued by the NRA, the application of sanctions and compliance do not exempt the offender from the line of duty or of the order, if this is still possible. 10-in the cases referred to in the preceding paragraph, the offender can be subjected by the NRA to duty or order the order concerned, whose failure to comply within the time allowed may determine the application of a penalty payment, pursuant to article 116. 11-in the administrative offences provided for in this law, are punishable to attempt and negligence.



PRESIDENCY of the COUNCIL of MINISTERS Article 111 114 [...] 1-in addition to the penalties laid down in the preceding article, may also be applied where the seriousness of the offence and the guilt of the appropriate agent, the following penalties: a) Loss to the State of objects, equipment and illicit devices, the contravention referred to in points (a) ll) and jj) of paragraph 2 and in paragraph zz) of paragraph 3 of the preceding article; b) Prohibition of the exercise of their activity to a maximum of two years, in the contravention referred to in point (f)) of paragraph 2 and in paragraph 1 (a)), and), f), (h)), j), m), n) and bb) of paragraph 3 of the preceding article; c) Deprivation of the right to participate in competitions or arrematações promoted under this diploma to a maximum of two years, in the contravention referred to in points (a) to (f)), h), m) and (n)) of paragraph 3 of the preceding article. 2-When is the loss of objects, equipment or illicit devices in favor of the State, in accordance with subparagraph (a)) of the preceding paragraph, its owner or keeper is obliged to make delivery on RNA, within 30 working days of notification of the decision to determine. Article 115 [...] 1-the application of admonitions and the fines and penalties provided for in this law, as well as the archiving of a misdemeanour procedures fall within the competence of the Board of Directors of ARN.

PRESIDENCY Of The COUNCIL Of MINISTERS-112 2 [...]. 3 - […]. 4 - […]. 5-[Repealed]. 6-the exception to the preceding paragraphs the non-compliance with the conditions laid down in paragraphs 3 and 4 of article 46 and the CNPD initiation and arraignment of a misdemeanour, as well as the implementation of their respective fines, the amount of reverts in 40% to this entity. Article 116 [...] 1-Without prejudice to any other penalties applicable in the event of failure of NRA's decisions imposing administrative sanctions or order, in exercising powers legally you attend, the adoption of behaviors or certain measures on undertakings that provide electronic communications networks and services, can this, as appropriate, impose periodic penalty payments, in particular in the cases referred to in (a)) and g) of paragraph 1 , points (d)), and), gg) and jj) of paragraph 2, points (a)), b), c), (d)), h), l), m), n), q), s), bb), cc), ff), hh), ii), jj), ll), mm), oo), qq), ss), tt), aaa) and bbb) of paragraph 3, point (b)) and paragraph 4 (b)) of paragraph 5, article 113A all. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6 - […].

PRESIDENCY of the COUNCIL of MINISTERS Article 113 120 [...] 1-[...]:) [...]; b) ongoing consultation procedures pursuant to articles 8, 57 and 57-as well as the results of completed processes, except confidential information; c) rights, conditions, procedures, fees and decisions concerning general authorisations and rights of use and install facilities; d) […]; e) […]; f) […]; g) […]; h) […]; I) [...], j) arbitration and mediation mechanisms in accordance with paragraph 1 of article 48-b. 2-[...]. 3 - […]. 4 - […]: a) […]; b) […];

PRESIDENCY of the COUNCIL of MINISTERS 114 c) identification of undertakings designated as universal service providers as well as the obligations imposed on undertakings; d) [previous subparagraph (c))]. Article 121 revaluation of rights to use frequencies 1-the holders of rights to use frequencies allocated before 25 May 2011 and which remain valid until 25 may 2016, can even this same date provide the NRA a request for reassessment of restrictions of technological neutrality and of services to its rights, suitable in the restrictions provided for in paragraphs 2 to 5 of article 16-a. 2-RNA in the analysis of requests for reassessment of the restrictions to the rights of use that are made pursuant to the preceding paragraph, shall take appropriate measures to promote fair competition. 3-the NRA shall notify the holder of the right to use the outcome of the re-evaluation, giving you the possibility to, within a period of not less than 10 days, rule or withdraw the request. 4-If the holder of the right of use remove the application, the right of use remains unchanged until the date of its expiry or until 25 may 2016, whichever occurs sooner. 5-After 25 may 2016, the NRA shall take the necessary measures to ensure the applicability of article 16A (a) all authorisations, rights of use for frequencies and spectrum assignments used for electronic communications services, in May 25 2011. 6-[Repealed].

