Key Benefits:
CHAIR OF THE COUNCIL OF MINISTERS
1
Proposal for Law No 3/XII
Exhibition of Motives
The Law No. 5/2004 of February 10 (the Electronic Communications Act-LCE),
establishes the legal regime applicable to electronic communications networks and services and
to the related resources and services and sets out the competences of the national regulatory authority
in this area, promoting the transposition of Directives n. ºs 2002 /19/CE, 2002 /20/CE,
2002 /21/CE and 2002 /22/CE, all of the European Parliament and of the Council of March 7
of 2002, as well as the Commission Directive No 2002 /77/CE of September 16
2002.
The European Commission, in fulfillment of the scheme laid down in the enforming directives of the
regulatory framework of electronic communications networks and services, which provides for its
periodic reassessment, initiated in 2006 a review of the community framework, in a
procedure that became known for "Revision 2006".
CHAIR OF THE COUNCIL OF MINISTERS
2
Terminated the Community review, it fulfils to host in the national legal planning,
through the appropriate amendment of the LCE, the scheme fixed by the Directive
n. 2009 /140/CE, of the European Parliament and of the Council of November 25, 2009,
amending Directive No 2002 /21/CE, on a common regulatory framework for the
electronic communications networks and services ("Framework Directive"), the Directive
n. 2002 /19/CE, concerning the access and interconnection of electronic communication networks and
related resources ("Access and Interconnection Directive") and Directive No 2002 /20/CE, concerning
to the authorisation of electronic communications networks and services ("Authorization Directive"),
either by Directive No 2009 /136/CE, of the European Parliament and of the Council, of 25 of
November 2009, in the part of which changes the Directive No 2002 /22/CE, concerning the service
universal and the rights of users in connection with networks and communications services
electronic ("Universal Service Directive"). That is the purpose of this proposed law.
In the community regime, which is now transposing, the following axes are identifiable
main: the strengthening of independent regulation and regulatory action that
promote innovation and investment; the recognition of efficient spectrum management
as a fundamental vector of promotion of welfare and economic development; the
consolidation of the internal market, among others, through the establishment of the Organism of
European Regulators of Electronic Communications (ORECE); the strengthening of the
protection of consumers of electronic communications services, including the
users with disabilities; and the promotion of secure communications by strengthening the
security and integrity of the networks.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
CHAIR OF THE COUNCIL OF MINISTERS
3
CHAIR OF THE COUNCIL OF MINISTERS
4
Article 1.
Subject
The present diploma proceeds to the 6 th Amendment of Law No. 5/2004 of February 10, which
establishes the legal regime applicable to electronic communications networks and services and
to the related resources and services and defines the competencies of the regulatory authority in this
domain, transposing to the internal legal order Directive No 2009 /136/CE, of the
European Parliament and of the Council of November 25, 2009 amending the Directive
n. 2002 /22/CE concerning the universal service and the rights of users in respect of
electronic communications networks and services, as well as Directive No 2009 /140/CE, of the
European Parliament and of the Council of November 25, 2009 amending the Directives
n. paragraphs 2002 /21/CE on a common regulatory framework for networks and services of
electronic communications, 2002 /19/CE concerning the access and interconnection of networks of
electronic communication and related recurs and 2002 /20/CE concerning the authorisation of
electronic communications networks and services.
Article 2.
Amendment to Law No. 5/2004 of February 10
Articles 1, 2, 3, 5, 7, 8, 10, 13, 15, 16, 17, 17, 20, 21, 21, 21, 21, 21, 21, 21, 21, 21, 21, 21, 21, 21.
25, 26, 27, 29, 30, 32, 34, 35, 36, 37, 39, 40, 41., 41, 42, 42, 42, 42, 43, 43, 43, 43, 43, 46.
47, 48, 49, 51, 52, 54, 57, 58, 59, 60, 63, 64, 66., 66, 67, 67, 67, 67, 69, 69, 69, 69, 69, 74.
75, 76, 77, 81, 85, 87, 90, 91, 92, 93, 94, 96, 97., 97, 99, 99, 99, 99, 99, 99, 103, 103, 103.
104, 105, 108, 110, 111, 113, 115, 116, 120, 121, 121, 123., 122, 125, 125, 125, 125, 125, 125, 125
126. and 127 of Law No. 5/2004 of February 10, as amended by Decree-Law No. 176/2007 of May 8,
by Law No. 35/2008 of July 28 by the Decree-Law No. 123/2009 of May 21 by the Decree-Law n.
258/2009, of September 25, and by Law No. 46/2011 of June 24, shall be replaced by the following:
Article 1.
[...]
CHAIR OF THE COUNCIL OF MINISTERS
5
This Law establishes the legal regime applicable to the networks and services of
electronic communications and related resources and services and defines the
competences of the national regulatory authority in this field, in the framework of
Procedure for transposition of Directives n. ºs 2002 /19/CE, 2002 /20/CE,
2002 /21/CE, all of the European Parliament and of the Council, of March 7 of
2002, amended by Directive No 2009 /140/CE, of the European Parliament and of the
Council, of November 25, 2009, of Directive No 2002 /22/CE, of the
European Parliament and of the Council of March 7, 2002, as amended by the
Directive No. 2009 /136/CE, of the European Parliament and of the Council, of 25 of
November 2009, and of the European Commission's Directive No 2002 /77/CE, of
September 16, 2002.
Article 2.
[...]
1-[...]:
a) [...];
b) The services you provide or exercise editorial control over
content transmitted through networks and communications services
electronic, including the services of television and radio programmes
and the audiotext and value-added services based on the submission
of message;
c) [...];
d) The computer network of the Government, managed by the Centre for Management of the
CHAIR OF THE COUNCIL OF MINISTERS
6
Government Computer Network (CEGER), as well as the networks created
to pursue the purposes set out in Article 1 (1) of the Decree-Law
n. 163/2007, of May 3.
2-[...]:
a) [...];
b) The scheme applicable to the construction of infrastructure apt to the
accommodation of electronic communication networks, the installation of
electronic communication networks and the construction of infrastructures
of telecommunications in loadings, urbanizations and sets of
buildings and buildings, provided for in the Decree-Law No. 123/2009, 21 of
May, amended by Decree-Law No 258/2009 of September 25;
c) The scheme applicable to radiocommunication networks and stations, planned
in the Decree-Law No. 151-A/2000 of July 20, as amended by the
Decrees-Law No 167/2006, of August 16, and 264/2009, of 28 of
September;
d) [...];
e) The legal regime applicable to radioamateurs, provided for in the
Decree-Law No 53/2009 of March 2;
f) The legal regime applicable to essential public services, planned
in Law No. 23/96 of July 26, as amended by Laws No. 12/2008, of
February 26, 24/2008, of June 2, 6/2011, of March 10, and
44/2011, of June 22;
CHAIR OF THE COUNCIL OF MINISTERS
7
g) The legal regime applicable to the provision of promotion services,
information and support for consumers and users, through centres
relationship telephone ( call centers) , provided for in the Decree-Law
n. 134/2009 of June 2, as amended by the Decree-Law
n 72-A/2010 of June 18;
h) The legal regime applicable to the collection of amounts for the provision of the
equipment unlocking service, provided for in the
Decree-Law No. 56/2010 of June 1.
3-In the event of a conflict between norms of this Law and the established standards
in the remaining applicable sectoral legislation, the standards of the present prevail
law, unless otherwise resulting in a more demanding regime for
companies that offer electronic communications networks and services,
case in which it will be the applicable one.
4-[ Previous Article No 3 ].
5-[ Previous Article No 4 ].
Article 3.
[...]
[...]:
a) "Access", the provision of resources and or services to another
CHAIR OF THE COUNCIL OF MINISTERS
8
company, under defined conditions, in exclusivity regime or
not exclusivity, for the purposes of providing services of
electronic communications, even when these are used
for the provision of the services provided for in points a) and b) of paragraph 1 of the
previous article, covering, inter alia, access to elements of the
network and related resources, and may include the connection of equipment,
by means of fixed or non-fixed means (including, in particular, access
to the local loop and the resources and services required to provide services
by the local loop); access to physical infrastructure, including
buildings, ducts and poles; the access to systems of software
pertinent, including operational support systems; access to
information systems or databases for pre-order,
supply, order, maintenance and repair requests, and
invoicing; the access to numerical conversion or systems that
offer an equivalent functionality; access to fixed networks and
furniture, in particular for the purpose of itinerancy ( roaming ); the access to
conditional access systems for services of television programs
and digital radio; access to virtual network services;
b) [...];
c) "Shared access to the local loop", the access to the local loop or the
operator local sublacete with significant market power, which
allows the use, by the beneficiary, of a specific part of the
total capacity of the local access network's infrastructure, such as, by
example, part of the spectrum of frequencies or equivalent;
d) "Access fully disaggregated to the local loop", the access to the loop
site or the local operator's subside with market power
CHAIR OF THE COUNCIL OF MINISTERS
9
significant, which allows the use of all the capacity of the infra-
structure of the local access network;
e) [...];
f) "Spectrum Allocation", the designation of a given range of
frequencies to be used by one or more types of services from
radiocommunication, if necessary, under specified conditions;
g) "National regulatory authority (ARN)", the authority that
performs the functions of regulation, supervision, surveillance and
sanctioning within the framework of communications networks and services
electronic, as well as the related resources and services, which is the
ICP-National Communications Authority (ICP-ANACOM), whose
statutes are annexed to the Decree-Law No. 309/2001, of 7 of
December;
h) "General Authorization", the regulatory framework established by the present
law and by the regulations of the national regulatory authority that
guarantees the rights related to the provision of services or networks of
electronic communications, and which sets specific sectoral obligations
that can be applied to all types or specific types of
electronic communication services and networks, in accordance with
the present law;
i) "Call", the link established through a service of
electronic communications accessible to the public that allows for a
bidirectional communication;
j) [ Previous point (g) ];
l) [ Previous point (h) ];
m) "Harmful interference", any interference that compromises the
CHAIR OF THE COUNCIL OF MINISTERS
10
operation of a radionavigation service or any other
security service or otherwise seriously prejudiced,
obstructs or repeatedly interrupts a service of
radiocommunications that operate in accordance with the standards
applicable international, community or national;
n) [ Previous point (j) ];
o) "Interface of application programs (IPA)", the software of interface
between applications, made available by radio operators, television or
of distribution or service providers, and the resources in the
advanced digital television equipment for radio services and
digital television;
p) "Local loop", the physical circuit that connects the terminal point of the network in the
end-user facilities to a repartier or to the resource
equivalent in the fixed network of public electronic communications;
q) "Transnational markets", the markets referred to in Article 5 (5)
59. covering the European Union or a substantial part of this,
located in more than one Member State;
r) "Number", resource of the national numbering plan or resource of
an international numeracy plan, in which the NRA has
skills in particular from notification, which serves to
identify subscribers, services or applications, companies that offer
networks or services, networks or network elements;
CHAIR OF THE COUNCIL OF MINISTERS
11
s) [ Previous paragraph (p) ];
t) "non-geographical number", national numbering plan number
that it is not a geographical number, including, inter alia, the
mobile numbers, from free calls to the caller and fare
majorate;
u) [ Previous point r) ];
v) [ Previous point (s) ];
x) " Body of European Regulators of Communications
Electronic (ORECE) ", the body created by the Regulation (EC)
n 1211/2009, of the European Parliament and of the Council, of 25 of
November 2009;
z) "Public post", terminal equipment in fixed location accessible to the
public in general, the use of which can be paid with coins and or
credit / debit cards and or prepayment cards, including
cards to be used with marking codes;
aa) "Network termination point (PTR)", the physical point in which it is
provided to the subscriber access to the public communications network; in the
case of the networks involving commuting or forwarding, the PTR
is identified through a specific network address, which can
be associated with the number or name of a subscriber;
CHAIR OF THE COUNCIL OF MINISTERS
12
bb) "Related resources", the associated services, the physical infrastructure
and other features or elements associated with a network of
electronic communications and or to a communications service
electronic that allow and or serve as a support to the offer of services
through that network and or service, or have the potential to do so, and
include notably buildings or building entrances, cablage
of buildings, antennas, towers and other supporting structures, ducts,
tubages, poles, visiting chambers and cabinets;
cc) "Electronic communications network", the transmission systems and, if
for the case, the switching or forwarding equipment and the
too many features, namely network elements that do not
find assets, which allow for the sending of signals by cable, means
radioelectric, optical means, or by other means
electromagnetic, including satellite networks, terrestrial networks
fixed (with switching of circuits or packets, including the
Internet ) and furniture, the systems of electricity cables, to the extent
in which they are used for the transmission of signals, the networks of
sound and television broadcasting and cable television networks,
regardless of the type of information transmitted;
dd) "Public communications network", the communications network
electronic used in total or mainly for supply
of electronic communications services accessible to the public;
ee) "Electronic communications service", the service offered in general
CHAIR OF THE COUNCIL OF MINISTERS
13
upon remuneration, which consists wholly or principally in the
sending signals through electronic communication networks,
including the telecommunications services and services of
transmission in networks used for broadcasting, without prejudice to the
exclusion referred to in points a) and b) of Article 2 (1);
ff) "Related Services", the services associated with a network of
electronic communications and or to a communications service
electronic that allow and or serve as a support to the offer of
services through that network and or service, or have the potential to do so-
lo, and include in particular the systems for conversion of numbers
or the systems that offer equivalent functionality, the
conditional access systems and the electronic program guides,
as well as other services such as the identity service, location
and presence;
gg) "wide-screen television service", a program service
televisual constituted, in whole or in part, by programmes
produced and edited to be presented on a whole screen of
wide format, being the format 16: to 9 the reference format for
these services;
hh) "Telephone service accessible to the public", service at the disposal of the
public, which allows to make and receive, directly or indirectly,
national or national and international calls through a
number or numbers included in a national plan or
international of numbering;
ii) [ Previous point (ff) ];
CHAIR OF THE COUNCIL OF MINISTERS
14
jj) "conditional access system", any measure and or provision
technique, by means of which access, in an intelligible form, to a service
of television or protected radio programs is conditional on
a signature or any other form of prior authorization
individual;
ll) "Local stress", a partial local loop that connects the terminal point of the
network in the end-user facilities at a point of concentration
or to an intermediate repartier specified in the fixed network of
public electronic communications;
mm) [ Previous point (ii) ];
nn) [ Previous paragraph jj) ]
Article 4.
[...]
1-[...].
2-It is guaranteed by this Law and by the statutes of the NRA:
a) The independence as an organic, financial and
functionally separate from the Government, endowed with the resources
financial and human necessary and appropriate to the performance of the
its functions, including active participation in the ORECE;
b) [...];
c) [...].
3-A ARN shall exercise its powers impartially, transparently
and tempestive.
CHAIR OF THE COUNCIL OF MINISTERS
15
Article 5.
[...]
1-[...].
2-[...]:
a) To ensure that users, including users with
disability, elderly users and users with needs
special social obhave the maximum benefit in terms of choice,
price and quality;
b) Ensuring the non-existence of distortions or barriers to competition in the
electronic communications sector, including in the framework of networks and
electronic communications services used for the provision of the
services referred to in points a) and b) of Article 2 (1);
c) [ Repealed ];
d) Encouraging effective use and ensuring efficient management of the
frequencies and the numbering features.
3-[...]:
a) [...];
b) [...];
c) [ Repealed ];
d) Cooperate, in a transparent manner, with the European Commission, with the
ORECE and with the other regulatory authorities of the communications
of the other Member States of the European Union, with the purpose of
ensure the development of a regulatory practice and a
consistent application of the common regulatory framework for networks and
electronic communications services.
CHAIR OF THE COUNCIL OF MINISTERS
16
4-[...]:
a) [...];
b) Ensuring a high level of protection for consumers in your
relationship with the companies that offer networks and services of
electronic communications, through, inter alia, the
establishment of simple conflict resolution procedures and
inexpensive, executed by independent body of the
parties to conflict;
c) [...];
d) [...];
e) Responding to the needs of specific social groups,
particularly users with disabilities, elderly users
and users with special social needs;
f) [...];
g) Fostering the ability of end-users to accept and
disseminate information and to use the applications and services to the
your choice.
5-For the achievement of the purposes referred to in paragraph 1, in all decisions and
measures adopted, the NRA shall implement principles of objective regulation,
transparent, non-discriminatory and proportional, by incumbent on you
particularly:
a) Promoting the predictability of regulation by ensuring an approach
coherent regulatory and with appropriate review periods;
CHAIR OF THE COUNCIL OF MINISTERS
17
b) Ensure that, in analogous circumstances, there is no discrimination in the
treatment of companies that offer networks and services of
electronic communications;
c) Safeguarding competition for the benefit of consumers and
promote, where appropriate, the competition based on the infra
structures;
d) Promoting efficient investment and innovation in infrastructure
new and improved, specifically ensuring that any
obligation to access has in due account the investment risk
incurred by the companies and allowing cooperation agreements
between these and access seekers diversify the risk of
investment, ensuring, at the same time, that the competition in the
market and the principle of non-discrimination are safeguarded;
e) Properly consider the variety of existing conditions, in what
refers to competition and consumers, in the different areas
national geographic;
f) Impose regulation obligations ex-ante only when there is no such
effective and sustainable competition and mitigate them or suppress them soon
that this condition check itself out.
6-[...].
7-[...].
CHAIR OF THE COUNCIL OF MINISTERS
18
8-Unless otherwise provided by the scheme provided for in the Articles
15. and 16.-It should be taken into account the desirability of crafting legislation
and technologically neutral regulation, competing against the NRA in the
scope of its tasks of regulation, enshrined in this law,
particularly of those aimed at ensuring effective competition,
proceed in the same way.
9-[...].
10-[...].
Article 6.
[...]
1-A ARN, in the exercise of its competences, shall contribute to the
development of the internal market by cooperating with the other
national regulatory authorities, with the European Commission and with the
ORECE in a transparent manner, so as to ensure consistent application
of the regulatory framework applicable to electronic communications.
