Representation of the Portuguese State

European Union (EU)

It is a statutorily enshrined function of ICP-ANACOM to provide advice and assistance to the Government. Internationally this is accomplished through representation and monitoring of the committees working under the regulatory framework dedicated to electronic communications and to postal matters, as well as in an advisory capacity at meetings and in the preparation of opinions on topics discussed in Council working groups in COREPER, the Council of Ministers and other cross-Community bodies focused on regulation.

Council of Transport, Telecommunications and Energy (TTE)

Assisting the Government, in particular, the Ministry of Public Works, Transport and Communications and the permanent national representatives (REPER) to the EU, ICP-ANACOM participated in the postal and telecommunications group, issuing opinions and proposals and through its involvement in negotiations.

ICP-ANACOM also provided the Government with support in negotiations at COREPER and at the TTE Council held in May and December 2010 in Brussels. In this context, note is made of the following matters:

Review of the scope of the universal service

In March, the Commission launched a consultation on the future of universal service in the digital era, in order to compile opinions, specifically, regarding the basic concept of universal service, availability of broadband, national flexibility and a coordinated EU approach and financing - Portugal was among the respondents to the consultation. The Commission presented the preliminary results of the public consultation to the Council in May 2010.

Digital Agenda

Pursuant to the Communication "Europe 2020", in May the Commission adopted the Communication "Digital Agenda for Europe", which outlines seven priority areas for action: creating a vibrant digital Single Market, greater interoperability, ensuring trust and security, much faster internet access, more investment in research and innovation, enhancing digital literacy, skills and inclusion, and applying information and communications technologies to address challenges facing society such as climate change and ageing populations. In these seven areas, the EC sets out one hundred measures, including thirty-one legislative measures. The communication was examined by the Council in May and approved by the European Council in June.

European Broadband Strategy

In September 2010, the Commission adopted three additional measures to drive deployment and take-up of fast and ultra-fast broadband in the EU. The package consists of a Recommendation on regulated access to NGA, a communication on broadband, which suggests ways of encouraging public and private investment in high-speed and ultra high-speed networks and a draft decision proposing the first Radio Spectrum Policy Programme (RSPP). The Communication on broadband was put before the Council in May.

First Radio Spectrum Policy Programme (RSPP)

In September 2010, the Commission presented a draft decision to establish the first RSPP, seeking to establish a five-year policy programme to promote efficient use and management of spectrum and, in particular, ensure sufficient availability of spectrum for wireless broadband by 2012; the draft decision also addressed other areas of EU policy, such as research and development, transport and energy.

The proposal was discussed within the telecommunications and information society group of the Council (Council GT) during the Belgian Presidency, which presented a progress report to the Council in December.

On 25 October 2010, a letter was sent to the responsible Ministry setting out ICP-ANACOM's position on the RSPP and seeking to contribute to the national position to be adopted by the Portuguese Government.

European Network and Information Security Agency (ENISA)

In September 2010, the Commission presented a draft regulation on ENISA, to replace Regulation (EC) no. 460/2004, reformulating the rules governing the Agency and instituting it for a period of five years. At the same time, the Commission proposed a regulation extending the Agency's current mandate for a period of 18 months, given the risk that a legal vacuum might ensue if the new term was not adopted before the end of the current term. Both proposals were discussed in the Council WG during the Belgian Presidency, which presented a progress report to the Council in December.

International roaming

In June, the Commission presented its interim report on the development of roaming in the EU, in accordance with the provisions of Regulation (EC) No 544/2009.

Committees and Groups of the European Commission

Pursuant to its responsibilities, ICP-ANACOM participated actively in the activities of comitology bodies provided for in the community framework, particularly in the following instances more focused on the implementation of EU policies and on regulation of the markets and the radio spectrum: Communications Committee (COCOM), the Radio Spectrum Committee (RSC) and the Postal Directive Committee.

Communications Committee (COCOM)

In 2010, ICP-ANACOM participated in all the meetings of the Communications Committee, which, in the period being reported, gave a (favourable) position on the draft Commission Recommendation on regulated access to NGA and published guidelines on the transposition of the new regulatory framework.

As in previous years, the report on European Union broadband data was published (data corresponding to 1 January, annual report, and 1 July, half-yearly report).

ICP-ANACOM participated in the consultation procedure on the proposed EC Recommendation on MCV services, in phase II of article 7 on two cases of notification of Poland and contributed to the drafting of the annual report on the implementation of the European 112 emergency number and to the response given to the respective questionnaire (through the processing of information collected from operators and entities responsible for emergency services) in the report on the implementation of 116.