PRESIDENCY of the COUNCIL of MINISTERS 115 122 maintenance of rights and obligations 1 – companies retain the rights to use numbering resources and frequencies awarded before the publication of this law until the expiry of the period laid down in the respective title of attribution, when such a term exists. 2-are still applicable all the obligations assumed by the licensed companies in tenders conducted prior to publication of this law, by keeping in force at the relevant their instruments. 3-Notwithstanding the provisions of article 43, should not be kept the legislative or administrative measures which oblige operators, when granting access or interconnection, to offer different terms and conditions to different undertakings for equivalent services and/or imposing obligations that are not related to access and interconnection services actually provided, in this case without prejudice to the conditions laid down in articles 27 , 32 and 37. Article 123 [...] 1-The obligations referred to in article 43 shall be subject to revision until 25 may 2012, by specification, by the regulatory authority for the media, television programmes and services of radio that should be subject to an obligation to transport undertakings that provide electronic communications networks and services. 2-adaptation of mechanisms for prevention of employment is subject to the procedure laid down in paragraph 2 of article 46.

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3 - […]. Article 124 [...] 1-applies to the concessionaire of the public telecommunications service the regime contained in this law. 2-remain in force all obligations contained in the foundations of public service telecommunications concession approved by Decree-Law No. 31/2003, of 17 February, except where the application of this law to work a more demanding scheme to concessionaire, in which case this will be in place. 3-[Repealed]. Article 125 [...] 1-RNA shall publish the regulations necessary for the execution of this law, in particular those involving the substances referred to in paragraph 1 of article 21, paragraph 2 of article 27, paragraph 2 of article 32, paragraph 2 of article 37, paragraph 2 of article 40, paragraph 3 of article 51, paragraph 7 of article 54 , in paragraphs 2 and 4 of article 92 and in paragraph 5 of article 108, without prejudice to the statutory powers of the NRAS to issue regulations where this is indispensable for the performance of their duties. 2 - […]. Article 126 [...] 1-counting deadlines provided for in this Act apply the rules laid down in article 72 of the code of administrative procedure.

PRESIDENCY of the COUNCIL of MINISTERS 117 2-the time limits laid down in articles 57 and 57-count in accordance with the rules laid down by the European Commission on the recommendations or guidelines approved under the procedure laid down in Directive 2002/21/EC of the European Parliament and of the Council of 7 March, as amended by Directive 2009/140/EC of the European Parliament and of the Council , 25 November. Article 127 [...] 1-[...]. 2-[Repealed]. 3-the concessionaire of the public telecommunications service is excluded from the scope of subparagraph (e)) of paragraph 1 of article 7 of the Decree-Law No. 555/99, of December 16, as amended by Decree-Law No. 26/2010 of 30 March. 4 - […].» Article 3 Amendment to law No. 5/2004, of 10 February are added to law No. 5/2004, of 10 February, as amended by Decree-Law No. 176/2007, of May 8, by law No. 35/2008, of 28 July, by Decree-Law No. 123/2009 of 21 may, by Decree-Law No. 258/2009, of September 25, and by law No. 46/2011 , 24 June, articles 2A, 16A, 21-, 25-, 44-, 47-, 48-, 48-, 54-B, 54-B, C-54, 54-D, 54-54,-F,-G, 57-54, 59-A, 76-and 76-B, with the following text: PRESIDENCY of the COUNCIL of MINISTERS ' 118 article 2-safety and emergency-1 it is incumbent upon the State to ensure under the law, the proper coordination of electronic communications networks and services in situations of emergency, crisis or war. 2-the NRA: a) exercise the powers will be committed as European critical infrastructures in the framework of electronic communications, in particular in terms of the legal framework of transposition of Directive 2008/114/EC of the Council of 8 December 2008 on the identification and designation of European critical infrastructure and the assessment of the need to improve their protection; b) exercise the powers will be committed as national critical infrastructures in the framework of electronic communications, whether with regard to undertakings providing electronic communications networks and services to the owners or holders of such infrastructure; c) Analyze and characterize, counting on the collaboration of companies that provide electronic communications networks and services and the competent agencies and services of direct and indirect State administration and the autonomous regions, and propose, where appropriate: PRESIDENCY of the COUNCIL of MINISTERS 119 i) the measures necessary for the safety of the ability, on the part of companies that provide electronic communications networks and services for emergency communications in the public interest; II) the necessary measures with regard to network congestion in emergency situations, including the procedures to be complied with by companies that provide electronic communications networks and services. d) to develop, in accordance with the law and in coordination with other competent entities, planning, installation and operation of system security incident response, within the framework of electronic communications; and) Identify and characterize, in accordance with the law and in conjunction with the competent authorities, the electronic communications resources to use for civil protection. Article 16-technological and service neutrality in spectrum management 1-competes to the NRA, as part of their spectrum management skills and without prejudice to the restrictions laid down in this article, ensure the following principles: a) technological neutrality, whereby all types of technology used for electronic communications services may be used in the frequency bands declared available for electronic communications services and as such publicised in QNAF;