2-A ARN must, in particular:
a) Support the objectives of the ORECE of promotion of greater coordination
and regulatory coherence, owing, in their defining decisions and
analysis of relevant markets, taking into account the opinions, the
guidelines and the common positions issued by this body;
b) Cooperate with the European Commission and with the ORECE to identify
the types of instruments and most appropriate regulatory obligations
to solve certain types of existing situations on the market.
CHAIR OF THE COUNCIL OF MINISTERS
19
3-For the purposes of the preceding paragraphs, they shall, in particular,
be followed, in the cases provided for in this Law, the procedures provided for
in Articles 57 and 57 .ºA.
4-[ Previous Article No 3 ].
Article 7.
[...]
1-[...].
2-[...].
3-In the cases referred to in Articles 34 and 61, the ARN shall request to appear
prior to the Competition Authority.
4-[...].
5-A ARN can promote cooperation between companies that offer networks
or electronic communications services and other public entities
involved in the promotion of the transmission of lite content through the
electronic communication networks and services, targeting, specifically, the
disclosure of information of public interest to be provided in the terms
provided for in paragraphs 3 a to 5 of Article 47.
Article 8.
[...]
1-Where, in the exercise of the powers provided for in this Law, the NRA
intends to adopt measures with significant impact on the market concerned,
including the restrictions set out under Article 16, it shall
publicise the respective project, giving the interested parties the possibility of
if they speak within a time limit for the purpose, which may not be lower
to 20 days.
CHAIR OF THE COUNCIL OF MINISTERS
20
2-[...].
Article 9.
[...]
1-[...].
2-In the situations referred to in the preceding paragraph, the NRA shall inform, with the
greatest possible brevity, the European Commission, the other authorities
national regulators and the ORECE of the measures adopted and respective
reasons.
3-[...].
Article 10.
[...]
1-Compete à ARN, at the request of any of the parties, to be resolved, through
binding decision, any disputes relating to the obligations
arising from this Law, between companies to them subject, in the territory
national, or between these and other companies that benefit from obligations of
access on the national territory, without prejudice to the possibility of recourse to the
courts.
2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
7-Decisions adopted under this Article shall not apply to the
procedure provided for in Article 8.
CHAIR OF THE COUNCIL OF MINISTERS
21
Article 12.
[...]
1-In the event of a dispute arising within the framework of the obligations arising from the framework
regulatory relating to electronic communications, between companies to them
subject, established in different Member States and the competence of
regulatory authorities of more than one Member State, any of the Parties
may submit the dispute to the regulatory authorities concerned, without prejudice
of the possibility of recourse to the courts.
2-[...].
3-Any of the competent national regulatory authorities may, in the
a sense of obtaining a resolution of the consistent dispute, to request the ORECE to
issuing an opinion on the measures that should be taken for the
resolution of the dispute, in accordance with the relative regulatory framework
to electronic communications.
4-In the case provided for in the preceding paragraph, any regulatory authority
national with competence in any aspect of the dispute shall await the
opinion of the ORECE before it adopts measures for the resolution of the dispute,
without prejudice to the possibility of adopting urgent measures, when
necessary.
5-In the resolution of the dispute the competent national regulatory authorities
must have in the best account the opinion issued by the ORECE.
6-National regulatory authorities may decide jointly to refuse the
request for a dispute resolution, pursuant to paragraph c) of paragraph 1 and of paragraphs 2 and
3 of the previous article, applicable with the necessary adaptations.
7-Decisions adopted under this Article shall not apply to the
procedure provided for in Article 8.
CHAIR OF THE COUNCIL OF MINISTERS
22
Article 13.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
7-[...].
8-[...].
9-[...].
10-[...].
11-[...].
12-[...].
13-[...].
14-A ARN shall keep up-to-date information on the resources of the
decisions provided for in paragraph 2, in particular on the number of applications for
resource, its object and the duration of the respective processes, as well as
on the number of decisions that impose precautionary measures, owing,
upon duly reasoned request, make this data available to the
European Commission and the ORECE.
CHAIR OF THE COUNCIL OF MINISTERS
23
Article 15.
[...]
1-Compete à ARN ensure efficient spectrum management, understood as the
set of frequencies associated with the radioelectric waves, taking into account
the important social, cultural and economic value of these frequencies.
2-[...]:
a) [...];
b) [...];
c) [...];
d) Weighting the interests of spectrum users.
3-A ARN shall cooperate with the Commission and with the competent entities
by the spectrum management of the other Member States in the planning
strategic, in the coordination of spectrum policy and the harmonisation of the
use of frequencies in the European Union, specifically in scope
of the multiannual programmes relating to the spectrum policy approved by the
European Parliament and by the Council, taking into account, inter alia, the
economic, safety, health, public interest, public interest,
freedom of expression, cultural, scientific, social and technical of policies
of the European Union, as well as the various interests of users of
spectrum.
CHAIR OF THE COUNCIL OF MINISTERS
24
4-A ARN shall promote the harmonisation of the use of frequencies in the
European Union in a manner consistent with the need to guarantee its
effective and efficient use and pursue the goal of obtaining
benefits for consumers, such as economies of scale and the
interoperability of services, pursuant to the provisions of the preceding paragraph,
as well as in Decision No 676 /2002/CE, of the European Parliament and of the
Council, of March 7, 2002, on a regulatory framework for the
radiofrequency spectrum policy in the European Community (Decision
spectrum of radio frequencies).
5-Compete à ARN proceed to the allocation of spectrum and the consignment of
frequencies, which comply with objective criteria, transparent, not
discriminations and proportionality.
Article 16.
[...]
1-Compete à ARN to advertise and keep up to date the National Framework of
Assignment of Frequencies (QNAF), which shall include:
a) The Frequencies Attribution Table, corresponding to the
subdivisions of the radioelectric spectrum, discriminating for each track
of frequencies the radiocommunication services in accordance with the
assignments of the Regulation of Radiocommunication of the ITU
applicable to Portugal;
b) The frequency bands and the spectrum allocated to the companies that
offer public communications networks or services from
electronic communications accessible to the public, including the date of
review of the assignment;
CHAIR OF THE COUNCIL OF MINISTERS
25
c) The frequency bands reserved and to be made available in the framework of
electronic communication networks and services, accessible and not
accessible to the public, specifying, in each track, the cases in which
are required rights of use, as well as the respective process
of attribution;
d) The rights to use unceiveable frequency of transmission
and leasing, as well as the tracks for which they are not admissible to
transmission and leasing, pursuant to Article 34.
2-The frequencies whose management is, at each time, delegated to the Forces
Armed and security forces and services are excluded from the advertise to
that refers to the previous number.
3-QNAF can take the form of a portal online .
Article 17.
[...]
1-[...].
2-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) To ensure that a company to which the right of
use of a number of numbers does not discriminate against other providers
of electronic communications services with respect to the
sequences of numbers used to give access to their services;
CHAIR OF THE COUNCIL OF MINISTERS
26
f) Support the harmonisation of specific numbers or series of numbers
specific in the European Union, when such promote the operation
of the internal market and the development of pan-European services,
well how to coordinate your position with the other entities
competent of the Union in the framework of organizations and instances
international in which decisions are made on issues of
numbering, where this is appropriate to guarantee the
global interoperability of services.
3-[...].
4-[...].
Article 19.
[...]
1-[...].
2-Without prejudice to the provisions of the following number, the provision of networks and services
of electronic communications, accessible or not to the public, is only
subject to the general authorization regime, and may not be dependent on
any prior decision or act of the NRA.
3-A The use of numbers and frequencies is subject to the authorisation scheme
overall in the terms of the previous number and depends additionally on the
allocation by the ARN of rights of use, in all cases for the
numbers and the exceptional title for the frequencies.
CHAIR OF THE COUNCIL OF MINISTERS
27
4-A The use of frequencies for electronic communication services,
is or is not dependent on the allocation of rights of use, is subject
to the conditions of use of the spectrum provided for in the Decree-Law
n 151-A/2000 of July 20, as amended by Decrees-Law No 167/2006,
of August 16, and 264/2009, of September 28.
5-[ Revoked ].
6-[ Revoked ].
7-[ Revoked ].
Article 20.
[...]
1-[...].
2-The changes to the use rights of frequencies provided for in the number
previous shall take into account the specific conditions applicable to the rights
communicable, in accordance with Article 34.
3-The amendments to be adopted under this Article are subject to the
general procedure of consultation referred to in Article 8 being granted
to those interested, in particular to users and consumers, a deadline
sufficient to rule on the proposed amendments, which, unless
in duly justified exceptional circumstances, it should not be
less than 20 days.
4-Except from the previous number the cases of changes little
significant, in which the substantial nature of the general authorizations and the
rights of use is not modified, notably not creating
comparative advantages, and which have been agreed upon with the holder of the
general permission or the rights of use.
CHAIR OF THE COUNCIL OF MINISTERS
28
Article 21.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
7-Companies that cease the provision of networks and or services of communications
electronic must communicate this fact to ARN in advance
minimum of 15 days.
Article 22.
[...]
They constitute rights of companies that offer communications networks
public or electronic communications services accessible to the public:
a) Negotiate the interconnection and obtain the access or interconnection of others
companies that offer public communications networks and services from
electronic communications accessible to the public, in the conditions and in the
terms provided for in this Law;
b) Be able to be assigned to offer some of the service benefits
universal and or to cover different zones of the national territory, in
compliance with the provisions of this Law.
CHAIR OF THE COUNCIL OF MINISTERS
29
Article 23.
[...]
No restrictions may be imposed that prevent companies or operators from
negotiate with each other agreements on technical and commercial modalities of access and
interconnection relating to networks and services not accessible to the public.
Article 24.
[...]
1-To companies that offer public communications networks and services from
electronic communications accessible to the public is guaranteed:
a) [...];
b) [...].
2-[...].
3-All authorities with jurisdiction over the public domain shall
draw up and publicize procedures for the allocation of the rights referred to
in the previous figures, which must be efficient, simple,
transparent and adequately advertised, non-discriminatory and Celtic,
it may not between the date of the application submission and its decision
elapse more than six months, except if in question is a process of
expropriation.
4-The conditions applicable to the exercise of the rights referred to in paragraphs 1 and 2
obeyed the principles of transparency and non-discrimination.
5-[...].
6-[...].
CHAIR OF THE COUNCIL OF MINISTERS
30
Article 25.
[...]
1-[...].
2-Without prejudice to the competences of local authorities, the NRA, after period
of consultation with interested parties pursuant to Rule 8, may, for reasons
related to the protection of the environment, health or public safety, or
to meet objectives of spatial planning and defence of the
urban and rural landscape, determine the sharing of resources or properties,
including buildings, entrances of buildings, poles, antennas, towers, structures
of support, ducts, piping, visiting chambers, cabinets or other
existing facilities on site, regardless of their holders
be companies that offer networks or communications services
electronic, ensuring that, in any case, the measures
determined are objective, transparent, non-discriminatory and
compatible with the principle of proportionality.
3-[...].
4-[...].
Article 26.
[...]
1-A dealership of the public telecommunications service shall
make available, by agreement, to companies that offer networks of
public communications or accessible electronic communications services
to the public access to ducts, poles, other facilities and places of which
be proprietary or whose management it is entrusted to you, for installation and maintenance
of your systems, equipment and too much resources.
CHAIR OF THE COUNCIL OF MINISTERS
31
2-A dealership of the public telecommunications service may request
a remuneration to companies that offer communications networks
public or electronic communication services accessible to the public,
by the use of ducts, poles, other facilities and places of which it is
owner or whose management it is entrusted to you, for installation and maintenance of the
your systems, equipment and too much resources.
3-[...].
4-[...].
5-[ Revoked ].
6-[ Revoked ].
7-[ Revoked ].
Article 27.
[...]
1-[...]:
a) [...];
b) [...];
c) Transparency obligations of network operators of
public communications that offer communications services
electronic accessible to the public, in order to ensure the connectivity of
extreme-to-the-extreme, in accordance with the objectives and the
principles set out in Article 5, the disclosure of all
conditions that limit access to and or use of services and
applications when such conditions are authorized under the law
and, where necessary and proportional, the access by the ARN to the
information necessary to substantiate the accuracy of such disclosure;
CHAIR OF THE COUNCIL OF MINISTERS
32
d) Maintenance of the integrity of public networks, inter alia
upon conditions that prevent electromagnetic interference
between networks and or electronic communications services, in the terms
of the Decree-Law No. 325/2007 of September 28, as amended by the
Decree-Law No 20/2009 of January 19;
e) Conditions of use for the communications of the authorities
public with the general public for warnings of imminent threats and
mitigate the consequences of major disasters, as well as
conditions of use during major disasters or emergencies
national, to ensure communications between the services of
emergency and the authorities;
f) [ Previous point (e) ];
g) [ Previous point f) ];
h) [ Previous point (g) ];
i) Conditions of use of the frequencies, pursuant to the Decree-Law
n 151-A/2000 of July 20, amended by the Decrees-Law n. para.
167/2006, of August 16, and 264/2009, of September 28, always
that such use is not subject to the assignment of rights of
use, in the advertised terms in the QNAF;
j) Access of end-users to the national plan numbers of
numbering, the numbers of the European telephone numbering space,
to universal international green numbers and, when it is technical and
economically viable, to the numbering plans of other states-
members, and their conditions, in accordance with the present
law;
CHAIR OF THE COUNCIL OF MINISTERS
33
l) Consumer protection rules, specific to the sector of
electronic communications, including conditions in compliance
with this law, specifically conditions relating to
accessibility for disabled users, according to the article
91.
m) [ Previous point l) ];
n) [ Previous point (m) ];
o) [ Previous paragraph (n) ];
p) [ Previous point (o) ];
q) Restrictions relating to the transmission of illegal content, in
compliance with Decree-Law No. 7/2004 of January 7,
changed by Decree-Law No. 62/2009 of March 10, and à
transmission of aggrieved content, in accordance with the Act
no 27/2007 of July 30, as amended by Law No. 8/2011, of 11 of
April;
r) [ Previous point (q) ];
s) [ Previous point r) ];
t) [ Previous point (s) ].
2-[...].
3-[...].
4-[ Revoked ].
Article 28.
[...]
[...]:
CHAIR OF THE COUNCIL OF MINISTERS
34
a) [...];
b) On the subject of controls in the retail markets, pursuant to the
article 85;
c) [...];
d) [ Repealed ].
Article 29.
[...]
1-Without prejudice to the standards defined as mandatory at the Union level
European, the NRA, to the extent strictly necessary to ensure the
interoperability of services and increase the freedom of choice of the
users, must, in order to encourage the harmonized supply of networks and
electronic communications services and related resources and services,
encouraging the use of non-imperative technical standards and specifications,
having on the basis of the list drawn up by the European Commission and published in the
Official Journal of the European Union, pursuant to Directive No 2002 /21/CE,
of the European Parliament and of the Council of March 7, 2002, amended
by Directive No 2009 /140/CE, of the European Parliament and of the Council,
of November 25, 2009.
2-Compete à ARN promote the advertition on its site in the Internet from the
reference to the publication in the Official Journal of the European Union of the lists of
standards and specifications regarding the harmonised supply of networks and services
of electronic communications and related resources and services and referred to in the
final part of the previous number.
3-[...].
CHAIR OF THE COUNCIL OF MINISTERS
35
4-In the absence of the standards referred to in the preceding paragraph, the NRA shall encourage the
application of international standards or recommendations approved by the ITU,
by the European Conference of Postal Administrations and
Telecommunications (CEPT), by the International Organization of
Normalization (ISO) or by the International Electrotechnical Commission (CEI).
5-Without prejudice to the standards and specifications referred to in the preceding paragraphs,
technical specifications may be issued at the national level.
6-[...].
Article 30.
Allocation of frequency use rights
1-A The use of frequencies is dependent on the assignment of rights of
use only when this is necessary for:
a) Prevent harmful interference;
b) Ensuring the technical quality of the service;
c) Safeguarding the efficient use of the spectrum;
d) Carry out other objectives of general interest defined in the law.
2-The rights to use frequencies can be attributed either to the
companies that offer electronic communications networks or services
either to companies that use such networks or services, under the terms of
applicable legislation.
CHAIR OF THE COUNCIL OF MINISTERS
36
3-Without prejudice to the specific criteria and procedures for the assignment of
rights to use frequencies to television operators and to
distribution and radio operators, to achieve objectives of interest
general, the rights of use shall be assigned through
open procedures, objectives, transparent, proportional, not
discriminations and in accordance with the provisions of Article 16.
4-In cases where it is demonstrated that the allocation of rights to use
frequencies to television and distribution operators and operators
radio is required to carry out a defined general interest objective
in the law, it may be established, by the NRA, an exception to the requirement of the
establishment of open procedures.
5-A The allocation of frequency usage rights may elapse in the
full accessibility scheme or be subject to selection procedures
by competition or comparison, namely auction or concourse.
6-A allocation of frequency usage rights is dependent on
request, on the following terms:
a) In cases of full accessibility, the application must be submitted to the
ARN instructed with the necessary elements to prove the
ability of the applicant to comply with the conditions associated with the
right of use, set out in Article 32, in the terms to be defined
by ARN;
b) In cases of competitive selection procedure or by
comparison in the terms provided for in the following article, the application must
be submitted in accordance with the requirements set out in the
regulations for the allocation of respective use rights.
CHAIR OF THE COUNCIL OF MINISTERS
37
7-Compete to the member of the Government responsible for the area of communications
approve the regulations for the allocation of rights of use of
frequencies whenever they involve competitive selection procedures
or by comparison, and refer to accessible frequencies, for the first time,
within the framework of electronic communications or, not the being, are intended to be
used for new services.
8-Compete à ARN approve the regulations for the assignment of rights of
use of frequencies, in cases not covered by the previous number.
9-A Decision on the allocation of frequency usage rights shall be
prowound, communicated and made public on the following deadlines:
a) In cases of full accessibility, within the maximum period of 30 days, without
injury to international agreements applicable to the use of
frequencies or orbital positions;
b ) In cases of competitive selection procedures or by
comparison, within the time frame that is necessary to ensure that the
procedures to be fair, reasonable, open and transparent to
all interested parties, up to a maximum of eight months, without
injury to international agreements applicable to the use of
frequencies and the coordination of satellite networks.