Furthermore, ICP-ANACOM participated in the meetings of various sub-groups of COCOM: Authorisations; Selection of Mobile Satellite Service (MSS) systems at 2 GHz; Radio broadcasting systems; Users with special needs; Compilation of market data on broadband; Emergency access (EGEA - Expert Group on Emergency Access), which focuses in particular on issues related to improving the localisation of mobile calls and on the application of new technologies in emergency communications to provide an effective and efficient service to citizens. ICP-ANACOM also participated in the ad hoc meeting on 116.

Radio Spectrum Committee (RSC)

The RSC continued its activity in 2010, and was involved in the approval processes of the EC following decisions:

Decision 2010/368/EU of 30 June 2010 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices;
Decision 2010/267/EU of 6 May 2010 on harmonised technical conditions of use in the 790-862 MHz frequency band for terrestrial systems capable of providing electronic communications services in the European Union;
Decision 2010/166/EC of 19 March 2010 on harmonised conditions of use of radio spectrum for mobile communication services on board vessels (MCV services) in the European Union;

Two public consultations were launched during 2010: (i) public consultation of 4 March 2010 on the preparation of the Radio Spectrum Policy Programme; and (ii) public consultation of 14 December 2010 on a draft amendment to Commission Decision 2005/050/EC on the harmonisation of the 24 GHz range radio spectrum band for the time-limited use by automotive short-range radar (SRR) equipment in the Community.

Key among ongoing work is the draft amendment of Decision 2009/766/EC with respect to the 900/1800 MHz band. The amendments envisaged for this EC decision will ensure compliance with the provisions of the modified GSM Directive, allowing both Long Term Evolution (LTE) and WiMAX technologies. The amendments will only affect the annex to the decision.

Telecommunications Conformity Assessment and Market Surveillance Committee (TCAM)

ICP-ANACOM has participated in TCAM meetings since the beginning of 2010, with a focus on the exhaustive analysis work and submission of comments on the proposed revision of the R&TTE Directive, with publication due in 2011.

ICP-ANACOM also participated in the R&TTE Administrative Co-operation Working Group, whose works have focused on R&TTE surveillance activities, revision of the R&TTE Directive and the new legal framework, in the context of the CE marking requirements, most notably the various European surveillance campaigns, in which ICP-ANACOM has participated.

Postal Directive Committee

ICP-ANACOM participated in the meeting of the Postal Directive Committee focused on the presentation of international developments in the postal services sector, on the application of value added tax (VAT) and the presentation of activities undertaken in the context of the European Regulators Group for Postal Services (ERGP).

In 2010, ICP-ANACOM participated in two meetings of the working group established by the Postal Directive Committee in April 2008 to monitor issues related to the transposition of the Postal Directive 2008/06/EC of 20 February 2008. The following issues were discussed at these meetings: creation of the ERGP, international mail (quality, terminal dues and electronic commerce) and the intangible benefits associated with universal service provision.

ICP-ANACOM also participated in the second high-level EC conference on postal services, held in April 2010 and in various cooperation conferences/seminars between national regulatory authorities and the EC, especially the EU-Indonesian seminar on postal reform and express delivery services held in October 2010. Issued covered included the transposition of the postal directive in Portugal and the adaptation of the market and of the postal operator to the new challenges of liberalization.

The Working Group on Electromagnetic Compatibility (EMC)

Pursuant to Directive 2004/108/EC, this group continued to explore issues involving power line communication (PLC) technology, considering that, in general, all Member States have reported complaints by radio amateurs. It should be noted that, according to the EC, almost all complaints have been resolved in accordance with the ex-post intervention, following the principle of Recommendation 2005/292/EC.

European Commission Association of Notified Bodies (ECANB)

With a similar mission in terms of the EMC Directive, during 2010, ICP-ANACOM followed the meetings of ECANB, pursuant to Directive 2004/108/EC, comprising regulatory authorities, laboratories and EC representatives. ECANB provides for the exchange of information related to aspects of uniform compliance in Europe with the requirements of the directive, as well as the development of guides for the interpretation of the harmonized standards.

Radio Spectrum Policy Group (RSPG)

The Decision which established the RSPG (Decision 2002/622/EC) was amended by Decision 2009/978/EC of 16 December 2009, fully enshrining the consultative functions of this group, before the EC, in the preparation of draft spectrum programmes.