PRESIDENCY of the COUNCIL of MINISTERS 120 b) Neutrality, whereby the frequency bands declared available for electronic communications services and as such publicised in QNAF, can be provided all types of electronic communications services. 2-the NRA can establish restrictions proportionate, non-discriminatory and justified with regard to the technology used for electronic communications services where this is necessary to: a) avoid harmful interference; b) protect the population from exposure to electromagnetic fields; c) guarantee the quality of the technical service; d) Ensure maximizing the sharing of frequencies; and) safeguard efficient use of spectrum; f) ensure the fulfilment of a specific general interest objective set under the law. 3-the NRA can establish proportionate and non-discriminatory restrictions about the types of electronic communications services to provide, inter alia, with a view to, where necessary, the fulfilment of requirements set out in the regulations of the radio regulations of the International Telecommunication Union (ITU). 4-in the context of restrictions on service neutrality, the NRAS may adopt measures which impose: PRESIDENCY of the COUNCIL of MINISTERS the 121) That an electronic communications service to be provided in a specific frequency range, available for electronic communications services, since justified with the need to ensure the fulfilment of a specific general interest objective set pursuant to paragraph 5; (b)) the provision of a certain electronic communications service in a specific frequency band to the exclusion of any other service, since justified with the need to protect safety of life services or, exceptionally, to fulfil other general interest objectives laid down in the law. 5-Consider specific objectives of general interest, for the purposes of subparagraph (f)) of paragraph 2 and subparagraph 3 (a)) of paragraph 4, in particular, safety of life, promoting social, regional or territorial cohesion, the avoidance of inefficient use of frequencies, as well as the promotion of cultural and linguistic diversity and media pluralism, in particular through the provision of television programs or services. 6-the restrictions set out in paragraphs 2 to 4 shall be publicised within the QNAF and the NRA re-evaluate periodically need maintenance. Article 21-the register of companies 1-RNA shall keep a register of undertakings providing electronic communications networks and services, which shall include, in particular, your full address and identification activities carried out.

PRESIDENCY of the COUNCIL of MINISTERS 122 2-registration of enterprises in the register is cancelled by ARN: the) companies communicate the cessation of their activities, in accordance with paragraph 7 of the previous article; b) the impossibility of notification of undertakings for a period exceeding 90 days, without prejudice to the assessment and collection of fees that are due and the application of the penalties to which any place. Article 25-the installation of infrastructure able to accommodate electronic communications networks are subject to the regime of infrastructures able to accommodation of electronic communications networks and the construction of telecommunications infrastructure in lots, housing developments, sets of buildings and buildings, approved by Decree-Law No. 123/2009 of May 21, as amended by Decree-Law No. 258/2009 , September 25: a) the coordination of the works for the construction or expansion of infrastructure able to accommodate electronic communications networks; b) the sharing of telecommunications infrastructures in buildings, housing developments or sets of buildings; (c)) the provision of information about suitable housing infrastructure of electronic communication networks, as well as the development of registers of such infrastructure, including the Centralized information system (SIC).