CHAIR OF THE COUNCIL OF MINISTERS
38
10-When the use of frequencies has been harmonised in the Union
European and, in that context, the conditions have been agreed and
access procedures and selected the companies to which they are
assigned the frequencies, in accordance with international agreements and
community rules, the NRA shall assign the rights of use of such
frequencies in accordance with such provisions and, without prejudice to the
compliance with all the conditions imposed at the national level associated with the
its use, no other conditions may be imposed,
additional criteria or procedures that restrict, change, or delay the
correct implementation of the allocation of these frequencies within the framework of a
common selection procedure.
Article 31.
[...]
1-[...].
2-[...].
3-[...]:
a) [...];
b) Publish a decision, duly substantiated, to limit the
number of rights of use to be allocated, setting out simultaneously
the allocation procedure, which can be of full accessibility
or selection by competition or comparison, notably
auction or tender;
c) [...].
CHAIR OF THE COUNCIL OF MINISTERS
39
4-When the number of frequency usage rights is limited, the
selection procedures and criteria should be objective, transparent,
nondiscriminatory and proportional, and must take into account the objectives
constants of Article 5, as well as the regime established in the article
16 .º-A.
5-A ARN, periodically or in the wake of a reasonable request from the
interested entities, should review the limitation of the number of rights of
use in accordance with Articles 16 and 16-A and, where it concludes that
new rights of use may be assigned, must advertise that
decision and initiate the procedure for the assignment of these rights in the
terms of paragraph 3.
Article 32.
[...]
1-[...]:
a) Obligation to provide a service or to use a type of
technology including, where appropriate, demands for coverage and
quality;
b) Effective and efficient use of the frequencies, in accordance with
o Article 15, including, where appropriate, in particular to prevent
pambaration situations of frequencies, the setting of deadlines of
effective exploitation of the rights of use by the respective holder;
c) Technical and operational conditions necessary for non-production of
harmful interference and limiting the exposure of the population to the
electromagnetic fields, if these conditions are different from the
referred to in para. m) of Article 27 (1);
CHAIR OF THE COUNCIL OF MINISTERS
40
d) Maximum duration, in accordance with the following article, under
reservation of any changes made to the QNAF;
e) Transmissibility of rights, on the initiative of the respective holder, and
conditions of this transmissibility, in accordance with the article
34.
f) [...];
g) [...];
h) [...];
i) Specific obligations for experimental use of frequencies.
2-The conditions of the rights to use frequencies shall comply with the
provisions of Article 16 and the scheme provided for in Article 27 (2) and (3).
Article 33.
Time limit and renewal of the rights to use frequencies
1-The rights to use frequencies are assigned by a time limit of 15
years, and may, in duly substantiated situations, depending on the
service in question and taking into account the intended purpose as well as the
need to allow a suitable period for the amortization of the
investment, be assigned by ARN for a different time frame, with a
minimum of 10 years and a maximum of 20.
2-The rights of use are renewable, by the time limits provided for in the number
previous and attentive to the criteria of their fixation, upon request of the respective
holder presented to ARN with a minimum of one year's notice on
the expiry of the respective term of the duration.
CHAIR OF THE COUNCIL OF MINISTERS
41
3-In the case referred to in the preceding paragraph, the NRA shall respond to the holder in the
maximum term of 6 months, promoting for the purpose the general procedure
of consultation provided for in Article 8, and may:
a) Oppose the renewal of the right of use through decision
duly substantiated;
b) Defer the application for renewal under the same specified conditions
in the initial allocation of the right of use, including the time limit of
validity of the right;
c) Defer the application for renewal with imposition of separate conditions
of those specified in that right.
4-The silence of the NRA, after the course of the period provided for in the preceding paragraph,
is worth as a tacit dewound.
5-The rights to use frequencies may not be restricted or
revoked before the respective expiry date has expired, save in cases
duly justified and, if applicable, in accordance with the conditions
fixed in the previous article and without prejudice to the regime of the Decree-Law
n 151-A/2000 of July 20, as amended by the Decrees-Law No 167/2006,
of August 18, and 264/2009, of September 28.
Article 34.
Transmission and leasing of the rights to use frequencies
1-It is permissible for the transmission or leasing of the rights to use
frequencies between companies, in accordance with the conditions associated with these
rights of use and with the procedures established in the present
article, whenever the transmission or leasing of these rights is not
expressly interspoken by the ARN and advertised in the QNAF.
CHAIR OF THE COUNCIL OF MINISTERS
42
2-A interdiction referred to in the preceding paragraph may be established for
the entire term of the right of use or for a period
lower.
3-A ARN shall not inhibit the transmission and leasing of the rights of use
assigned in the tracks for which the transmission and leasing are foreseen
in implementing measures approved for the purpose by the European Commission,
in the terms of Directive No 2002 /21/CE, the European Parliament and the
Council, of March 7, 2002, amended by Directive No 2009 /140/CE,
of the European Parliament and of the Council of November 25, 2009.
4-The holders of the rights to use frequencies shall communicate to the
ARN:
a) The intention to convey these rights and the conditions in which the
intend to do;
b) The actual leasing of these rights, within 10 days after the
respective realization.
5-In cases of transmission of frequency use rights to which if
refers to point a ) of the preceding paragraph, is incumbent on the NRA to ensure that:
a) The intention to transmit rights of use, as well as to
delivery of the transmission, are made public;
b) The transmission does not cause any distortions of competition,
in particular by the accumulation of rights of use;
c) The frequencies are used effectively and efficiently;
CHAIR OF THE COUNCIL OF MINISTERS
43
d) The use to which they are destined for the frequencies is respected always
that the same has been harmonized upon application of the
Decision No 676 /2002/CE, of the European Parliament and of the Council,
of March 7, 2002 (Decision spectrum of radio frequencies) or
other community measures;
e) The restrictions laid down in the law on television and radio are
safeguarded.
6-In cases of transmission of rights of use, it is incumbent on ARN
pronounce within a maximum of 45 days on the content of the
communication provided for in paragraph 4, and may substantially oppose the
transmission of projected utilisation rights as well as impose
conditions necessary to comply with the provisions of the preceding paragraph.
7-In cases referred to in the preceding paragraph, the NRA shall request
previously to appear to the Competition Authority, which must be
issued within 10 days, counted from the respective solicitation, and may
be extended in cases whose complexity justifies it.
8-The silence of the NRA, after the course of the period set out in paragraph 6, is worth
as not opposed to the transmission of the rights of use, no
dismising however the communication obligation of the transmission
concretized.
9-A transmission and leasing of rights of use shall not suspend or
interrupts the time frame by which the rights of use have been assigned,
without prejudice to its renewal in the terms of the preceding Article.
10-The conditions associated with the rights of use of frequencies
they shall remain applicable after the transmission or leasing of the said
rights, unless otherwise decided by the NRA.
CHAIR OF THE COUNCIL OF MINISTERS
44
11-A ARN may, after the general procedure of consultation provided for in the article
8., determine rules applicable to the transmission and leasing of rights of
use of frequencies.
12-Where a right of use of frequencies is not transmissible
or leasing in the terms of this Article, compete with ARN
ensure that the fundamentals that have determined the exigency of the
allocation of the right of use, as well as the unceibility of
transmission or leasing, remain justifiable throughout the entire
period of duration of the same.
13-For the purposes of the preceding paragraph, in cases where the
fundamentals for the attributability of attribution of the right to use
frequencies or for the unceasing transmission or leasing leave
To be justified, the NRA shall, specifically upon request
reasoned from the holder of the right, adopt the necessary measures to
revocation of the right of use, by staying the use of frequencies
subject to the general authorization regime, or to the amendment of the said right of
use, eliminating the impossibility of transmission or leasing.
14-In the cases provided for in the preceding paragraph, the NRA shall follow the
procedure provided for in Article 20.
Article 35.
Accumulation of frequency use rights
1-Compete à ARN ensure that flexibility in the use of the frequencies
stemming from, inter alia, the elimination of restrictions on neutrality
technology and services, as well as the accumulation of rights of use
of frequencies, resulting from transmissions or locations, do not cause
distortions of competition.
CHAIR OF THE COUNCIL OF MINISTERS
45
2-For the purposes of the preceding paragraph, ARN may adopt appropriate measures,
particularly:
a) Impose conditions associated with the rights of use of frequencies,
pursuant to Article 32, including setting deadlines for the
effective exploitation of the rights of use by the respective
holder;
b) Determine to the respective holder, and in a concrete case, the transmission
or leasing of frequency use rights;
c) Limit the amount of spectrum to be assigned to a same holder in
procedures for the allocation of frequency usage rights.
3-The measures imposed under the preceding paragraph shall be applied to
proportional, non-discriminating and transparent form.
4-Without prejudice to other applicable sanctionatory mechanisms, the
non-compliance with the measures provided for in this article may determine the
revocation, partial or total, by the ARN of the respective rights of use
of frequencies, following, for the purpose of, the procedure laid down in the article
110.
Article 36.
Allocation of rights of use of numbers
1-A The use of numbers is dependent on the assignment of rights of
use.
2-The rights to use numbers can be assigned either to companies
that offer electronic communications networks or services, or the
companies that use such networks or services, under the legislation
applicable.
CHAIR OF THE COUNCIL OF MINISTERS
46
3-The rights of use of numbers shall be assigned through
open procedures, objectives, transparent, non-discriminatory and
proportional.
4-Without prejudice to the provisions of the preceding paragraph, the ARN may decide, after the
general consultation procedure pursuant to Article 8, which the rights to
use of figures of exceptional economic value are assigned
by means of competitive selection procedures or by comparison,
notably contest or auction, and shall identify them under the terms of
point ( d) of Article 17 (2)
5-A Decision on the allocation of rights of use of numbers shall be
delivered, communicated and made public on the following maximum deadlines:
a) 15 days, in the case of numbers assigned for specific purposes in the
scope of the National Numeracy Plan;
b) 30 days, in cases where the allocation of rights of use is
subject to competitive selection procedures or by
comparison.
Article 37.
Conditions associated with the rights to use numbers
1-Without prejudice to other conditions that result from the general law and the constants
of Article 27 (1), the rights of use of numbers only may
be subject to the following conditions:
a) Designation of the service for which the number is to be used and
possible requirements linked to the offer of that service, including
principles of pricing and maximum prices that can apply-
whether in the specific series of numbers with a view to ensuring protection
of consumers;
CHAIR OF THE COUNCIL OF MINISTERS
47
b) Effective and efficient use of numbers, in accordance with
point ( b) of Article 17 (2);
c) Requirements for the portability of numbers, in accordance
with Article 54;
d) Obligations on the services of lists for the purposes of the articles
50. and 89.
e) Transmissibility of rights, on the initiative of the respective holder, and
conditions of such transmissibility, on the basis of Article 38;
f) Fees, in accordance with Article 105;
g) Any commitments that the company obtains the rights to
use has assumed in the course of a procedure of
selection by competition or by comparison of offers;
h) Obligations arising from the international agreements applicable in
matter of use of numbers.
2-It shall apply to the rights of use of numbers the provisions of paragraphs 2 and 3
of Article 27.
Article 39.
[...]
1-Constituts rights of users under the terms of this Law:
a) [...];
b) Have, in good time and in advance of the celebration of any
contract, of written information on the conditions of access and
use of the service pursuant to Art. 47;
c) [...].
CHAIR OF THE COUNCIL OF MINISTERS
48
2-Constituts rights of the end-users, under the terms of this Law:
a) Dispose of information on quality of service, as
provided for in Article 40;
b) Dispose of information on telephone hotline indicative
European, in accordance with Article 44;
c) Resort to the complaints handling procedures, in
compliance with Article 48;
d) Access the information services of lists under the terms of paragraph 2 of the
article 50;
e) Access the emergency services, pursuant to Article 51;
f) Dispose, where technically and economically feasible, of the resources
additional set out in Article 53 (1);
g) Resort to the mechanisms of extrajudicial settlement of conflicts.
3-Constituts rights of the subscribers under the terms of this Law:
a) Be informed in writing, with the minimum advance of ten
days, of the suspension of the provision of the service, in case of no
payment of invoices, in the terms provided for in Article 52 (2);
b) Access contracted services on a continuous basis, without interruptions
or undue suspensions;
c) Get detailed invoicing, when requested;
d) Have the selective communications bus as well as the
access to the services of audiotext, pursuant to Article 45;
e) Receive, tempestively, all information related to the
base of subscribers who have not satisfied their obligations to
payment, in accordance with the one provided for in Article 46;
CHAIR OF THE COUNCIL OF MINISTERS
49
f) Be informed in the terms provided for in Article 47;
g) Conclude contracts with the specification required in Article 48;
h) Figure in the lists and information services of lists, as scheduled
in Article 50 (1);
i) Being informed, in the terms provided for in Article 52, of the suspension
and extinguishing of the service;
j) Have the portability of the numbers, in accordance with Article 54.
4-[ Previous Article No 3 ].
5-For the purposes of the provisions of the c) of paragraph 3, and without prejudice to the provisions of the
legislation on the processing of personal data and the protection of the
privacy in the electronic communications sector, ARN can define the
minimum level of detail and information which, without any charges, the
companies must assure subscribers that they request invoicing
detailed.
6-Compete à ARN determine to companies that offer networks of
public communications or accessible electronic communications services
to the public, the observance of requirements and requirements necessary to ensure
that end-users with disabilities gain access to services from
electronic communications of equivalent level when making available to the majority
of the end users and benefit from the choice of companies and services to which
have access to most users, as well as, when appropriate and in
measure in which it is proportional, the provision to the generality of the
users of the additional services and resources provided for in points c ), d ), f) and
g ) of Article 94 (1).
CHAIR OF THE COUNCIL OF MINISTERS
50
Article 40.
[...]
1-Companies that offer public communications networks or services from
electronic communications accessible to the public are required to publish and
making available to end users comparable, clear information,
complete and up-to-date on the quality of the services they make available,
as well as offers to assure end-users with
disability an equivalent access to that of the remaining end users.
2-For the purposes of the preceding paragraph, the NRA, after realization of the procedure
general consultation referred to in Article 8, may define, among others, the
quality parameters of the services to be measured and their content, the format and
the mode of publication of the information, and may still define possible
quality certification mechanisms designed to ensure that the
end-users, including end-users with disabilities, have
access to clear, complete, reliable and comparable information.
3-For the purposes of the provisions of the preceding paragraph, the NRA, when it considers
appropriate, may follow the annex to this diploma.
4-Whenever it is justified to prevent the degradation of services or the
blocking or easing of traffic on the networks, the NRA may fix to the
companies that offer public communications networks minimum requirements
of quality of service.
5-A fixation of the requirements set out in the preceding paragraph shall be preceded by
communication to the European Commission and the ORECE, with which, in addition to the
draft measure to be adopted, the NRA shall submit a summary of the
grounds that substantiate it.
CHAIR OF THE COUNCIL OF MINISTERS
51
6-In the setting of the quality requirements, the NRA shall take into account the
observations and recommendations put forward by the European Commission for
ensure that the planned measures do not negatively affect the good
operation of the internal market.
7-[ Previous Article No 3 ].
Article 41.
[...]
1-Companies that offer public communications networks or services from
electronic communications accessible to the public and enjoy rights
special or exclusive for the provision of services in other sectors,
in the same or another Member State, they must have a system of
separate accounting for the supply activities of networks or services of
electronic communications, which must be submitted to an audit
independent, to be carried out by entity to be designated by ARN or by this
accept, or create legally separate entities for the correspondents
activities.
2-[...].
3--Companies that offer public communications networks or services from
electronic communications accessible to the public which, pursuant to the
specific legislation that is applicable to them, are not subject to control
accounting, they must draw up and submit the respective annually
financial reports to an independent audit and publish them.
CHAIR OF THE COUNCIL OF MINISTERS
52
Article 42.
[...]
1-Companies that offer public communications networks should explore
its network of cable television through legally separate entities
whenever:
a) [...];
b) [...];
c) [...].
2-[...].
3-[...].
Article 43.
[...]
1-Compete à ARN to impose on companies that offer communications networks
public used for the distribution to the public of programme services
televisions and radio obligations of transport of these programme services
specific and complementary services, in particular services of
accessibility in such a way as to allow for adequate access to users
endings with a disability, specified in the terms of the law by the entity
competent in the area of social communication, when a significant number
of end users of these networks use them as a main medium of
receipt of radio and television broadcasts.
2-[...].
3-[...].
CHAIR OF THE COUNCIL OF MINISTERS
53
Article 44.
European access telephone indicative
1-Companies that offer electronic communications services and
international calls should use the prefix "00" as indicative
uniformed of international access.
2-Compete à ARN ensure that all companies that offer services
telephone accessible to the public and international calls treat all the
calls originated in or destined for the European Numeracy Area
Telefónica (EENT) by applying them prices similar to those applicable to
calls with origin and destination in other Member States.
3-Whenever it is technically and economically feasible, and without prejudice to the
provisions of the following number, the companies that hold Plan numbers
National of Numeracy on the national territory shall:
a) Ensure access to all figures provided in the European Union,
regardless of the technology and devices used by the
provider, particularly those included in the national plans of
numbering of the Member States, those of the EENT and the figures
universal free call (UIFN) universal call.
b) Ensure access to and use of services through numbers not
geographic by the end users within the Union
European
4-[ Previous Article No 2 ].
5-[ Previous Article No 3 ].
CHAIR OF THE COUNCIL OF MINISTERS
54
Article 45.
Selective bus of communications
1-Companies that offer public communications networks or services from
electronic communications accessible to the public that serve as a support to the
provision of audiotext services should ensure, as a rule, that the
access to these services find yourself barred without any charges, only
may that be activated, generic or selectively, after application
written carried out by the respective subscribers.
2-Excluded from the provisions of the previous number the audiotext services of
televoto whose access is automatically provided to the user.
3-A the request of the respective subscribers, the companies offering networks of
public communications or accessible electronic communications services
to the public that serve as a support for the provision of value services
added based on the sending of message, including SMS ( short message
service ) or MMS ( multimedia messaging service ), shall, without any charge,
barring communications, exit or entry, for such services,
regardless of whether or not there is a contract with the provider
of these services, or of their eventual resolution.