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Article 44-harmonised numbers intended for the services of social value 1-ARN is responsible for ensuring that the numbering range "116" the POG is reserved for harmonised services of social value, in accordance with decision 2007/116/EC, of the European Commission, of 15 February 2007, including a line of communication of cases of missing children accessible via the number "116000". 2-it is up to the NRA to determine measures to ensure that end-users with disabilities, including nationals of other Member States when they are in the national territory, can access the most of the services provided through the "116" numbering range equivalently to other end-users, relying for that purpose on the standards and specifications applicable in accordance with article 29. 3-Constitutes rights of end users, including citizens of other Member States when they are in the national territory, obtain appropriate information about the existence and use of the services provided by the "116" numbering range. Article 47-the obligation to provide information to subscribers 1-Without prejudice to the information published in accordance with article 47, the NRA can determine to companies offering public communications networks or publicly available electronic communications services to provide subscribers with information about: the) prices apply to communications addressed to certain numbers or services subject to special tariff conditions;

PRESIDENCY of the COUNCIL of MINISTERS 124 b) Any change in the access to emergency services or in providing information about the location of the caller; c) any change of conditions that restrict access to or the use of services and applications; (d) Any procedures established by the company) to measure and condition in order to prevent traffic that is exhausted the ability a network segment or prevent the contracted capacity is exceeded, indicating the impact of this measure on the quality of service offered; and) the right to inclusion, or not, of their personal data in lists; f) characteristics of the products and services to subscribers with disabilities, when applicable. 2-it is up to the NRA to fix the form and periodicity of Subscriber communication of information referred to in the preceding paragraph, and may determine, in the case of information referred to in subparagraph (a)), which for certain categories of services prices communication is ensured immediately before the call is made. 3-the undertakings referred to in paragraph 1 shall be required to provide to subscribers, upon request of the competent public authorities, without any charges and where appropriate, information of public interest, using the media usually use in your regular communication with those subscribers.

PRESIDENCY of the COUNCIL of MINISTERS 125 4-the information referred to in the preceding paragraph shall be provided by the competent public authorities in a standardised format and may include, in particular, information about the legal consequences that may arise from the use of electronic communications services for the practice and unlawful acts, dissemination of harmful content, including violation of copyright and related rights as well as information on the means of protection against risks to personal security, privacy and personal data in the use of electronic communications services. 5-the information referred to in paragraphs 3 and 4 are the sole responsibility of the public authority that requests their disclosure and are limited to the area defined by the undertaking required to your advertising and may not hinder or prevent the clear perception of information relating to the conditions of supply of electronic communications services. Article 48-the complaints from end users 1-electronic communications companies should implement adequate procedures to swift and harmonised treatment complaints that are submitted by end users. 2-the NRA can set requirements on the procedures referred to in the preceding paragraph. 3-the NRA may order the investigation of complaints or complaints that becomes aware in the course of their duties, and where is the failure of provisions compliance with which you fit to supervise, may order the adoption of corrective measures.

PRESIDENCY of the COUNCIL of MINISTERS 126 4-the NRA publishes a report on its Internet Web site with information about the complaints and other requests submitted by end users concerning the services offered by electronic communications companies, covering all kinds of complaints, regardless of the mode and manner of presentation. 5-the report referred to in the preceding paragraph must contain, among other things, information on the volume of complaints and requests received by the NRA, to identify the service providers and the services concerned and, within each service, the materials that are the subject of complaint. 6-the report referred to in the preceding paragraph must be published at least once a year. Article 48-B out-of-court settlement of disputes 1-Without prejudice to recourse to the courts and to the entities responsible for the protection and promotion of consumer rights, end-users can submit the conflicts that arise with electronic communications companies to legally constituted conflicts out-of-court. 2-it is up to the NRA to promote the development of simple, transparent, economic mechanisms in the light of the various types of end users and non-discriminatory criteria for speedy, fair and impartial resolution of conflicts, in particular those related to contractual conditions or execution of contracts titulam the provision of electronic communications networks or services between electronic communications companies and end-users.

PRESIDENCY of the COUNCIL of MINISTERS 127 3-for the purposes of the preceding paragraph, the NRA can establish cooperation agreements or participate in the creation of entities relating to ensure these mechanisms. Article 54-the obligations of companies in terms of safety and integrity 1-companies that offer public communications networks or publicly available electronic communications services shall take appropriate technical and organizational measures to prevent, manage and reduce the risks to the security of networks and services, aiming, in particular, prevent or minimize the impact of security incidents on the interconnected systems , nationally and internationally, and on users. 2-companies that offer public communications networks are required to take appropriate measures to ensure the integrity of their networks, ensuring the continuity of the provision of services that support in these networks. 3-the measures provided for in paragraph 1 shall be appropriate to the risks taking into account the State of the art. Article 54-B notification Obligations The undertakings providing public communications networks or publicly available electronic communications services are obliged to notify the NRA safety violations or of loss of integrity with significant impact on the operation of networks and services.

PRESIDENCY of the COUNCIL of MINISTERS article 54 128-C 1-implementing measures for the purposes of article 54, the NRAS may adopt and impose on companies offering public communications networks or publicly available electronic communications services technical implementing measures. 2-for the purposes of article 54-B, NRA shall adopt the measures defining the circumstances, format and procedures applicable to communication requirements of security breaches or loss of integrity of the networks. 3-implementing measures provided for in the preceding paragraphs shall comply with the decisions of the Commission taken under the procedure laid down in article 13 of Directive No 2002/21/EC of the European Parliament and of the Council of 7 March 2002, as amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 , and, in his absence, shall be based on the existing European and international standards on the subject. 4-the adoption of the implementing measures referred to in paragraphs 1 and 2 shall be subject to the General procedure of consultation provided for in article 8. Article 54-D additional requirements in addition to the technical implementing measures provided for in the preceding article, the NRA, for the purposes of article 54-A, can fix the companies offering public communications networks or publicly available electronic communications services, additional requirements more demanding, inter alia, determining the following: PRESIDENCY of the COUNCIL of MINISTERS 129

the) indicate A permanent point of contact for the purposes of this chapter; b) the elaboration of A plan that includes updated all the technical and organizational measures adopted; c) the exercise of evaluation and improvement of technical and organizational measures adopted, as well as participation in joint exercises; d) the preparation and submission to the ARN annual report in accordance with the fix, including, in particular the experience gained with security incidents. Article 54-and reporting obligations of the ARN the ARN: a) Inform competent regulatory authorities of the other Member States and the European Agency for network and information security (ENISA), always to understand what the size or seriousness of the security breaches or loss of integrity communicated pursuant to article 54-B; b) inform the public by the most appropriate means of security breaches or loss of integrity or determine to companies offering public communications networks or publicly available electronic communications services which, when considered by the NRA as of public interest.

PRESIDENCY of the COUNCIL of MINISTERS 130 c) Submit, annually, the European Commission and ENISA a summary report on the communications of security breaches or loss of integrity, carried out in accordance with article 54-B, as well as of the measures taken. Article 54-F audits and provision of information 1-the NRA determine to companies offering public communications networks or publicly available electronic communications services, through independent auditing entities and at their own expense, security audit their networks and services, as well as sending to the ARN of report on the results of the same. 2-for the purposes of the preceding paragraph: a) the NRAS establish the requirements to be met by the audits provided for in the preceding paragraph, in particular as regards its scope, frequency, reference standards and procedures, as well as requirements applicable to entities Auditors; (b)) The undertakings providing public communications networks or publicly available electronic communications services should: (i)) Submit prior to the approval of the audit entity RNA; II) Send to the NRA, in reasonable time, the plan of correction of non-conformities in the audit report. 3-Can the NRA still, or other independent entity designated by you, perform security audit to networks and services, in particular in the event of a security breach or loss of integrity.