4-For the purposes of the preceding paragraph, the bus shall be carried out until twenty
and four hours after the subscriber's request, through any support
durable of communication, it may not be charged to you any costs
associated with the provision of the services whose bus was requested, after
that deadline.
5-A ARN may lay down the necessary elements required to make proof of the
legitimacy to apply for the bus or unlock of services
predicted in the previous numbers.
CHAIR OF THE COUNCIL OF MINISTERS
55
6-Where it considers appropriate, the NRA may determine to the companies that
offer public communications networks or communications services
electronic accessible to the public which, at the request of the respective subscribers,
secure the selective and free bus of communications, outbound or
of entry, of applications analogous to those referred to in paragraph 3 or for other types
defined from numbers.
7-Where they are determined by the competent authorities, with
foundation in the existence of fraud or abusive use, the companies that
offer public communications networks or communications services
electronic accessible to the public should block, on a case by case, access to
certain numbers or services and retain the revenue from the
interconnected with the same.
Article 46.
[...]
1-[...].
2-[...].
3-[...]:
a) [...];
b) [...];
c) Obligation of information in contracts or express warning
to subscribers who already have a contract concluded from the possibility of the
enrollment of your data in the database in the event of default
of contractual obligations, explaining the amount of debt to be departed
of which the enrollment of the subscribers ' data on that basis is ensued
and the mechanisms that can be used to prevent that inclusion;
CHAIR OF THE COUNCIL OF MINISTERS
56
d) Assurance that previously to the inclusion of subscriber data in the
basis these are notified to, within no less than five days,
remedy contractual default, regularize your debtor balance or
demonstrate their inexistence or unchargeability;
e) Obligation to inform subscribers, within five days, that
your data has been included in the database;
f) [ Previous point (d) ];
g) [ Previous point (e) ];
h) Immediate disposal of all elements relating to the subscriber
after the payment of the debts in question, or when their value is
lower than that provided in the paragraph a ) of paragraph 4;
i) Non-inclusion of data relating to subscribers who have submitted
proof of the inexistence or intestability of the debt or
while taking the analysis, by the operator or provider of the service,
of the arguments presented for dispute of the existence of the balance
debtor or during the fulfillment of agreement intended for his
payment;
j) [ Previous point (g) ].
4-[...]:
a) Minimum amount of credit in debt for the subscriber to be
included in the database, which may not be less than 20% (twenty
per cent) of the guaranteed monthly minimum remuneration;
b) [...];
c) [...];
d) [...];
CHAIR OF THE COUNCIL OF MINISTERS
57
e) [...];
5-[...];
6-The scheme provided for in the preceding paragraph shall not apply to service providers
universal, which they cannot refuse to hire in the framework of the service
universal, without prejudice to the right to demand the provision of guarantees.
Article 47.
[...]
1-Companies that offer public communications networks or services from
electronic communications accessible to the public are obliged to
make available to the public adequate information, transparent,
comparable and updated on the usual terms and conditions in
access to and use of the services they provide to users
endings and to consumers, explaining, in detail, their prices and
too much charges, as well as, where applicable, those relating to the cessation of
contracts.
2-For the purposes of the provisions of the preceding paragraph, they shall owe those undertakings
publish and ensure that they are available and easily accessible
on your sites from the Internet and at the points of sale of the services, according
with the one defined by ARN, the following information:
a) Identification of the provider, indicating name, form of contact and
address of the headquarters of the company that provides communications networks
public or services accessible to the public;
b) Information on accessible electronic communications services
to the public offering, containing among others, the following
elements:
CHAIR OF THE COUNCIL OF MINISTERS
58
i) Description of the services offered, as well as the various
benefits and functionalities that are included in them,
indicating the geographical area in which the same are found
available;
ii) Levels of quality of service offered;
c) Normal prices, explaining the values due by each of the
services provided and the content of each element of the price,
covering, in particular the burden on access,
use and maintenance, as well as detailed information on the
applied normal discounts and special tariff systems or
specific, possible additional charges, costs for
terminal equipment and charges arising from the cessation of
contract;
d) [...];
e) [...];
f) Typical contractual conditions, including possible periods
minimum contractual, conditions of termination of the contract,
procedures and charges related to the portability of the
numbers and other identifiers, when existing as well as the
indication of the formalities and documents to be submitted with the application
of portability for the termination of the contract;
g) Mechanisms for conflict resolution, including those created by the
company that offers the network or the service.
3-Companies obliged to publish and make available the information referred to
in the previous figures must communicate them to ARN.
CHAIR OF THE COUNCIL OF MINISTERS
59
4-The information published by the companies in the terms of the numbers
previous may be used free of charge for sales purposes or
provision of interactive guides or other mechanisms of information
and comparison of offer conditions that enable consumers and
too many end users an isenta assessment of the cost of standards
alternative consumption.
5-A ARN may promote or ensure the making available to the public of the
mechanisms referred to in the preceding paragraph, particularly when it checks
that the same are not available free of charge or at a price
accessible.
Article 48.
[...]
1-Without prejudice to the legislation applicable to consumer protection, the offer of
public communications networks or electronic communications services
accessible to the public is the subject of contract of which they must compulsorily
record, in a clear, exhaustive and easily accessible manner, the following
elements:
a) [...];
b) The services provided, the minimum quality levels of services
offered, specifically the time required for the initial connection,
as well as the levels for the remaining parameters of quality of
service that are set out in accordance with Article 40;
CHAIR OF THE COUNCIL OF MINISTERS
60
c) Restrictions imposed on the use of terminal equipment
provided, possible limitations on access and use of services,
as well as measures implemented to condition the traffic of
mode to avoid depleting or overcoming the contracted capacity,
indicating, in this case, how these procedures will be
repertoire in the quality of the service;
d) Information on the provision, or not, of access to services
of emergency and the location information of the person carrying out the
call, as well as on the existence of any limitations to the
provision of the emergency services, pursuant to Article 51;
e) The types of support and maintenance services offered, as well as
ways to get in touch with them;
f) The details of prices and the means of obtaining information
updated on all prices and maintenance charges
applicable, as well as forms of payment and possible charges or
penalizations inherent in each of them;
g) [ Previous point (e) ];
h) [ Previous point f) ];
i) The method for initiating the conflict resolution processes in the
terms of Article 48-B;
j) [ Previous point (h) ];
l) [ Previous point (i) ];
m) Indication of the possibility of enrolment of subscriber data in the
basis of data provided for in Article 46;
CHAIR OF THE COUNCIL OF MINISTERS
61
n) Measures that the supplier may adopt following incidents
relating to the safety or integrity of the network or to react to threats
or situations of vulnerability;
o) Subscriber protection measures against risks to safety
personnel, for privacy and for personal data.
2-A information relating to the duration of the contracts shall include indication of the
existence of minimum contractual periods associated with, specifically, the
offer of promotional conditions, to the subsidisation of the cost of
terminal equipment or the payment of charges arising from the
portability of numbers and other identifiers, as well as indicate
possible charges arising from the early termination of the contract by
initiative of the subscriber, particularly as a result of the recovery of
costs associated with the subsidizing of terminal equipment.
3-The contracts for the provision of electronic communications services
celebrated with consumers cannot establish a period of
initial duration greater than 24 months.
4-Companies providing accessible electronic communications services
to the public should offer to all users the possibility of
conclude contracts by the deadline of 12 months.
5-Without prejudice to the existence of minimum contractual periods, in the terms
from the previous number, companies should not establish conditions
disproportioned contractual or procedures of resolution of the
overly onerous and discourteous contracts of the change of
service provider on the part of the subscriber.
CHAIR OF THE COUNCIL OF MINISTERS
62
6-Whenever the company makes a change to any of the conditions
contractual as referred to in paragraph 1, shall communicate in writing to subscribers to
proposal for amendment, by appropriate form, in advance
minimum of one month, and shall simultaneously inform subscribers of the
your right to rescind the contract without any penalty, in the case of
non-acceptance of the new conditions, within the period set out in the contract.
7-The provisions of the preceding paragraph shall not apply to contractual changes in
that it is possible to identify an objective advantage for the subscriber neither
departs the regime of counterdepartures provided for early termination,
by subscribers, from contracts that establish contractual periods
minimums.
8-Companies that offer public communications networks or services from
electronic communications accessible to the public must deposit in the NARN
and in the Directorate General of the Consumer (DGC), an exemplar of the contracts
involving, albeit partially, adherence to contractual clauses
general they use for the provision of networks and services.
9-The deposit referred to in the preceding paragraph shall be carried out at the time
maximum of two working days on the date on which the use of the
adhesion contract and, whenever this one is intended to replace a contract
previously used, must indicate which model the contract
deposited aims to replace.
10-A ARN may determine the immediate cessation of the use of contracts
in use by the companies that offer public communications networks or
electronic communications services accessible to the public or its
adaptation, when it checks its discompliance with the fixed rules
in legislation whose application it is up to you to supervise or with any
determination delivered within the framework of its competences, following, to
the effect, the procedure laid down in Article 110.
CHAIR OF THE COUNCIL OF MINISTERS
63
Article 49.
Availability of services
1-Companies that offer accessible telephone services to the public through
of public communications networks should ensure the highest availability
possible of the services in situations of network breakage, situations of
emergency or force majeforce.
2-Companies that provide accessible telephone services to the public should
take all necessary measures to ensure uninterrupted access to the
emergency services.
3-[ Revoked ].
Article 50.
Information services of telephone directories
1-Subscribers of telephone services accessible to the public have the right
of appearing on the complete list available to the public, provided for in the a)
of Art. 89 (1), and that your personal data are
made available to the service providers of lists and of
accessible lists to the public.
2-The end-users of the telephone services accessible to the public have the
right of access to the information services of lists made available to the
public in general, competing against ARN, when needed to ensure
that right, determine the adoption of measures, specifically
enforcing obligations, in the terms provided for in Article 77.
CHAIR OF THE COUNCIL OF MINISTERS
64
3-Regulatory restrictions may not be imposed that prevent the
end users of a Member State from accessing directly to the
information services from lists of another member state through
vocal communications or by SMS.
4-[...].
5-The provisions of this Article shall be subject to the standards 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-Constitui right of the end users of communications services
electronic that allow to make national calls for numbers
included in the National Numeracy Plan, including users of
public posts, access free of charge and without having to resort to any
means of payment, to emergency services using the single number
of European emergency "112" and any other national number of
emergency specified by the NARN, duly identified in the said
Plan.
2-The companies that provide an electronic communications service that
allows you to make calls to a number or numbers included in the Plan
National of Numeracy shall ensure the right of access referred to in
previous number and make available free of charge to the responsible authority
by the treatment of emergency calls, the information on the
location of the person who carries out the call, at the time this is
received, with respect to all calls to the single number of
European emergency.
CHAIR OF THE COUNCIL OF MINISTERS
65
3-Compete à ARN establish, by regulation, the criteria for accuracy and
reliability of the information on the location to be provided to the authority
responsible for the handling of emergency calls.
4-A entity responsible for the care and handling of the calls of
emergency must adopt the necessary measures to ensure the appropriate
dissemination, in Portugal, of the existence and use of the single number
European emergency call, specifically through initiatives
intended for foreign citizens who find themselves on a journey in the
national territory, as well as ensuring the appropriate and efficient
care and handling of the calls made for the single number
emergency European "112" or for the national number or numbers of
emergency that remain in activity.
5-The companies referred to in paragraph 2 shall make available to the end-users
with disabilities the access to the emergency services of equivalent level to the
of the remaining end users, and they shall always be able to follow the
European standards and specifications published in the terms set out in the
article 29, without prejudice to the adoption of additional requirements more
demanding intended to ensure access to the said services.
Article 52.
[...]
1-Companies that offer public communications networks or services from
electronic communications accessible to the public can only suspend the
provision of the services they provide, after appropriate pre-warning to the subscriber,
save if fortuitous or force majeany.
CHAIR OF THE COUNCIL OF MINISTERS
66
2-In case of non-payment of invoices, suspension only may occur
after warning in writing to the subscriber, with the minimum advance of
ten days, which justifies the reason for the suspension and inform the subscriber of the
means at their disposal to prevent it.
3-[ Previous Article No 2 ].
4-[ Previous Article No 3 ].
5-A extinction of service by non-payment of invoices can only take place
when the debt is chargeable and after appropriate notice of eight days, to the
subscriber.
Article 53.
[...]
1-Companies that offer public communications networks or services
telephone accessible to the public are required to make available to the
end users, where technically and economically feasible, the
following features:
a) Marking in multifrequency-DTMF, ensuring that the network of
public communications or telephone services accessible to the
public support the use of the DTMF tones defined in the
ETSI ETR 207, for extreme-to-extreme signaling through the
network;
b) [...].
2-[...].
CHAIR OF THE COUNCIL OF MINISTERS
67
Article 54.
[...]
1-Without prejudice to other forms of portability that come to be
determined, is guaranteed to all subscribers with numbers included in the
National Numeracy Plan that will request you the right to keep your
number or numbers, within the framework of the same service, irrespective of the
company that offers it, in the case of geographical numbers, in a particular
location, and in the case of the remaining numbers, throughout the national territory.
2-The companies responsible for the implementation of portability must ensure
that the transfer of a subscriber from one company to another, with
implementation of portability, complete in the shortest possible time and
with respect for the express will of the subscriber.
3-When subscribers complete an agreement for the transfer of the number,
the effective transfer of the number to the new company shall occur in the
maximum term of one business day, and the loss of service may not exceed that
period.
4-The wholesale prices related to the offer of the portability of the
numbers must comply with the principle of guidance for costs, not
owing the possible direct charges for subscribers to disincentiise the
change of service provider.
5-[ Previous Article No 3 ].
6-[ Previous Article No 4 ].
CHAIR OF THE COUNCIL OF MINISTERS
68
7-Compete à ARN, after the general procedure for consultation provided for in the article
8., determine the rules required for the implementation of portability, including the
definition of the overall process portability process, taking into account
the national provisions on contracts, technical feasibility and
need to ensure the continuity of the service to the subscriber, as well as
protection mechanisms of subscribers, notably the fixation of
compensation to be paid by the companies, in case of delay in portability
of the number or undue portability.
Article 56.
[...]
[...]:
a) Define the relevant markets of products and services, having in
account for the recommendation of the European Commission issued under the
Directive No 2002 /21/CE, of the European Parliament and of the Council,
of March 7, 2002, as amended by Directive No 2009 /140/CE, of the
European Parliament and of the Council of November 25, 2009,
hereinafter referred to as a recommendation of the European Commission, well
as other relevant markets in it not foreseen;
b) [...];
c) [...];
d) [...].
CHAIR OF THE COUNCIL OF MINISTERS
69
Article 57.
[...]
1-Where decisions to be adopted pursuant to the previous article are
capable of affecting trade between the Member States, shall be the subject of the NRA,
after the conclusion of the general procedure for consultation provided for in Article 8,
observe the following procedure aimed at the consolidation of the market
internal:
a) Make it accessible by appropriate means, simultaneously to the Commission
European, the ORECE and the national regulatory authorities of the
remaining Member States, the draft reasoned decision
indicating the information that is confidential;
b) Notify the European Commission, the ORECE and the authorities
national regulators of the remaining Member States of which the
draft decision is accessible and what the medium
made available for access.
2-A The European Commission, the ORECE and the national regulatory authorities
may pronounce on the draft decision within one month, the
which cannot be extended.
3-A ARN, after analysis of the submissions received, which must be taken
account, or in the absence of the same, may approve the definitive decision,
communicating it to the European Commission and the ORECE.
4-Except for the provisions of the preceding paragraph, the draft decisions of the
ARN relating to the following subjects, where any of the
conditions referred to in paragraph 5:
a) Definition of relevant markets other than those indicated in the
recommendation of the European Commission;
CHAIR OF THE COUNCIL OF MINISTERS
70
b) Designation or not of a company with market power
meaningful, whether individual, or jointly with others.
5-When a draft decision referred to in the number is concerned
previous to affect trade between Member States and whenever the
European Commission, in the framework of the procedure laid down in paragraph 2, has
informed ARN that it considers that the draft decision is likely to
create an entrave to the internal market, or that has serious doubts as to the
its compatibility with Community law, specifically with the
regulation objectives set out in Article 5, the NRA shall postpone the
approval of the draft decision by an additional two-month period,
imextendable.
6-When, within the period of two months referred to in the preceding paragraph, the Commission
European, after the opinion of the ORECE and in the terms of the procedure laid down
in Directive No 2002 /21/CE, of the European Parliament and of the Council, of 7
of March 2002, as amended by Directive No 2009 /140/CE, of Parliament
European and Council, of November 25, 2009, request
fundamentably to the NRA to withdraw the draft decision, indicating
specific proposals for amendment, the NRA, within 6 months of the
date of notification of this decision, shall:
a) Withdrawing the draft decision, communicating that decision to the Commission
European and the ORECE;
b) Change the draft decision by submitting it again to the
general and specific procedures of consultation, provided for,
respectively, in Article 8 and in this Article.
CHAIR OF THE COUNCIL OF MINISTERS
71
7-If, within two months provided for in the preceding paragraph, the Commission
European to decide to withdraw its reservations about the draft decision, may the
ARN adopt the definitive decision, communicating it to the European Commission and
to ORECE.
8-The procedure set out in this article may not be applied to us
cases provided for in the recommendations or guidelines of the European Commission,
approved under the procedure laid down in Directive n.
2002 /21/CE, of the European Parliament and of the Council, of March 7 of
2002, as amended by Directive No 2009 /140/CE of the European Parliament and
of the Council, of November 25, 2009.
Article 58.
[...]
1-[...].
2-[...].
3-[...].
4-[ Revoked ].
Article 59.
[...]
1-[...].
2-[...].
3-[...].
CHAIR OF THE COUNCIL OF MINISTERS
72
4-Should ARN determine that a relevant market is not actually
competitive, it is incumbent on you to determine which companies,
individually or in conjunction with others, have market power
significant in that market and impose regulatory obligations on them
specific suitable or maintain or change these obligations, should they already exist.