PRESIDENCY of the COUNCIL of MINISTERS 131 4-in order to assess the safety or integrity of networks and services, the NRAS, in accordance with articles 108 and 109, require the undertakings referred to in paragraph 1 the provision of all necessary information, including documentation relating to security policies. Article 54-G binding Instructions and research 1-for the purposes of the provisions of articles 54-A and 54-B and in the context of technical implementing measures and adopted additional requirements, the NRA may issue binding instructions to undertakings providing public communications networks or publicly available electronic communications services, including the establishment of deadlines for implementation. 2-it is up to the NRA to investigate cases of non-compliance with the provisions and obligations set forth in this chapter and its effects on the security and integrity of the networks. Article 57-the procedure to consistent application of regulatory obligations 1-whenever the draft measure subject to specific consultation procedure aims to impose, maintain, amend or abolish obligations to undertakings with or without significant market power referred to in subparagraph (d)) of article 56, and the NRA is notified by the European Commission with due reasons, within a period of one month provided for in paragraph 2 of the preceding article , that it considers that the project would create a barrier to the single market or it has serious doubts as to its compatibility with Community law, the NRAS must postpone the adoption of draft decision for a period of three months from the notification of the European Commission.

PRESIDENCY of the COUNCIL of MINISTERS 132 2-during the period referred to in paragraph 1 the Commission, berec and NRAS cooperate closely with the objective of identifying the most appropriate and effective measure in the light of the objectives of the regulation set out in article 5, taking account of the views of market participants, who spoke under their general procedure of consultation , and the need to ensure the development of consistent regulatory practice. 3-When, within a period of six weeks from the beginning of the period of three months referred to in paragraph 1, berec issue and publish an opinion on the European Commission's notification, indicating that sharing of his doubts about the draft decision of the NRA and that this should be changed or removed by presenting specific proposals for amendment, the NRA must cooperate closely with berec with a view to identifying the most appropriate and effective measure, before the end of the period of three months, take one of the following decisions: a) amend or withdraw the draft decision, having regard to the European Commission's notification referred to in paragraph 1, as well as the advice and cooperation of BEREC; b) Keep the draft decision.



PRESIDENCY of the COUNCIL of MINISTERS-133 4 When berec does not share the doubts of the European Commission, does not emit sound or the NRA change or keep the draft decision, all in accordance with the provisions of the preceding paragraph, and the European Commission, within one month after the expiry of the period of three months referred to in paragraph 1, send a recommendation to the NRA to amend or withdraw the draft decision , including specific proposals, or withdrawing its reservation, the NRA must, within one month of the adoption of that recommendation or decision, communicate to the Commission and BEREC the adopted decision, accompanied by a reasoned justification when not have welcomed the recommendation of the European Commission. 5-the period of one month provided for in the second part of the preceding paragraph may be extended in cases where the NRA, prior to approval of your final decision, submit the draft decision changed the General procedure of consultation provided for in article 8. 6-the NRA can withdraw the draft measure at any stage of the procedure. Article 59-to Review the analysis of markets 1-RNA must proceed to the analysis of markets, within two years after approval by the European Commission of a revised recommendation on relevant markets, in the case of markets that the NRA has not previously notified to the Commission under article 57. 2-the market analysis should be reviewed: the) within three years after the adoption of the latest analysis of the relevant market; (b)) When the NRA understand justifiable.

PRESIDENCY of the COUNCIL of MINISTERS 134 3-the period referred to in subparagraph (a)) of the preceding paragraph may exceptionally be extended for a further period of three years by the NRA to the European Commission of a proposal to extend properly justified, for which the European Commission does not raise objections within one month of the date of its presentation. 4-When the NRA does not complete the analysis of a relevant market within the time limit laid down in the preceding paragraphs, as appropriate, should request the assistance of BEREC so that, within a period of six months, their analysis and regulatory obligations is completed and is notified under article 57. 76-the obligation of functional separation 1-When the NRA concludes that obligations imposed under articles 67 to 76 did not ensure effective competition and which persist competition problems or market failures which are relevant in relation to the wholesale supply of certain access product markets, the NRA can, as exceptional measure, pursuant to paragraph 4 of article 66 vertically integrated companies impose an obligation to affect cooperative activities related to the wholesale supply of relevant access products to an operationally independent business entity. 2-the operationally independent entity referred to in the preceding paragraph shall provide access products and services to all undertakings, including other business entities of the parent company, on the same timescales, terms and conditions, in particular with regard to price and service levels, and through the same systems and processes.