5-Case the European Commission, upon a decision taken pursuant to the
Directive No. 2002 /21/CE, of the European Parliament and of the Council, of 7 of
March 2002, amended by Directive No 2009 /140/CE, of Parliament
European and Council, of November 25, 2009, identify markets
transnational, the NRA must proceed, along with the rest
national regulatory authorities involved, to a joint analysis of the
market or markets concerned, taking into account the guidelines, of
how to pronounce on the imposition, maintenance, alteration or
removal of the obligations provided for in this title.
6-[ Revoked ].
Article 60.
[...]
1-[...].
2-[...].
3-A ARN may consider that two or more companies enjoy a position
joint dominant when, even in the absence of structural relations or
others among them, operate in a market that is characterized by a lack of
effective competition and in which no joint venture has any power to
significant market.
CHAIR OF THE COUNCIL OF MINISTERS
73
4-Without prejudice to the case-law of the Court of Justice of the Communities
Europeans on joint dominance, the NRA must, in its assessment,
use criteria based on certain characteristics of the market in
analysis in terms of concentration, pondering in particular the
following factors:
a) [ Repealed ];
b) [ Repealed ];
c) [...];
d) [ Repealed ];
e) [ Repealed ];
f) [...];
g) [ Repealed ] ;
h) Vertical integration with collective refusal of supply;
i) High legal or economic barriers to access;
j) [...];
l) [...];
m) [ Repealed ] ;
n) [ Repealed ] ;
o) [ Repealed ] .
5-Should a company have a significant market power in a market
specific, it may be considered that it also holds it in a market
adjacent, if the links between the two markets are such as to allow the
that company use in this adjacent market, by leverage, the power
held in the first strengthening of its market power.
CHAIR OF THE COUNCIL OF MINISTERS
74
6-In cases provided for in the preceding paragraph, ARN may impose, on the market
adjacent, obligations aimed at preventing the leverage effect, in
compliance with Articles 67, 68, 69, 70, 74, 75, 75 and 76 and, if
these prove to be insufficient, in accordance with Article 85.
Article 63.
[...]
1-In the exercise of the powers provided for in this Chapter, the NRA shall,
in accordance with the objectives of regulation provided for in Article 5,
encourage and, where appropriate, ensure proper access and interconnection,
as well as the interoperability of services, with a view to promoting the
efficiency, sustainable competition, efficient investment and innovation
and to provide the maximum benefit to end users.
2-[...].
3-[...].
Article 64.
[...]
1-[...].
2-Operators have the right and, when requested by others in the exercise
of the right provided for in paragraph a) of Article 22, the obligation to negotiate the
interplay with each other with a view to the provision of the communications services
electronic accessible to the public, in order to guarantee the offer and
interoperability of services.
3-[...].
4-[...].
CHAIR OF THE COUNCIL OF MINISTERS
75
Article 66.
[...]
1-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) Obligation of functional separation, pursuant to Art. 76.
2-[...].
3-[...].
4-Exceptionally and when appropriate, ARN may impose on operators
declared with significant market power obligations beyond the
provided for in points a) a e) of paragraph 1, upon prior permission of the
European Commission, pursuant to Directive No 2002 /19/CE, of the
European Parliament and of the Council of March 7, 2002, as amended by the
Directive No. 2009 /140/CE, of the European Parliament and of the Council, of 25
of November 2009, for which you must submit a previously
draft decision.
CHAIR OF THE COUNCIL OF MINISTERS
76
Article 67.
[...]
1-A The transparency obligation consists in the requirement to advertise, in a way
appropriate, the information regarding the provision of access and interconnection of the
operator, namely, accounting information, specifications
techniques, characteristics of the network, terms and conditions of offer and use,
including prices and all conditions limiting access or use
of services and applications, as long as permitted by law or by the
applicable regulations.
2-[...].
Article 69.
Minimum elements to be included in the reference offers
1-Whenever an operator is subject to the provision of access offer
physical to the network infrastructure, including unbundled access to the loop
place, must publish a reference offer containing, at a minimum, the
following elements, without prejudice to the provisions of paragraph 2 of the preceding Article:
a) [...];
b) [...];
c) [...];
d) [...].
CHAIR OF THE COUNCIL OF MINISTERS
77
2-[...]:
a) Detailed information, including location, relative to the points of
physical access and elements of the network that are the subject of the offer of access,
including associated equipment, covering, in particular, the
disaggregated access (including the availability of the lacets and
local sub-lacements), complete and shared, the cabinets and the
repartiers of the plants, and including, when it is the case, access to
resources and infrastructures that enable the installation of networks of
access and transport by the beneficiaries, such as pipelines and
associated infrastructure, and cable paths in the interior of the plants
places or the points of care;
b) [ Repealed ];
c) Technical conditions related to the access and use of the
lacetes and local sub-lacetes, including the technical characteristics of the
metallic access and or from the fiber optic and or equivalent, from the repartiers
of cables, of the related services and, where the case may be, conditions
techniques for access to the pipelines and associated infrastructure;
d) [...].
3-For the purposes of the provisions of the b) of paragraph 1, shall be specified
next:
a) Updated information on the relevant existing locations of the
operator with significant market power or locations of the
equipment and forecasted updating of them, and may
availability of this information is limited exclusively to the parties
interested for reasons of public safety;
CHAIR OF THE COUNCIL OF MINISTERS
78
b) Co-installation options at the sites identified in the previous paragraph,
including physical co-installation (in open space) and, if appropriate, the
remote co-installation and virtual sharing;
c) Characteristics of the equipment, including possible restrictions on the
equipment that can be installed in co-installation;
d) Safety standards, including measures adopted by the operators
notified to ensure the safety of their facilities;
e) Conditions for access by the staff of the beneficiary operators of the
access, including the conditions for the beneficiaries to be able
visit the places where it is possible to co-install or the places whose co-
installation was refused on grounds of lack of capacity;
f) [ Repealed ];
g) [...];
h) [ Repealed ].
4-[...].
5-[...].
Article 72.
[...]
1-[...].
2-[...]:
a) Grant to third parties access to elements and or network resources
specific, including the access to network elements that do not
find assets and or the unbundled access to the local loop;
b) [...];
CHAIR OF THE COUNCIL OF MINISTERS
79
c) [...];
d) [...];
e) Offer specific services in order to guarantee to users the
interoperability of services from extreme to extreme, including
features for smart network services or itinerancy ( roaming ) in
mobile networks;
f) [...];
g) Offer specific wholesale services for resale by third parties;
h) [...];
i) Offer access to associated services, such as identity,
location and service of presence;
j) Allow the selection and pre-selection of operator and or the offer of re-
Rental of the subscriber line;
l) [ Previous point (i) ].
3-[...].
4-In the decision to impose or not the obligations laid down in the preceding paragraphs,
particularly in the assessment of the proportionality of its application in the face of
regulation objectives set out in Article 5, the NRA shall have especially in
accounts for the following factors:
a) Technical and economic feasibility of the use or installation of
competing resources, depending on the pace of development of the
market, taking into account the nature and the type of the interconnection and or the
access in cause, including the feasibility of other access products
upstream, such as access to infrastructure, notably the
conduits;
CHAIR OF THE COUNCIL OF MINISTERS
80
b) [...];
c) Initial investment by the owner of the resources, taking into account the
public investment realized and the risks involved in the realization of the
investment;
d) Need to safeguard the competition in the long term by assigning
particular attention to efficient competition in terms
economic, at the level of the infrastructure;
e) [...];
f) [...].
Article 73.
[...]
1-When necessary to ensure the normal operation of the network, by imposing
the obligations laid down in the previous article, the NRA may establish
technical or operational conditions applicable to the supplier and or to the
beneficiary of access.
2-When the conditions imposed in the terms of the preceding paragraph refer to the
application of specific technical standards or specifications, must comply
to the rules applicable in respect of standardization under Rule 29.
CHAIR OF THE COUNCIL OF MINISTERS
81
Article 74.
[...]
1-When a market analysis indicates that a potential lack of
effective competition implies that operators can keep prices to
an excessively high level or be able to apply a compression of the
price margin at the expense of end-users, ARN may
impose cost amortization and price control obligations, including
the obligation to guide prices for costs and the obligation to
adopt cost accounting systems, for the purposes of offering types
specific access or interconnection.
2-[...]:
a) Taking into consideration the investment carried out by the operator,
particularly in new-generation networks, allowing you a fee
reasonable of profitability on the invested capital, which reflects all
the risks inherent in a new project for investment in networks;
b) [...].
Article 75.
[...]
1-The operators subject to the obligation of price guidance for the costs
they must demonstrate that the charges are based on costs, including a
reasonable rate of profitability on the investments realized.
2-[...].
3-[...].
CHAIR OF THE COUNCIL OF MINISTERS
82
Article 76.
[...]
1-[...].
2-Compete à ARN make available to the public the description of the systems of
accounting for costs referred to in the previous number, presenting, in the
minimum, the main categories in which the costs are pooled and the
rules used for the respective imputation.
Article 77.
[...]
1-Compete à ARN impose access obligations and interconnect to any
company, regardless of whether or not they have significant market power,
on the following terms:
a) To companies that control access to end users, in the
measure of the necessary to ensure the connection of extreme-to-extreme,
including, when justified, the obligation to interconnect their
networks;
b) To companies that control access to end users, when
justified and to the extent necessary to ensure the
interoperability of their services;
c) From provision of access to IPA (interfaces of application programs) and
to GEP (electronic programme guides), under fair conditions,
reasonable and non-discriminatory, to the extent necessary for
guarantee the accessibility of end-users to the services of
television and digital radio programs specified in the terms of the
law by the competent authorities.
CHAIR OF THE COUNCIL OF MINISTERS
83
2-[ Revoked ].
3-The obligations imposed in accordance with paragraph 1 shall be objective,
transparent, proportional and non-discriminatory and be applied in
compliance with Articles 8, 57 and 57 .ºA.
Article 78.
[...]
1-All operators of conditional access services that,
regardless of the means of transmission, offer access to services
of TV and digital radio programs, and of which they depend on the
television and radio operators to target any group of potentials
spectators or listeners, must:
a) Offer to all television and radio operators, upon
fair, reasonable and non-discriminatory conditions compatible with
the EU competition law, technical services that
allow the services of television and radio programmes to
digital are received by the viewers or listeners
duly authorized by means of decoders managed by the
conditional access service operators, as well as respect
the Community law of competition;
b) [...].
2-Taking into account the provisions of the a) of the previous number, the conditions
of offer, including prices, disclosed by the distribution operators
must specify the supply or not of materials associated with access
probation.
3-[...].
CHAIR OF THE COUNCIL OF MINISTERS
84
4-For the purposes of the preceding paragraph, it is incumbent on ARN to publish in the respective
site in the Internet , the references of the applicable technical specifications.
Article 81.
[...]
1-[...].
2-[...]:
a) The accessibility of end-users to radio broadcasts and
television and the services specified in Article 43; and
b) [...].
3-[...].
4-[...].
Article 85.
Controls in the retail markets
1-[...]:
a) [...];
b) Consider that of the imposition of the obligations laid down in Articles 67.
a 76. it would not result in the achievement of the set regulation objectives
in Article 5.
2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
CHAIR OF THE COUNCIL OF MINISTERS
85
7-[ Revoked ].
Article 86.
[...]
1-The universal service consists of the minimum set of benefits defined in the
gift chapter, of specified quality, available for all
end users, regardless of their geographical location and a
affordable price.
2-[...].
3-[...].
Article 87.
[...]
[...]:
a) Link to a public communications network in a fixed place and the
provision of a telephone service accessible to the public through
of that connection;
b) [...];
c) [...].
Article 88.
Connection to the network and provision of telephone service in a fixed place
1-Universal service providers must satisfy all applications
reasonable to connect to a public communications network in a fixed place,
as well as providing an accessible telephone service to the public
through that link.
CHAIR OF THE COUNCIL OF MINISTERS
86
2-A connection to the public communications network referred to in the preceding paragraph shall
enable end-users to establish and receive communications
vocals, facsimile communications and data communications, with débitos
sufficient to viabilize functional access to the Internet , taking into account the
prevalent technologies used by the majority of subscribers and the
technological feasibility.
3-The telephone service to which you rent paragraph 1 shall allow subscribers to and
users carry out and receive national and international calls and
acedam, through the national number of relief defined in the National Plan
of Numeracy, to the various emergency systems.
4-Compete to the member of the Government responsible for the area of communications
approve, taking into account the specific circumstances of the national market,
after appearing from the NRA, the minimum debits required that access to the network
made available in the framework of the universal service must support to viabilize
the functional access to the Internet referred to in paragraph 2.
Article 90.
[...]
1-Compete à ARN define, after consultation pursuant to Rule 8, the
obligations of the universal service providers applicable in the offer of
public posts or other points of access to voice telephony services
accessible to the public, so as to ensure the satisfaction of the needs
reasonable of the populations, including end-users with disabilities.
2-[...].
3-Without prejudice to the provisions of the preceding paragraphs, the public posts
offered by universal service providers should allow:
CHAIR OF THE COUNCIL OF MINISTERS
87
a) The establishment of local and national telephone calls,
involving geographical and non-geographical numbers, in
compliance with the National Numeracy Plan, and calls
international telephone;
b) [ Previous point to )];
c) [ Previous point (b) ].
4-The pre-purchased telephone cards for access to telephone services
accessible to the public through posts explored by the providers of
universal service must comply with a single type, so as to viabilize the
its use in any public outpost made available in the framework of the
universal service.
5-[...].
Article 91.
[...]
1-[...].
2-Without prejudice to what is determined by ARN in the terms of the number
next, the provider of the universal service shall ensure the provision
free of charge from the following specific offers:
a) Microphone amplifier equipment, in such a way as to increase the
sound volume in the ausculator, for people with disabilities
hearing;
b) Light caller of calls, which consists of a device that
active a visual signal when the terminal equipment receives a
call;
CHAIR OF THE COUNCIL OF MINISTERS
88
c) Simple invoice in Braille ;
d) Line with fixed target, which allows for the automatic establishment of
calls to a certain target defined by the customer;
e) Possibility to make calls up to a pre-defined number of
free calls to the listings information service.
3-Compete à ARN, after the general procedure for consultation provided for in the article
8. assess the need for the provision of service providers
universal of specific offers 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 provisions of the preceding paragraph, the NRA shall not impose on the
universal service providers the provision of specific offers
for users with disabilities when, as a result of obligations
imposed on companies offering electronic communications services
accessible to the public, the objectives set out in paragraph 1 are achieved.
5-[ Previous Article No 4 ].
6-In the adoption of the measures provided for in the preceding paragraphs, the NRA shall
obey the provisions of Article 29.
Article 92.
[...]
1-[...].
2-[...].
3-[...].
CHAIR OF THE COUNCIL OF MINISTERS
89
4-A ARN may further specify the content, shape and mode as the
information to which the previous figures refer should be
made available, in order to ensure that consumers and others
end users have access to clear, complete information and
comparable.
5-[...].
6-[...].
Article 93.
[...]
1-Compete à ARN ensure that the affordability of prices is guaranteed
benefits of the universal service, taking into account in particular the prices
national in the consumer and national income.
2-A ARN shall follow the evolution of the prices charged by the various
benefits identified in Article 87, made available by the entities
designated for the provision of the universal service or by the generality of the
companies, when such a designation has not occurred.
3-For the purposes of the provisions of paragraph 1, the NRA shall evaluate and decide on the
means more appropriate to ensuring the affordability of prices, and may
determine:
a) The provision of options or tariff packages other than the
offered under normal commercial conditions, not least for
ensure that consumers with low incomes or
special social needs are not prevented from accessing a
electronic communication network in a fixed or use place
any of the services included in the universal service;
CHAIR OF THE COUNCIL OF MINISTERS
90
b) The imposition of maximum price limits and the application of tariffs
common, including the geographical leveling of prices, across the
territory;
c) Other similar schemes.
4-[ Previous Article No 3 ].
5-[ Previous Article No 4 ].
6-[ Previous Article No 5 ].
Article 94.
[...]
1-In order for subscribers to be able to check and control their charges of
use of the public communications network and telephone services
accessible to the public associated with it, providers of universal service
should make available the following minimum pool of resources and
mechanisms:
a) [...];
b) Selective and free bus of output calls of types or for
defined types of numbers and SMS or majorated fare MMS
or other services or value-added applications based on the
dispatch of messages, upon request of the subscriber, without prejudice to the
provisions of Article 45;
c) Pre-payment systems for access to the public communications network
and of the use of telephone services accessible to the public;
d) Scaled down payment of the link price to the communications network
public;
e) [...];
CHAIR OF THE COUNCIL OF MINISTERS
91
f) Tariff advice service that allows subscribers to obtain
information on possible lower alternative tariffs or more
advantageous;
g) Cost control of telephone services, including alerts
gratuitous to consumers who submit consumption patterns
abnormality, which reflect a significant increase in the values of
customary average consumption.
2-[...]:
a) Initial price of connection to the public communications network at a fixed location
and for the provision of the telephone service through that network, when
applicable;
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) [...].
3-Universal service providers may, at the request of the subscriber, offer
detailed invoicing with levels of discrimination higher than established
in the previous number, free of charge or upon a reasonable price, not
owing, in any case, to be included in the detail of the invoices to
information of the calls provided to the subscriber free of charge,
particularly the calls for assistance services.
CHAIR OF THE COUNCIL OF MINISTERS
92
4-For the purposes of the provisions of the b) of paragraph 1, it is incumbent on the NRA to define the
types of calls or communications likely to bus, ears the
universal service providers.
5-[...].
6-When universal service providers offer resources and services
additional in addition to those provided for in Article 87 or (a) of paragraph 3 of the
article 93, they shall establish terms and conditions in such a way that the
subscribers are not required to pay unnecessary resources or services
for the order service.
Article 96.
[...]
1-[...].
2-[...].
3-For the purposes of the provisions of the b) of the previous number, consider themselves
included in this category the end users or groups of users
endings that would not be served by a commercial operator who did not have the
obligation to provide the universal service.
4-[...].
5-[...].
Article 97.
[...]
1-[...]:
a) [...];
CHAIR OF THE COUNCIL OF MINISTERS
93
b) Breakdown of cost by the other companies offering, in the territory
national, public communications networks and communications services
electronic accessible to the public.
2-Where there is place for the application of the mechanism laid down in paragraph (b) of the number
previous, a compensation fund must be established, for which they contribute
companies that offer public communications networks or services from
electronic communications accessible to the public administered by ARN or by
another independent body designated by the Government, in this case under
supervision of ARN.
3-[...].
4-[...].
5-[...].
6-[...].
Article 99.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
6-A cedence of all or substantial part of the assets of the access network
on the part of the universal service providers is compulsorily
communicated to ARN, with a minimum advance of 90 days
regarding the target date for its realization.
CHAIR OF THE COUNCIL OF MINISTERS
94
7-With the notification provided for in the preceding paragraph, the service providers
universal must provide ARN with the identification of the beneficiary or
beneficiaries of ceding, the contractual terms and conditions to which the same
is subject, the indication of the way in which they propose to secure the
compliance with its universal service obligations, as well as any
additional information that is requested by ARN under the terms of the
article 108 for consideration of the reported transaction.
8-Compete à ARN assess the effects of cedence referred to in the figures
previous in providing access to the network and the services provided for in the
article 88, and may, where justified and without prejudice to the skills
of the Government, impose, amend or suppress obligations.
Article 101.
[...]
The companies that establish public communications networks for the
distribution of digital television services should ensure that these networks
have the capacity to distribute services of screen television programmes
wide, owing to the network operators who receive and redistribute these
services and programs maintain the same format.
Article 102.
[...]
1-[...]:
a) [...];
b) [...];
CHAIR OF THE COUNCIL OF MINISTERS
95
c) The providers of services and digital television equipment
shall cooperate in the provision of interoperable television services for
end users with disabilities.
2-[...].
3-[...].
Article 103.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-Compete à ARN to advertise on the respective site in the Internet the references of the
standards mentioned in paragraphs 2 and 4.
Article 104.
[...]
1-[...].
2-[...]:
a) [...];
b) [...];
CHAIR OF THE COUNCIL OF MINISTERS
96
c) "Protected service", any service of television programs, from
radio or the information society, provided that it is provided by
remuneration and on the basis of conditional access, or the supply
of conditional access to the said services deemed to be a
service in itself.
3-[...].
4-[...].
5-[...].
Article 105.
[...]
1-[...].
2-The amounts of the fees referred to in points a) a e) of the previous number are
fixed by porterie of the member of the Government responsible for the area of
communications, constituting revenue from ARN.
3-A use of frequencies, covered or not by a right of use,
is subject to the rates set out in the terms of the Decree-Law No. 151-A/2000,
changed by the Decrees-Law No 167/2006 of August 16, and 264/2009, of
September 28.
4-[...].
5-[...].
6-[...].
CHAIR OF THE COUNCIL OF MINISTERS
97
Article 108.
[...]
1-The entities that are subject to obligations under this Act,
must provide ARN with all information related to its
activity, including financial information and information on the
future developments of networks or services that may have
impact on the wholesale services they make available to competitors, to
that the NRA may exercise all the powers provided for in the Act.
2-In addition to the provisions of paragraph 1, the entities with market power
significant in the wholesale markets, they must still provide to ARN
information on the accounting data relating to the markets
retailers associated with these wholesale markets.
3-For the purposes of the previous figures, the entities must identify, from
substantiated form, the information they consider confidential and
must join, if warranted, a non-confidential copy of the
documents in which they contain such information.
4-[ Previous Article No 3 ].
5-[ Previous Article No 4 ].
6-When the NRA provides the European Commission, the ORECE or the ENISA, by
solicitation of these entities, information obtained in the terms of the numbers
previous, should inform this fact the companies involved and may
request those entities express and substantitably that the non
make it available to other regulatory authorities.
CHAIR OF THE COUNCIL OF MINISTERS
98
7-The information provided to the NRA under the terms of this article may be
reported to the ORECE and the regulatory authorities of other states-
members, following a reasoned request, when necessary
so that they can exercise their respective responsibilities under the
community law.
8-Without prejudice to the provisions of the final part of paragraph 6, it shall be ensured by the
European Commission, by the ORECE, by ENISA and the authorities
national regulatory requirements of the remaining Member States to confidentiality
of the information made available by the NRA when the latter identified it
as such in the terms of the applicable law.
Article 109.
[...]
1-[...]:
a) [...];
b) [...];
c) Verification case in case of the respect of the conditions established
in Articles 27, 32 and 37, either when a
complaint, either on its own initiative;
d) [...];
e) [...];
f) [...];
g) Safeguarding effective use and ensuring a management
efficient of the frequencies;
CHAIR OF THE COUNCIL OF MINISTERS
99
h) Assess future developments at the level of networks or services that may
have impact on the wholesale services made available to the
competitors;
i) Assess the safety and integrity of networks and services, in scope
of the security policies adopted.
2-The information referred to in points b) a i) from the previous number, cannot
be required in advance or as a condition of exercise of the activity.
Article 110.
[...]
1-Without prejudice to other applicable sanctionatory mechanisms, whenever the
ARN verify that a company does not respect one or more of the conditions
referred to in Articles 27, 28, 32 and 37, shall notify the company of such
fact and give you the possibility to speak out within a time limit not less than 10
days.
2-After proceeding to the hearing in the terms of the preceding paragraph, the ARN
may require the company to comply with the default immediately or in a
reasonable time, which the ARN fixes to the effect.
3-For the purposes of the provisions of the preceding paragraph, the NRA may:
a) Apply compulsory financial penalties in the terms provided for in the
present diploma;
b) Issue orders of cessation or postponement of the provision of services
or packages of services, the provision of which is likely to cause
significant damage to the competition, to invigorate while not
are fulfilled the obligations in respect of access, imposed on us
terms of Article 66.
CHAIR OF THE COUNCIL OF MINISTERS
100
4-The measures imposed and the respective statement of reasons are communicated by the
ARN to the company concerned, within two days of its approval.
5-In the event of a serious or repeated non-compliance with the conditions referred to in the
articles 27, 28, 32 and 37, when the measures imposed in the terms of the
n. ºs 3 and 4 have not led to the intended fulfillment, the NRA may
since soon determining the suspension of the business of the company or proceeding to
suspension, up to a maximum of two years, or for revocation, total or partial,
of the respective rights of use.
Article 111.
[...]
1-When there is evidence of any failure to comply with the conditions referred to
in Articles 27, 28, 32 and 37, which represent an immediate threat and
serious to public safety or public health, or to create serious problems
economic or operational to the other suppliers or users of
services or electronic communication networks or other users of the
radio spectrum or numbering resources, can ARN take
urgent interim measures to remedy the situation, before taking a
final decision, setting the term of its duration, which may not exceed three
months.
2-[...].
3-After the hearing provided for in the preceding paragraph, ARN can confirm the
provisional measures, the duration of which may be extended by another three months,
at most, in case the final decision is not taken.
4-[ Previous Article No 3 ].
CHAIR OF THE COUNCIL OF MINISTERS
101
Article 112.
[...]
It is incumbent upon the NRA to monitor compliance with the provisions of this Law and
respective regulations, through their supervisory agents or
mandators duly accredited by the board of directors, without
injury to the competences assigned to other entities, in particular to the
Food and Economic Security Authority (ASAE), to the Directorate General
of Customs (DGA), to the CNPD, to the Directorate General of Consumer (DGC) and
to the competent authorities on competition.
Article 113.
[...]
1-Without prejudice to other applicable sanctions, constitute counter-ordinances
light:
a) The failure to comply with the obligation to communicate the agreements, provided for
in Article 25 (1);
b) The failure to comply with mandatory standards and specifications, in
violation of Article 29 (1) and (5);
c) The leasing and transmission of rights of use without communication,
in violation, respectively, of the b) of paragraph 4 and of paragraph 8, both
from article 34º;
d) The violation of the obligation laid down in Article 39 (4);
e) The violation of the obligation set out in accordance with the terms of paragraphs 1, 2 and 4 of the
article 40;
f) The violation of the rights of the subscribers, provided for in Article 1 (1)
50.
CHAIR OF THE COUNCIL OF MINISTERS
102
g) The failure to comply with the obligation laid down in Article 53 (1);
h) The violation of the obligations laid down in Article 78 (2) and 3;
i) The failure to comply with the obligation laid down in Article 79 (1);
j) Failure to comply with the conditions laid down in paragraphs 1 and 2 of the article
80.
2-Without prejudice to other applicable sanctions, constitute counter-ordinances
graves:
a) The lack of cooperation with the NRA, in violation of Article 5 (5)
10.
b) The failure to meet the obligations set out in paragraphs 1, 2, 6 and 7 of the
article 21;
c) The violation of the terms of Article 23;
d) Failure to comply with the sharing determination referred to in paragraph 2,
as well as the disrespect of the conditions determined in the terms of the
n. paragraphs 3 and 4 of Article 25;
e) Failure to comply with the rules set out in the offer referred to in paragraph 4
from article 26º;
f) Failure to comply with the conditions set out in the terms of the points b) a f),
h) to q), s) and t) of paragraph 1 and paragraph 2 of Article 27;
g) The failure to comply with any of the specific obligations laid down in the
article 28;
h) Failure to comply with any of the conditions set out in the terms
of Article 37 (1) and (2), except for the constant of point (f)
of paragraph 1 of the same article;
CHAIR OF THE COUNCIL OF MINISTERS
103
i) The transmission of rights of use of numbers, in violation of the
terms and conditions defined by the NRA, in the terms provided for in the
article 38;
j) The violation of the rights of users, end-users and the
subscribers, in default of Article 39 (1 a) (3);
l) The failure to comply with the obligation laid down in Article 39 (5);
m) The failure to comply with the requirements and requirements determined by the NRA
under Article 39 (6);
n) Failure to comply with the obligations set out in paragraphs 1 a to 3 of the article
44.
o) The violation of the right of the end-users, provided for in paragraph 2 of the
article 44-The;
p) The failure to comply with the bus obligation, in violation of the n.
1, 3, 4, 6 and 7 of Article 45;
q) The refusal to hire, in violation of Article 46 (5);
r) The failure to comply with the information obligation provided for in paragraphs 1 a to 3
of Article 47;
s) The impediment of the use of information, in violation of paragraph 4.
of Article 47;
t) The violation of the reporting obligations provided for in the
n. paragraphs 1 a to 3 of Article 47;
u) Failure to comply with the obligations set out in paragraphs 1 a to 4, 6, 8 and 9 of the
article 48;
v) The violation of the obligations and requirements set out in paragraphs 1 and 2 of the
article 48-The;
CHAIR OF THE COUNCIL OF MINISTERS
104
x) The violation of the rights of the end-users, provided for in paragraph 2 of the
article 50;
z) The suspension or extinction of the service, in violation of Article 52;
aa) The violation of the right of subscribers to the portability provided for in paragraph 1
of Article 54, the failure to meet the obligations set out in paragraphs 2, 3
and 4 of Article 54 and of the obligations set out in the terms of paragraphs 5
and 7 of Article 54;
bb) Failure to comply with the measures referred to in Article 54 (2)-
C;
cc) The failure to comply with the additional requirements referred to in the article
54.-D;
dd) The failure to fulfil the obligations determined under the subparagraph b)
of Article 54-And;
ee) The opposition or the creation of obstacles to the audit provided for in paragraph 1 of the
article 76;
ff) The violation of the obligations set out in Article 76 (1) and 2 of Article 76.
gg) Failure to comply with the obligations set out in paragraphs 1 a to 4 of the article
92.
hh) The opposition or the creation of obstacles to the audit provided for in paragraph 6 of the
article 92;
ii) Failure to comply with the obligations set out in paragraphs 1 and 6 of the article
94.
jj) The violation of the obligations laid down in Article 103 (1 a) (4);
ll) The practice of activities provided for in point (d) of paragraph 1 of the article
104. ;
CHAIR OF THE COUNCIL OF MINISTERS
105
mm) The violation of the provisions of paragraphs 1 a to 3 and 5 of Article 108.
3-Without prejudice to other applicable sanctions, constitute counter-ordinances
very serious:
a) The failure to comply with the decision of the NRA taken in the process of
resolution of disputes, in violation of Article 10 (1) and paragraph 2 of the
article 12;
b) The failure to comply with the obligation laid down in Article 26 (1);
c) The default of reasoned decision-making pursuant to the
n Article 26 (3);
d) The non-compliance with the obligation to make provision of the planned offer
in Article 26 (4), in accordance with the conditions of access and
use defined by ARN;
e) Failure to comply with the conditions set out in the terms of points (a) and g)
of paragraph 1 and paragraph 2 of Article 27;
f) The use of frequencies without obtaining the respective right of
use, when required, or in disconformity with their
terms, in violation of Article 30 (1).
g) Failure to comply with any of the conditions set out in the terms
of paragraphs 1 and 2 of Article 32, with the exception of the constant of the ( f) from the
n. 1 of the same article;
h) The transmission of usage rights of frequencies without
communication, in violation of the point a) of Article 34 (4), well
how the transmission of these rights in violation of paragraph 6 and rules
fixed under the paragraph 7 of the same article;
CHAIR OF THE COUNCIL OF MINISTERS
106
i) Failure to comply with any of the conditions or measures imposed on the
article 35 of Article 35 (2);
j) The use of numbers without obtaining the respective right of
use or in discompliance with its terms, in violation
of Article 36 (1);
l) Failure to comply with the obligations set out in paragraphs 1 and 3 of the article
41.
m) Failure to comply with the measures provided for in Article 42 (1) and (3).
n) The failure to comply with the transport obligation provided for in paragraph 1 and in the
terms of Article 43 (3);
o) Failure to comply with the conditions laid down in paragraphs 3 and 4 of the article
46.
p) The refusal to hire, in violation of Article 46 (6);
q) Failing to comply with the determinations of the NRA under the terms of paragraph 10 of the
article 48;
r) Failure to comply with the obligations set out in paragraphs 1 and 2 of the article
49.
s) The violation of the obligation laid down in Article 50 (4);
t) The infringement of the right of users referred to in paragraph 1 and to
breach of the obligation provided for in Article 51 (2), 3 and 5 of the Article 51;
u) Failure to comply with the obligations laid down in Article 54;
v) The failure to comply with the obligation laid down in Article 54-B;
a) Failure to comply with the technical implementation measures to which the
n. 1 of Article 54-C;
CHAIR OF THE COUNCIL OF MINISTERS
107
z) Failure to comply with the obligations set out in paragraphs 1, 2 and 4 of the article
54.-F;
aa) The opposition or the creation of obstacles to the audit provided for in paragraph 3 of the
article 54-F;
bb) Failure to comply with the binding instructions provided for in paragraph 1 of the
article 54-G;
cc) Failure to comply with the obligations under the terms set out in paragraph 3 of the
article 63;
dd) Failure to comply with the obligations set out in paragraphs 1 and 2 of the article
64.
ee) The breach of the confidentiality obligations provided for in paragraphs 1 and
2 of Article 65;
ff) Failure to comply with any of the obligations imposed in the terms
of paragraphs 1, 3 and 4 of Article 66;
gg) Failure to comply with the conditions imposed under paragraph 1 of the
article 73;
hh) The violation of the obligations imposed pursuant to Article 4 (4)
76.-B;
ii) The violation of the obligations imposed pursuant to Article 1 (1)
77.
jj) The violation of the obligation laid down in Article 78 (1);
ll) The default of obligations imposed under the terms of paragraphs 1, 3 and
5 of Article 85;
mm) The opposition or the creation of obstacles to the audit provided for in paragraph 6 of the
article 85;
CHAIR OF THE COUNCIL OF MINISTERS
108
nn) The violation of the obligations laid down in Article 88 (1 a) (3);
oo) The violation of the obligations and conditions laid down in paragraphs 1 a to 3 and in the
terms of Article 89 (5);
pp) The failure to meet the obligations set out in accordance with paragraphs 1, 3 and
4 of Article 90;
qq) The default of obligations imposed under the terms of paragraphs 1, 2, 3
and 5 of Article 91;
rr) The failure to meet performance targets set in the terms
of Article 92 (5);
ss) The failure to comply with the determinations issued pursuant to paragraphs 3 and
5 and the obligations imposed under Article 93 (4) of the Article;
tt) The failure to comply with the obligation to contribute in violation of paragraph 2
of Article 97;
uu) Failure to comply with the obligations set out in paragraphs 6, 7 and 8 of the article
99.
vv) The violation of the obligations laid down in Article 101;
xx) Failure to comply with the obligations set out in paragraphs 1 a to 3 of the article
102.
zz) The practice of the activities provided for in points b) and c) of the Article 1 (1)
104.
aaa) The disrespect for decisions that enact interim measures, in the
terms of paragraph 1 and 3 of Article 111;
bbb) The failure to comply with legitimate orders or warrants of the ARN
regularly communicated to their recipients.
CHAIR OF THE COUNCIL OF MINISTERS
109
4-Constituts serious counterordinations, within the scope of Regulation (EC)
n 717/2007, of the European Parliament and of the Council, of June 27 of
2007, concerning the itinerancy in the public mobile communication networks of the
Community, as amended by the Regulation (EC)
n 544/2009, of the European Parliament and of the Council, of June 18 of
2009:
a) The violation of the obligations under Article 4, of paragraphs 1 a to 6 of the
article 4-B, of Article 6 and Article 6 of that Regulation;
b) The violation of the obligation to inform it provided for in Article 7 (4) of the
said Regulation.
5-Constitutions very serious counterordinations under the Regulation
referred to in the previous number:
a) The violation of the obligations under Article 3 (1) and (2) of the
Article 4 and Article 4-C of the said Regulation;
b) The violation of determinations issued by the NRA in the use of the powers
conferred by Article 7 (5) and (6) of the said Regulation.
6-Light counterordinations are punishable by the following fines:
a) If practiced by natural person, from € 100 a to € 2500;
b) If practiced by microenterprise, from € 200 a to € 5000;
c) If practiced by small business, from € 500 a to € 10000;
d) If practiced by average company, from € 1000 a to € 20000;
e) If practiced by large company, from € 2000 a to € 100000.