PRESIDENCY Of The COUNCIL Of MINISTERS 135

3-Always wishing to impose an obligation for functional separation, the NRA must submit a proposal to the European Commission, which shall contain the following elements: a) Evidence justifying the conclusions of the NRA referred to in paragraph 1; b) demonstration that, within a reasonable period of time, there is little or no prospect of infrastructure competition; c) analysis of the expected impact on ARN, the company, in particular in the workforce of the company operationally independent and in the electronic communications sector as a whole, and on its incentives to invest in the network itself, and the impact on other stakeholders, including the expected impact on infrastructure competition and any resulting effects for consumers; d) analysis of the reasons justifying that this obligation is the most efficient way to apply solutions to correct the deficiencies or problems identified. 4-Along with the proposal referred to in the preceding paragraph, the NRA must submit to the Commission the draft decision which intends to adopt, which must include the following elements: a) precise nature and level of separation, specifying in particular the legal status of the operationally independent business entity; b) identification of the assets of the separate entity and of the goods or services to be provided by it;

PRESIDENCY of the COUNCIL of MINISTERS 136 c) governance arrangements to ensure the independence of the employees of the operationally independent business entity, and the corresponding incentive structure; d) rules to ensure compliance with the obligations; e) rules for ensuring transparency of operational procedures, in particular in relation to other stakeholders; f) Monitoring Programme to ensure compliance with the measures imposed, including the publication of an annual report. 5-After the decision of the European Commission on the draft measure taken in accordance with paragraph 4 of article 66, the NRA carries out a coordinated analysis of the different markets related to the access network, in accordance with the procedure laid down in article 59, on the basis of which imposes, maintains, alters or suppresses obligations, in accordance with articles 8 , 57 and 57-a. 6-for the purposes of the preceding paragraph, a company which is imposed functional separation may be subject to any of the obligations set out in articles 67 to 76, in any specific market that has been designated with significant market power for the NRA, in accordance with article 59, or any other obligations authorised by the European Commission pursuant to paragraph 4 of article 66.



PRESIDENCY of the COUNCIL of MINISTERS Article 137 76-B functional separation 1 voluntary-The vertically integrated undertakings designated with significant market power in one or several relevant markets in accordance with article 59, prior and timely inform the NRA when they intend to transfer their local access network assets or a substantial part thereof to a separate legal entity distinct property , or establish a separate business entity to provide all retail providers, including its own retail divisions, fully equivalent access products. 2-the companies referred to in the preceding paragraph shall likewise inform the NRA, in advance and in a timely manner, of any change of intention communicated, as well as the end result of the process of separation. 3-it is up to the NRA to evaluate the effect of the intended transaction on the regulatory obligations imposed on the vertically integrated undertaking under article 66, through a coordinated analysis of the different markets related to the access network, in accordance with article 59. 4-upon completion of the process of separation, RNA, on the basis of the assessment carried out in accordance with the provisions of the preceding paragraph, impose, maintains, alters or suppresses obligations, in accordance with articles 8, 57 and 57-. 5-separate entity may be subject to any of the obligations set out in articles 67 to 76, in any specific market that has been designated with significant market power by ARN in accordance with article 59, or any other obligations authorised by the Commission pursuant to paragraph 4 of article 66.

PRESIDENCY of the COUNCIL of MINISTERS article 4 Amendment 138 of the law No. 5/2004, of 10 February 1-systematic division is deleted sections of chapter IV of title III of law No. 5/2004, of 10 February, which is headed ' operating Rules applicable to undertakings providing public communications networks and publicly available services». 2-the title III of law No. 5/2004, of 10 February, chapter V is added with the title ' security and integrity of networks and services», integrated by articles 54-the 54-G, added by the previous article. Article 5 Amendment of the annex to law No. 5/2004, of February 10 the annex to law No. 5/2004, of 10 February, is replaced by Annex I to this regulation, which is an integral part. Article 6 transitional and final provisions 1-the obligations laid down in article 43 of law No. 5/2004, of 10 February, subject to revision until 25 may 2012, by specification, by the regulatory authority for the media (ERC), services of television and radio programmes that must be subject to obligation to transport undertakings that provide electronic communications networks and services. 2-the selection and pre-selection requirement provided for in article 84 of the law No. 5/2004, of 10 February, in its original wording, shall remain in force until the NRA's decision that, as a result of a market analysis, impose, maintain, amend or delete the selection and pre-selection obligation under (j)) of paragraph 2 of article 72.