7-The serious counterordinations are punishable by the following fines:
a) If practiced by natural person, from € 250 a to € 7500;
CHAIR OF THE COUNCIL OF MINISTERS
110
b) If practiced by microenterprise, from € 1000 a to € 10000;
c) If practiced by small business, from € 2000 a to € 25000;
d) If practiced by average company, from € 4000 a to € 50000;
e) If practiced by large company, from € 10000 a to € 1000000.
8-Very serious counterordinations are punishable by the following fines:
a) If practiced by natural person, from € 750 a to € 20000;
b) If practiced by microenterprise, from € 2000 a to € 50000;
c) If practiced by small business, from € 6000 a to € 150000;
d) If practiced by average company, from € 10000 a to € 450000;
e) If practiced by large company, from € 20000 a to € 5000000.
9-Whenever the counterordinance results from the omission of compliance with
a legal duty or an order emanating from the NRA, the application of the
sanctions or their compliance do not waive the offender of the
performance of duty or order, if this is still possible.
10-In the cases referred to in the preceding paragraph, the offender may be subject to the
ARN at the injunction of fulfilling the duty or the order in question, whose
non-compliance within the prescribed period may determine the application of a
compulsory pecuniary penalty, pursuant to Article 116.
11-In the counter-ordinances provided for in this Law, they are punishable to attempt and
the negligence.
CHAIR OF THE COUNCIL OF MINISTERS
111
Article 114.
[...]
1-In addition to the fines set out in the previous article, they may still be applied,
where the seriousness of the offence and the fault of the agent justifies them, the
following ancillary sanctions:
a) Loss in favour of the State of objects, equipment and devices
illicit, in the counter-ordinances provided for in points ll) and jj ) of paragraph 2 and
in the paragraph zz) of paragraph 3 of the preceding Article;
b) Interdiction of the exercise of the respective activity to the maximum extent of
Two years, in the counter-ordinations provided for in paragraph 2 (f) and in the
points (a ), e), f), h), (j), m), n) and bb) of paragraph 3 of the preceding Article;
c) Deprivation of the right to participate in contests or arrepings
promoted within the framework of this diploma to the maximum of two
years, in the counter-ordinances provided for in points (f), (h), (m) and (n) of the n.
3 of the previous article.
2-When it is declared the loss of objects, equipment or devices
illicit in favour of the State, under the terms of paragraph a) of the previous number, the
their respective owner or holder is obliged to proceed to their delivery
in ARN, within 30 working days of notification of the decision that the
determine.
Article 115.
[...]
1-A the application of admotors and the fines and ancillary penalties provided for in
present law, as well as the archiving of counterordinance processes
are from the competence of the board of directors of ARN.
CHAIR OF THE COUNCIL OF MINISTERS
112
2-[...].
3-[...].
4-[...].
5-[ Revoked ].
6-Except for the provisions of the preceding paragraphs the default of the
conditions laid down in Article 46 (3) and (4), by the end of the CNPD to
introduction and instruction of the counterordinance process as well as the
application of the respective fines, the amount of which reverts in 40% to this
entity.
Article 116.
[...]
1-Without prejudice to other applicable penalties, in the event of default of
decisions of the NRA to impose administrative or ordinance sanctions, in the
exercise of the powers that lawfully assist you, the adoption of
behaviours or measures determined to the companies that offer
electronic communication networks and services, can this, when such if
justifies, impose a compulsory financial penalty, particularly on
cases referred to in points a) and g) of paragraph 1, in the paragraphs d), e), gg) and jj) of paragraph 2,
in the points a), (b), (c), (d), (h), (l), (n), (n), (q), (b), bb), cc), (ii), (ii), (ii), (j), (ii), (ii), (ii), (ii),
qq), ss), tt), aaa) and bbb ) of paragraph 3, in para. b) of paragraph 4 and (4) b) of paragraph 5,
all from Article 113.
2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
CHAIR OF THE COUNCIL OF MINISTERS
113
Article 120.
[...]
1-[...]:
a) [...];
b) Consultation procedures in progress pursuant to Articles 8, 57.
and 57.-A, as well as the results of the completed processes, save
confidential information;
c) Rights, conditions, procedures, fees and decisions regarding the
general authorisations and the rights of use and installation of
resources;
d) [...];
e) [...];
f) [...];
g) [...];
h) [...];
i) [...],
j) Existing arbitration and mediation mechanisms pursuant to paragraph 1
of Article 48.-B.
2-[...].
3-[...].
4-[...]:
a) [...];
b) [...];
CHAIR OF THE COUNCIL OF MINISTERS
114
c) Identification of the companies designated as service providers
universal, as well as the obligations imposed on the said companies;
d) [ Previous paragraph (c) ].
Article 121.
Reassessment of use rights of frequencies
1-The holders of rights to use frequencies assigned before 25 of
May 2011 and which remain valid until May 25, 2016, may
until this same date to submit to the ARN a request for re-evaluation of the
Restrictions of technological neutrality and services to their rights,
frameworks in the restrictions set out in Article 16 (2 a) (5).
2-A ARN, in the analysis of applications for re-evaluation of restrictions on the rights of
use that is presented to it under the preceding paragraph, shall
adopt the appropriate measures to promote the loyalty of the competition.
3-A ARN shall notify the holder of the right of use of the result of its
re-evaluation, giving you the possibility of, within a time limit of not less than 10 days,
whether to pronounce or withdraw the application.
4-If the holder of the right of use withdraws the application, the right of use
it remains unchanged until the date of its expiry or until May 25 of
2016, whichever occurs earlier.
5-After May 25, 2016, the NRA shall adopt the necessary measures to
guarantee the applicability of Article 16-A to all general authorisations,
rights to use frequencies and spectrum allocations used for
electronic communications services, existing on May 25, 2011.
6-[ Revoked ].
CHAIR OF THE COUNCIL OF MINISTERS
115
Article 122.
Maintenance of rights and obligations
1-Companies retain the rights to use the numbering resources and
frequencies assigned prior to the publication of this Law until the expiry of the
deadline set in the respective assignment title, when such a time limit exists.
2-Maintain all the obligations assumed by the companies still apply
licensed in contests held prior to the publication of this Law, by the
that remain in force in the relevant part the respective instruments of
contest.
3-Without prejudice to the provisions of Article 43, they shall not be retained
legislative or administrative measures that will oblique operators, the
grant access or interconnection, to offer different conditions to
different companies by equivalent services and or impose obligations
that are not related to the access and interlocking services
indeed provided, in this case without prejudice to the conditions laid down in the
articles 27, 32 and 37.
Article 123.
[...]
1-The obligations set out in Article 43 are the subject of review until May 25
of 2012, upon specification, on the part of the Regulatory Entity for the
Social Communication, the services of television and radio programmes which
they must be the subject of transport obligation by the companies they offer
electronic communications networks and services.
2-A The adaptation of the hiring prevention mechanisms is subject to the
procedure laid down in Article 46 (2).
CHAIR OF THE COUNCIL OF MINISTERS
116
3-[...].
Article 124.
[...]
1-It is applicable to the dealership of the public telecommunications service the
constant regime of this Law.
2-Keep in place all the obligations set out in the bases of the concession
of the public telecommunications service approved by the Decree-Law
no 31/2003 of February 17, save when the application of this Law
result in a more demanding regime for the dealership, in which case it will be
this one invigorates.
3-[ Revoked ].
Article 125.
[...]
1-Compete à ARN publish the regulations necessary for the implementation of the
this law, in particular those involving the subjects referred to in paragraph 1
of Article 21, paragraph 2 (2), in Article 32 (2), paragraph 2 of the
article 37, in Article 40 (2), in Article 51 (3), paragraph 7 of the article
54, in Article 92 (2) and (4) and in Article 108 (5), without prejudice to the
statutory competence of the NRA to issue regulations where such if
show indispensable to the exercise of your assignments.
2-[...].
Article 126.
[...]
1-The time count set out in this Law shall apply to the rules
constants of Article 72 of the Code of Administrative Procedure.
CHAIR OF THE COUNCIL OF MINISTERS
117
2-The deadlines set out in Articles 57 and 57-A count of the
rules established by the European Commission in the recommendations or
guidelines approved under the procedure laid down in the Directive
n. 2002 /21/CE, of the European Parliament and of the Council of March 7,
amended by Directive No 2009 /140/CE, of the European Parliament and of the
Council, of November 25.
Article 127.
[...]
1-[...].
2-[ Revoked ].
3-A dealership of the public telecommunications service is excluded from the
scope of the letter e) of Article 7 (1) of the Decree-Law
n ° 555/99 of December 16, as amended by the Decree-
Law No. 26/2010 of March 30.
4-[...]. "
Article 3.
Addition to Law No. 5/2004 of February 10
They are deferred to Law No. 5/2004 of February 10, as amended by Decree-Law No. 176/2007,
of May 8, by Law No. 35/2008 of July 28, by the Decree-Law No. 123/2009, of 21
of May, by the Decree-Law No. 258/2009 of September 25, and by Law No. 46/2011, 24
of June, the articles 2.-A, 16.-A, 25.-A, 47.-A, 48.-A, 48.-A, 54.
54.-B, 54.-C, 54.-D, 54.--E, 54.-F, 54.-G, 57.-A, 59.-A, 76.-A and 76.
following wording:
CHAIR OF THE COUNCIL OF MINISTERS
118
" Article 2.
Safety and emergency
1-Compete to the State to ensure, in the terms of the law, appropriate coordination
of electronic communication networks and services in situations of
emergency, crisis or war.
2-Incumbent on ARN:
a) Exercising the skills that will be able to be committed as to the
Critical European infrastructures in the framework of communications
electronic, particularly in the terms of the legal framework of
transposition of the Council Directive No 2008 /114/CE of 8 of
December 2008, concerning the identification and designation of the infra-
critical European structures and the assessment of the need to improve
your protection;
b) Exercising the skills that will be able to be committed as to the
national critical infrastructure within the framework of communications
electronic, either with respect to the companies offering networks and
electronic communications services either to owners or
holders of the said infra-structuring;
c) Analyze and characterize, relying on the collaboration of the companies that
offer electronic communications networks and services and the
services and competent bodies of direct administration and
indirect State and Autonomous Regions, and to propose, when
suitable:
CHAIR OF THE COUNCIL OF MINISTERS
119
i) The necessary measures for the safeguard of reservation of
capacity, on the part of companies offering networks and
electronic communications services, for communications of
emergency of public interest;
ii) The necessary measures in the matter of congestion of
networks in emergency situations, including the procedures
to be complied with by the companies offering networks and services of
electronic communications.
d) To develop, in the terms of law and in articulation with the rest
competent entities, the planning, installation and operationalisation
of the information security incident response system, in the
scope of electronic communications;
e) Identify and characterize, in the terms of the law and in articulation with
competent entities, the electronic communications resources
with usefulness for civil protection.
Article 16-The
Technological and service neutrality in the management of spectrum
1-Compete à ARN, within the framework of its spectrum management skills and
without prejudice to the restrictions set out in this Article, guarantee the
following principles:
a) Technological neutrality, in the terms of which all types of
technology used for electronic communications services
can be used in the declared frequency bands available
for electronic communications services and as such advertised
in the QNAF;
CHAIR OF THE COUNCIL OF MINISTERS
120
b) Neutrality of services, in the terms of which in the tracks of
declared frequencies available for the communications services
electronic and as such advertised in the QNAF, can be provided
all types of electronic communications services.
2-A ARN may establish proportional, non-discriminatory and proportionate restrictions
justified as to the technology used for communications services
electronic, where this is necessary for:
a) Prevent harmful interference;
b) To protect the population from exposure to electromagnetic fields;
c) Ensure the technical quality of the service;
d) Ensure the maximization of the sharing of the frequencies;
e) Safeguarding the efficient use of the spectrum;
f) Ensuring the fulfillment of a specific objective of general interest
defined in the terms of the law.
3-A ARN may establish proportional and non-discriminatory restrictions
as to the types of electronic communications services to be offered,
in particular, with a view to, where necessary, compliance with
requirements provided for in the Regulations of Union Radiocommunication
International Telecommunications (ITU).
4-Within the framework of the restrictions on neutrality of services, the NRA may adopt
measures that impose:
CHAIR OF THE COUNCIL OF MINISTERS
121
a) That an electronic communications service be offered in a
specific frequency range, available for services of
electronic communications, as long as justified with the need
to ensure compliance with a specific purpose of interest
general defined in the terms of paragraph 5;
b) The offer of a particular electronic communications service
in a specific frequency range with the exclusion of any other
service, as long as justified with the need to protect services
of the safety of human life or, exceptionally, to satisfy
other objectives of general interest provided for in the law.
5-Considerate specific objectives of general interest, for the purposes of the
point ( f) of paragraph 2 and of paragraph a) of paragraph 4, namely, the safety of life
human, the promotion of social, regional or territorial cohesion, prevention
of inefficient uses of the frequencies, as well as the promotion of the
cultural and linguistic diversity and the pluralism of the media,
in particular through the provision of programme services
televisions or radio.
6-The restrictions set out in paragraphs 2 a to 4 shall be advertised in the framework of
QNAF, owing to ARN to periodically reassess the need for its
maintenance.
Article 21-The
Registration of companies
1-Compete à ARN keep a record of the companies that offer networks and
electronic communications services, of which it is to appear,
notably, its complete identification, address and activities
developed.
CHAIR OF THE COUNCIL OF MINISTERS
122
2-A The enrolment of the companies in the register is cancelled by the NRA whenever:
a) Companies communicate the cessation of their business, on the terms
of paragraph 7 of the preceding Article;
b) If you check the impossibility of notification of companies by deadline
greater than 90 days, without prejudice to the settlement and immediate collection of the
fees that are due and the application of the sanctions to which there is
place.
Article 25-The
Installation of infrastructure apt to the accommodation of communications networks
electronic
They are subject to the scheme for the construction of infrastructure apt to the accommodation
of electronic communication networks and the construction of infrastructure of
telecommunications in loadings, urbanisations, sets of buildings and
buildings, approved by the Decree-Law No. 123/2009 of May 21, amended
by Decree-Law No. 258/2009 of September 25:
a) The coordination of works aimed at the construction or extension of
infrastructure apt to the housing of communications networks
electronic;
b) The sharing of telecommunication infrastructure in buildings,
urbanizations or sets of buildings;
c) The provision of information on infrastructure apt to the
accommodation of electronic communication networks, as well as the
elaboration of the cadasters of the said infrastructures, including the
Centralized Information System (SIC).
CHAIR OF THE COUNCIL OF MINISTERS
123
Article 44-The
Harmonised figures for social value services
1-Compete à ARN ensure that the numeration range "116" of the PNN is
reserved for the provision of harmonized social value services, nos
Terms of Decision No 2007 /116/CE of the European Commission of 15 of
February 2007, specifically a line of communication of cases of
missing children accessible through the number "116000".
2-Compete to ARN to determine measures that ensure that users
endings with disabilities, including nationals of other Member States
when they find themselves on national territory, they can access the maximum to the
services provided through the numbering ranges "116" in a way
equivalent to the remaining end users, basing, for the purpose, in the
standards and specifications applicable in accordance with the provisions of Article 29.
3-Constituting right of end users, including the citizens of others
Member States when they find themselves on national territory, obtain
appropriate information about the existence and use of the services
provided by the numbering range "116".
Article 47-The
Obligation to provide information to subscribers
1-Without prejudice to the information published pursuant to Art. 47, the ARN
may determine to companies that offer public communications networks
or electronic communications services accessible to the public the provision
of information to subscribers about:
a) The prices applicable to communications addressed to certain
numbers or services subject to special tariff conditions;
CHAIR OF THE COUNCIL OF MINISTERS
124
b) Any change in access to emergency services or the
provision of information on the location of the person who
carry out the call;
c) Any change of the conditions restricting access or the
use of services and applications;
d) Possible procedures instituted by the company to measure and
conditioning traffic so as to prevent the capacity being depleted
in a network segment or prevent the contracted capacity from being
outdated, indicating the repercussions of this measure on the quality of the
service offered;
e) The right of inclusion, or not, of your personal data in lists;
f) Characteristics of products and services intended for subscribers
holders of disability, where applicable.
2-Compete à ARN set the form and periodicity of the communication to the subscriber
of the information referred to in the preceding paragraph, and may determine, in the
case of the information provided for in ( a) , which relatively to certain
categories of services, the communication of prices is ensured
immediately before the call was made.
3-The companies referred to in paragraph 1 are obliged to provide subscribers,
upon request by the competent public authorities, without any
charges and when appropriate, information of public interest, using
means that they usually use in their regular communication with those
subscribers.
CHAIR 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
cover, inter alia, information on the legal consequences that
may arise from the use of electronic communication services for the
practice and unlawful acts, dissemination of harmful content, including violation
of copyrights and related rights as well as information on the
means of protection against risks for personal safety, for the
privacy and for the personal data in the use of the services of
electronic communications.
5-The information referred to in paragraphs 3 and 4 shall be the sole responsibility of the
public authority that requests its disclosure and is circumscribed to the
space defined by the companies obliged to their publicitation, not
to prevent or prevent the clear perception of the information regarding the
conditions of offer of electronic communications services.
Article 48-The
Complaints from end-users
1-Electronic communications companies must implement
procedures appropriate to the speedy and harmonized treatment of
complaints to them from the end users.
2-A ARN may define requirements to be observed in the procedures referred to in the
previous number.
3-A ARN may order the investigation of complaints or complaints that
take knowledge in the exercise of their duties, and in cases where
is in question the non-compliance with provisions whose observance kayba
supervise, may order the adoption of corrective measures.
CHAIR OF THE COUNCIL OF MINISTERS
126
4-A ARN publishes a report on its website at the Internet with information about
the complaints and too much requests made by the end users
regarding the services offered by the communications companies
electronic, covering all manner of complaints, regardless
of the mode and form of presentation.
5-The report to which you rent the preceding paragraph shall contain, among others
elements, information on the volume of claims and solicitations
received by ARN, identify the providers and the services concerned and,
within each service, the subjects that are the subject of complaint.
6-The report referred to in the preceding paragraph shall be published, at a minimum,
with an annual periodicity.