PRESIDENCY of the COUNCIL of MINISTERS 139 3-breach of the obligation of selection and pre-selection and its implementing regulations in force provisionally maintained in accordance with the provisions of the preceding paragraph, constitutes serious infraction, punishable pursuant to article 113, paragraph 7 of law No. 5/2004, of 10 February. 4-Regulation No. 1/2006, of 9 January, as amended by Regulation (EC) no 268/2007, of October 15 (selection and carrier pre-selection Regulation), shall remain in force until its repeal by the NRAs. Article 7 1 set Standard. (C) are repealed) of paragraph 2 and subparagraph (c)) of paragraph 3 of article 5, paragraph 4 of article 27, subparagraph (d)) of article 28, paragraph 3 of article 49, paragraph 4 of article 58, paragraph 6 of article 59, paragraph 1 (a)), b), (d)), and), g), m), n) and o) of paragraph 4 of article 60 (b)) of paragraph 2 and paragraphs f) and h) of paragraph 3 of article 69, paragraph 2 of article 77, articles 82 to 84, paragraph 7 of article 85, article 107, paragraph 5 of article 115, articles 117 to 119, the paragraph 6 of Rule 121, article 121, paragraph 3 of article 124 and paragraph 2 of article 127 of the law No. 5/2004 , February 10, amended by Decree-Law No. 176/2007, of May 8, by law No. 35/2008, of 28 July, by Decree-Law No. 123/2009 of 21 may, by Decree-Law No. 258/2009, of September 25, and by law No. 46/June 24, 2011. 2. The repeal of article 84 article of law No. 5/2004, of 10 February, produces effects with the NRA's decision referred to in paragraph 1 of the preceding article. Article 8 Republication is republished, in annex II to this regulation, which is an integral part, the law No. 5/2004, of 10 February, with the current wording. Article 9 of the COUNCIL of MINISTERS PRESIDENCY 140 entry into force 1-the present law shall enter into force on the day following that of its publication. 2-the changes introduced in paragraphs 1 and 12 of article 13 and paragraph 6 of article 116 of the law No. 5/2004, of 10 February, by article 12 of law No. 46/2011, 24 June, produce effects in accordance with the provisions of article 20 of the law.

Seen and approved by the Council of Ministers of 21 July 2011 Prime Minister Deputy Minister and Parliamentary Affairs PRESIDENCY of the COUNCIL of MINISTERS 141 annex I ' Annex Parameters of quality of service Parameters supply-time and quality of service, definitions and methods provided for in articles 40 and 92 For the companies that provide access to a public communications network parameter (1) method of measuring Term Definition of providing initial ETSI EG link ETSI EG 202 057 202 057-1 fault Rate per access line ETSI EG 202 057 ETSI EG 202 0571 waiting time by ETSI EG 202 057 damage repair ETSI EG 202 057 for companies that provide publicly available telephone services parameter (1) method of measuring Time Definition of establishment (2) ETSI EG 202 057 ETSI EG 202 057 response times for the information services of ETSI EG 202 057 lists ETSI EG 202 057 percentage of coin and card payphones in good working condition.

ETSI EG 202 057 ETSI EG 202 057 complaints about ETSI EG 202 057 errors on invoices ETSI EG 202 057 Calls not implemented (2) ETSI EG 202 057 ETSI EG 202 057 (1) the parameters should allow for performance to be analysed at a regional level [i.e. no less than level 2 of the nomenclature of Territorial Units (NUTS) established by Eurostat]. (2) Member States may decide not to require the maintenance of up-to-date information on performance with respect to these two parameters, if there are data that show that performance in these two areas is satisfactory. Note. -The version number of ETSI EG 202 057-1 v. 1.3.1 (July 2008).»

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