Article 48-B
Extrajudicial resolution of conflicts
1-Without prejudice to the appeal to the courts and to the entities responsible for
advocacy and promotion of consumer rights, end-users
can submit the conflicts arising with the communications companies
electronic to the mechanisms of extrajudicial settlement of conflicts
legally constituted.
2-Compete to ARN foster the development of simple mechanisms,
transparent, economical in the function of the various types of users
endings and non-discriminating for the speedy, equitable and impartial resolution
of conflicts, particularly those related to contractual conditions or
implementation of contracts that entitify the provision of networks or services of
electronic communications between electronic communications companies
and the end users.
CHAIR OF THE COUNCIL OF MINISTERS
127
3-For the purposes of the provisions of the preceding paragraph, the NRA may establish
cooperation agreements or participate in the constitution of entities that
have the object of ensuring the said mechanisms.
Article 54-The
Obligations of companies in respect of security and integrity
1-Companies that offer public communications networks or services from
electronic communications accessible to the public should adopt the measures
techniques and organizational appropriate to the prevention, management and reduction of the
risks to the safety of networks and services, particularly targeting to prevent
or minimise the impact of the safety incidents on the interconnected networks,
at the national and international level, and in users.
2-Companies that offer public communications networks are obliged to
adopt the appropriate measures to ensure the integrity of the respective
networks, ensuring the continuity of the provision of the services that if
support in the said networks.
3-The measures provided for in paragraph 1 shall be appropriate to the existing risks
taking into account the state of the technique.
Article 54-B
Obligations of notification
The companies that offer public communications networks or services from
electronic communications accessible to the public are required to notify the
ARN of security breaches or loss of integrity with impact
significant in the operation of networks and services.
CHAIR OF THE COUNCIL OF MINISTERS
128
Article 54-C
Measures for implementation
1-For the purposes of Article 54-A, the NRA may approve and impose on
companies that offer public communications networks or services from
public electronic communications accessible to the public technical measures of
execution.
2-For the purposes of the provisions of Article 54-B, it is incumbent upon the NRA to approve the
measures that define the circumstances, format and procedures
applicable to the reporting requirements for safety violations or
loss of integrity of the networks.
3-The implementation measures provided for in the preceding paragraphs shall be
complying with the decisions of the European Commission adopted under the
procedure laid down in Article 13 of the Directive No 2002 /21/CE, of the
European Parliament and of the Council of March 7, 2002, as amended by the
Directive No. 2009 /140/CE, of the European Parliament and of the Council, of 25
of November 2009, and, in their absence, should be based on the standards
existing European and international on the subject.
4-A The adoption of the implementing measures referred to in paragraphs 1 and 2 is subject to the
general procedure for consultation provided for in Article 8.
Article 54-D
Additional requirements
In addition to the technical implementation measures provided for in the previous article, the
ARN, for the purposes of the provisions of Article 54, may fix to companies that
offer public communications networks or communications services
electronic accessible to the public, more demanding additional requirements,
notably, determining the following:
CHAIR OF THE COUNCIL OF MINISTERS
129
a) The indication of a permanent point of contact, for the purposes of the
provisions of this Chapter;
b) The elaboration of an updated plan that will behold all the
technical and organizational measures adopted;
c) The realization of evaluation exercises and improvement of measures
techniques and organizational adopted, as well as participation in
joint exercises;
d) The drafting and submission to the annual report ARN in terms of
fix, including, in particular the experience collected with
security incidents.
Article 54-And
Information obligations of the NRA
It is incumbent on ARN:
a) Informing the competent regulatory authorities of the rest
Member States and the European Agency for the Safety of Networks and
of Information (ENISA), whenever it understands that the dimension or
severity of security breaches or integrity losses
communicated in accordance with Article 54-B justifies it;
b) Informing the public by the most appropriate means of violations of
safety or loss of integrity or determine to companies
that offer public communications networks or services from
electronic communications accessible to the public who do so, when
such is considered by the NRA as a public interest.
CHAIR OF THE COUNCIL OF MINISTERS
130
c) To present, annually, to the European Commission and ENISA a
summarized report on the communications of security breaches
or of loss of integrity, carried out pursuant to Art. 54-B,
as well as of the measures taken.
Article 54-F
Audits and provision of information
1-Compete à ARN determine to companies that offer networks of
public communications or accessible electronic communications services
to the public the realization, through independent auditorous entities and the
expensing your, from auditing to the security of your networks and services, as well as
the submission to the report ARN with the results of the same.
2-For the purposes of the provisions of the preceding paragraph:
a) It is incumbent on ARN to establish the requirements to which they must obey the
audits provided for in the preceding paragraph, inter alia, as to the
its scope, periodicity, procedures and standards of reference,
as well as the requirements for the auditorous entities;
b) The companies that offer public communications networks or
electronic communications services accessible to the public should:
i) Submit beforehand to the ARN the approval of the auditoried entity;
ii) Send to ARN, within a reasonable time, the correction plan of the non
constant conformations of the audit report.
3-Can you still ARN, or another independent entity by you designated,
carry out safety audit of networks and services, particularly in
case of breach of security or loss of integrity.
CHAIR OF THE COUNCIL OF MINISTERS
131
4-In view of assessing the safety or integrity of networks and services,
compete with ARN, pursuant to Articles 108 and 109, require companies to
referred to in paragraph 1 a provision of all necessary information, including
documentation regarding security policies.
Article 54-G
Binding instructions and research
1-For the purposes of the provisions of Articles 54-to and 54-B and in the context of
technical implementation measures and the additional requirements adopted, the
ARN may issue binding instructions to companies that offer networks
of public communications or electronic communications services
accessible to the public, including the setting of deadlines for implementation.
2-Compete à ARN investigate cases of non-compliance with the provisions and
obligations set out in this chapter and its effects on the
security and integrity of the networks.
Article 57-The
Procedure for consistent application of regulatory obligations
1-Where the draft measure subject to the specific procedure of
consultation vise to impose, maintain, change or suppress obligations to companies with
or without significant market power provided for in Article 56º (d) and
to ARN be notified in a reasoned opinion by the European Commission, in the
period of one month provided for in paragraph 2 of the preceding Article, of which the latter considers
that the project would create an obstacle to the single market or that it has serious
doubts as to its compatibility with Community law, the NRA
should delay the approval of the draft decision for a period of three months to
count of the notification of the European Commission.
CHAIR OF THE COUNCIL OF MINISTERS
132
2-During the period referred to in the preceding paragraph the European Commission, the
ORECE and ARN cooperate closely with the aim of identifying the
more appropriate and effective measure in the light of the regulation objectives
set out in Article 5, taking into account, simultaneously, the points of
view of the market players, who spoke in the framework of the
their respective general consultation procedure, and the need to guarantee the
development of a coherent regulatory practice.
3-When, within six weeks of the beginning of the period of three
months referred to in paragraph 1, the ORECE shall issue and publicize an opinion on the
notification of the European Commission, indicating that it shares its doubts
on the draft decision of the NRA and that this should be changed or
withdrawn, submitting specific proposals for amendment, the NRA must
cooperate closely with the ORECE, with a view to identifying the measure
more appropriate and effective, and may, before the end of the same period of three
months, take one of the following decisions:
a) Amend or withdraw the draft decision, taking into account the notification
of the European Commission provided for in paragraph 1, as well as the opinion and
cooperation of the ORECE;
b) Keep the draft decision.
CHAIR OF THE COUNCIL OF MINISTERS
133
4-When the ORECE does not share the doubts of the European Commission, not
issue opinion or ARN change or maintain the draft decision, all
under the terms of the preceding paragraph, and the European Commission, within a time of a
month after the end of the three-month period referred to in paragraph 1, issue a
recommendation to the NRA in the sense of amending or withdrawing the draft decision,
including specific proposals, or decide to withdraw their reservations, the NRA
shall, within one month of the adoption of the said recommendation
or decision, communicate to the European Commission and the ORECE the decision
definitive approved, accompanied by a reasoned justification
when it has not hosted the recommendation of the European Commission.
5-The one-month deadline provided in the second part of the preceding paragraph may be
extended in cases where the NRA, in advance of the approval of its
definitive decision, submits the draft decision amended to the procedure
general consultation provided for in Article 8.
6-A ARN may withdraw the draft measure at any stage of the
procedure.
Article 59-The
Review of the analysis of markets
1-A ARN shall proceed to the analysis of the markets, within two years of
count of the approval, by the European Commission, of a recommendation
revised on the relevant markets, in the case of markets that ARN does not
has notified the European Commission in advance of Article 57 beforehand.
2-A The analysis of the markets should be reviewed:
a) Within three years of the approval of the most recent analysis
of the market concerned;
b) When ARN understands justifiable.
CHAIR OF THE COUNCIL OF MINISTERS
134
3-The deadline set out in paragraph a) from the previous number can be
exceptionally extended for an additional period of three years,
upon presentation, by the ARN to the European Commission, of a proposal
of duly justified extension, with respect to which the Commission
European to raise no objections within one month of its
presentation.
4-When ARN does not complete the analysis of a relevant market in the deadlines
provided for in the preceding paragraphs, depending on the cases, it shall request the
assistance from the ORECE so that, within six months, the respective
analysis and imposition of regulatory obligations is completed and is
notified under Article 57.
Article 76-The
Functional separation obligation
1-When ARN concludes that the obligations imposed in the terms of the Articles
67. to 76 have not allowed to ensure effective and persisting competition
competition problems or relevant market failures in relation to the
wholesale supply of certain markets for access products, the
ARN may, as an exceptional measure, in accordance with Article 66 (4),
impose on vertically integrated companies the obligation to affect the
activities related to the wholesale supply of products of
relevant access to an operating entity operationally
independent.
2-A operationally independent entity referred to in the preceding paragraph
must provide products and services of access to all companies, including
to other corporate entities of the parent company, on the same time limits,
terms and conditions, particularly with respect to prices and levels of
service, and through the same systems and processes.
CHAIR OF THE COUNCIL OF MINISTERS
135
3-Where it intends to impose a functional separation obligation, the NRA
must submit a proposal to the European Commission, of which they must appear
the following elements:
a) Evidence justifying the findings of the NRA referred to in paragraph 1;
b) Demonstration that, within a reasonable time, there are few or
no prospect of competition at the level of the infrastructure;
c) Analysis of the anticipated impact on the NRA, the company, in particular in the
operating force of the operationally independent company and the
sector of electronic communications as a whole, and in their
incentives to invest in the network itself, and the impact on others
interested, including the anticipated impact on competition between
infrastructure, and of the possible effects arising therefrom for the
consumers;
d) Analysis of the reasons justifying that this obligation is the most
efficient to apply solutions aimed at correcting the deficiencies or the
issues identified.
4-Together with the proposal referred to in the preceding paragraph, the ARN shall
submit to the European Commission the draft decision it intends to adopt,
which should include the following elements:
a) Precise nature and level of separation, in particular, in need of the
legal status of the business entity operationally
independent;
b) Identification of the assets of the separate entity and the products or
services to be provided by this;
CHAIR OF THE COUNCIL OF MINISTERS
136
c) Governance provisions that guarantee the independence of the
employees of the business entity operationally
independent, and the corresponding structure of incentives;
d) Rules to ensure compliance with obligations;
e) Rules to ensure transparency of operational procedures,
particularly in relation to the others concerned;
f) Monitoring programme to ensure the observance of the measure a
impose, including the publication of an annual report.
5-Following the decision of the European Commission on the draft measure, taken
in accordance with Article 66 (4), ARN conducts a coordinated analysis
of the different markets related to the access network, according to
the procedure laid down in Article 59, on the basis of which it imposes, maintains,
changes or suppresses obligations, in accordance with articles 8, 57 and
57 .º-A.
6-For the purposes of the preceding paragraph, a company to which is imposed
functional separation may be subject to any of the obligations foreseen
in Articles 67 to 76, in any specific market in which it has been
designated with significant market power by ARN, in compliance
with Article 59, or any other obligations authorized by the
European Commission, in accordance with Article 66 (4).
CHAIR OF THE COUNCIL OF MINISTERS
137
Article 76-B
Voluntary functional separation
1-The vertically integrated companies designated with market power
significant in one or several relevant markets, in compliance with
the Article 59, shall inform the ARN in advance and in a timely manner when
want to transfer their assets from the local access network or a part
substantial from the same to a separate legal entity of ownership
distinct, or establish a separate corporate entity to offer
to all retail providers, including to their own divisions of
retail, fully equivalent access products.
2-Companies referred to in the preceding paragraph shall also inform
to ARN, in advance and in a timely manner, of any change in the
communicated intention, as well as of the final result of the process of
separation.
3-Compete à ARN assess the effect of the transaction sought on the obligations
Regulations imposed on the vertically integrated company under the
article 66, through a co-ordinated analysis of the different markets
related to the access network, pursuant to Article 59.
4-After the completion of the separation process, the NRA, on the basis of the evaluation
carried out in the terms of the preceding paragraph, imposes, maintains, changes or suppresses
obligations, in accordance with Articles 8, 57, and 57 .ºA.
5-A separate entity may be subject to any of the obligations provided for
in Articles 67 to 76, in any specific market in which it has been
designated with significant market power by ARN, in compliance
with Article 59, or any other obligations authorized by the
European Commission, in accordance with Article 66 (4).
CHAIR OF THE COUNCIL OF MINISTERS
138
Article 4.
Amendment of the systematic of Law No. 5/2004 of February 10
1-Is suppressed the systematic division by sections of Chapter IV of Title III of the Act
n ° 5/2004 of February 10, which passes to have the epiggrafe " Rules of exploitation
applicable to companies offering public communications networks and services
accessible to the public ".
2-In Title III of Law No. 5/2004 of February 10, a Chapter V is added with the
epitome "Safety and integrity of networks and services", integrated by Articles 54-A to
54.-G, deferred by the previous article.
Article 5.
Amendment to the Annex to Law No 5/2004 of February 10
The Annex to Law No 5/2004 of February 10 is replaced by Annex I to the present
diploma, of which it is an integral part.
Article 6.
Transitional and final provisions
1-The obligations laid down in Article 43 of Law No 5/2004 of February 10 are the subject of
of review until May 25, 2012, upon specification, by the Entity
Regulator for Social Communication (ERC), the services of TV programmes and
of radio that must be the subject of transport obligation by the companies they offer
electronic communications networks and services.
2-A the selection and pre-selection obligation provided for in Article 84 of Law No. 5/2004 of 10
of February, in its original wording, shall remain in force until the decision of the NRA which,
following an analysis of markets, impose, maintain, change or suppress the
obligation of selection and pre-selection under the paragraph j) of Article 72 (2).
CHAIR OF THE COUNCIL OF MINISTERS
139
3-A violation of the obligation of selection and pre-selection and the respective regulations of
execution, kept transiently in force under the terms of the preceding paragraph, constitutes
serious counterordinance, punishable in accordance with Article 113 (7) of Law No 5/2004,
of February 10.
4-Regulation No 1/2006 of January 9, in the wording given by Regulation No
268/2007, of October 15 (Regulation of selection and pre-selection), stands at
vigour until its revocation by ARN.
Article 7.
Abrogation standard
1. Are repealed the letter c ) of paragraph 2 and (2) c) of Article 5 (3), Article 4 (4)
27, the point d) of Article 28, Article 49 (3), Article 58 (4), paragraph 6 of the
article 59, the points ), (b), (d), and), (g), (m), n) and o) of Article 60 (4), paragraph 60 b) of the n.
2 and the points f) and h) of Article 69 (3), Art. 77 (2), Articles 82 to 84,
the Article 85 (7), Article 107 (5), Article 115, Articles 117 to 119, the
n Article 121 (6), Article 121 (3) and Article 127 (2) para.
of Law No. 5/2004 of February 10, as amended by Decree-Law No. 176/2007, of 8 of
May, by Law No. 35/2008, of July 28, by the Decree-Law No. 123/2009, 21 of
May, by the Decree-Law No. 258/2009 of September 25, and by Law No. 46/2011, of
June 24.
2. The revocation of Article 84 of Law No 5/2004 of February 10, produces
effects with the decision of the NRA provided for in paragraph 1 of the preceding Article.
Article 8.
Republication
It is republished, in Annex II to this diploma, of which it is an integral part, the Act No. 5/2004, 10 of
February, with the current wording.
Article 9.
CHAIR OF THE COUNCIL OF MINISTERS
140
Entry into force
1-This diploma shall come into force on the day following that of its publication.
2-The amendments made to Article 13 (1) and (6) and Article 116 (6) of the Law
n ° 5/2004 of February 10 by Article 12 of Law No 46/2011 of June 24,
produce effects under the provisions of the provisions of Article 20 of this last Law.
Seen and approved in Council of Ministers of July 21, 2011
The Prime Minister
The Deputy Minister and Parliamentary Affairs
CHAIR OF THE COUNCIL OF MINISTERS
141
ANNEX I
" ANNEX
Service quality parameters
Time parameters of supply and quality of service, definitions and methods
provided for in Articles 40 and 92.
For companies that provide access to a public communications network
Parameter (1) Definition Method of measurement
Deadline for supply of the initial link ETSI EG 202057 ETSI EG 202 057-1
Rate of avairies per access line ETSI EG 202057 ETSI EG 202 0571
Wait time for repair of avices ETSI EG 202057 ETSI EG 202057
For companies providing accessible telephone services to the public
Parameter (1) Definition Method of measurement
Time of call establishment (2) ETSI EG 202057 ETSI EG 202057
Response times for the services of
lists information ETSI EG 202057 ETSI EG 202057
Percentage of public currency posts and
card in good operating conditions. ETSI EG 202057 ETSI EG 202057
Complaints about incorrections in ETSI EG 202057 ETSI EG invoices 202057
Unrealized Calls (2) ETSI EG 202057 ETSI EG 202057
(1) The parameters should allow the performance to be analysed at the regional level [or
be, no less than at the level 2 of the Nomenclature of Territorial Units (NUTS)
established by Eurostat].
(2) Member States may decide not to require the maintenance of information
updated on performance with regard to these two parameters, if they exist
data that will prove that the performance in these two domains is satisfactory.
Note. -The version number of ETSI EG 202057-1 is v. 1.3.1 (July 2008). "