The activities of this group in 2010 included:

The adoption of an opinion on the EU Radio Spectrum Policy Programme for 2011-2015. This opinion is based on three pillars: contribute to the EU2020 vision (strategy defined in the European agenda until 2020), improve governance of the spectrum in the EU and strengthen the EU's role in the different international fora on spectrum issues;
Approval of the draft report on Frequency Coordination and Other Issues Concerning the Digital Dividend. This report looks at the best practices of spectrum use, as a way to achieve the broadband targets set out in the Digital Agenda for Europe. Emphasis was put on improving understanding of the problems arising from cross-border frequency coordination with third countries, with the aim of increasing prospects for use of the entire digital dividend spectrum in the 800 MHz band in Member States. The report highlights the value of sharing best practices between Member States and suggests a role for the RSPG in providing expert advice with respect to the challenges of coordination and a role for the Commission in supporting implementation of the digital dividend;
Development of the opinion on cognitive technologies, focusing on a generic approach to implementing cognitive technologies based on three approaches (detection, cognitive pilot channels and databases), to reflect technological developments. Although the draft opinion considers that the current regulatory framework already allows implementation of a significant amount of existing or planned cognitive technologies, the opinion also recommended that further work be carried out in several areas, such as on a coordinated approach to access to geo-location databases and on the creation of a platform where researchers and regulators can cooperate;
The development of the policy opinion on common objectives for WRC-12, which addresses the relevant items of the agenda and provides detailed elements of the common objectives of European policy, referring to three areas that should benefit from cooperation at EU level, including international aspects of the implementation of the digital dividend, the requirements for a European satellite policy and an item for the future agenda of WRC-16 related to the supply of broadband communications.

The following remained under public consultation during 2010: (i) RSPG 2011 work programme; (ii) draft opinion on cognitive technologies; and (iii) draft report on the future of broadcasting in Europe.

Group of Experts on Electronic Commerce

ICP-ANACOM monitors the work of the Group of Experts on Electronic Commerce, chaired by the EC, which had only one meeting in September 2010. The topics covered included the presentation of the main developments that have taken place in relation to the Electronic Commerce Directive, with emphasis on the public consultation launched in August on the future of electronic commerce, in which ICP-ANACOM also participated.

Expert Group on Consumer Complaints

In 2010, ICP-ANACOM continued participation in the Expert Group on Consumer Complaints, which, since early 2009, has been advising the Commission in the context of formulating and proposing the adoption, at European level, of a harmonized methodology for classifying and reporting consumer complaints. It should be noted that in May 2010, the EC published a Recommendation on the harmonized use of this methodology, with efforts underway since then, in cooperation with the competent national authorities, to accomplish the effective implementation of the methodology in the EU and EEA.

Expert Group on Conditional Access

Established by the EC under Directive 98/84/EC on the legal protection of services based on, or consisting of, conditional access, and under Article 3 of the Treaty establishing the European Community on the abolition, as between Member States, of obstacles to the free movement of goods, persons, services and capital, this group has three main objectives: (i) cooperation between Member States on matters relating to the implementation and the practical application of the Directive; (ii) to monitor the development of policies and emerging issues in the area of conditional access, such as new forms of piracy and new distribution platform; (iii) to ensure the exchange of experience and good practice in the area of conditional access.

In 2010, some Member States within this group reported on the main forms of piracy in the internal market and on the ratification of Convention No. 178 on Conditional Access, accompanied by studies on the "Grey Market" and subsequent assessment of its economic potential in each Member State.

Technical Assistance Information Exchange Office (TAIEX)

ICP-ANACOM TOOK part in the EU's Technical Assistance Information Exchange Office (TAIEX) programme, com prising the following actions in 2010:

Study visit of the Turkish delegation on access to ducts, held in Lisbon in July 2010 and attended by a delegation from the Turkish regulator (ICTA), in order to share in-depth knowledge about the reality of access to ducts in Portugal;
Workshop on the European experience of regulation in the postal communications sector, held in Armenia in October. Key among the issues addressed at the workshop was the role of European regulatory authorities, the regulatory principles of the Postal Directive and the price regulation systems;
Study visit to Lisbon by a delegation from the Croatian regulator (HAKOM) in October 2010 with the aim of providing information on the Implementation of the Postal Directives in Portugal.

International Telecommunication Union (ITU)

Plenipotentiary Conference

ICP-ANACOM represented the Portuguese administration at the ITU Plenipotentiary Conference (PP-10), the governing body of this international organization, which met in October in Guadalajara (Mexico).

The decisions taken were compiled in the Final Acts and relate to financial and management matters, the structure and functioning of the Union, public policy issues and other general matters.

The Conference decided to maintain the value of the contribution unit at 318 thousand Swiss francs, and approved the Union's 2012-2015 financial plan along with the strategic plan containing the mission and objectives of the General Secretariat and each of the organisation's Sectors.

The results of PP-10 include the adoption of new resolutions on issues related to Internet and cyber-security, as well as the creation of an independent committee advising on management, with expertise in internal auditing, risk management, accounting and external auditing.

Some resolutions were adopted with possible regulatory impact, including:

Resolution 171, which formalizes the preparation of the World Conference on International Telecommunications which is scheduled for 2012 and which is responsible for reviewing the text of the International Telecommunication Regulation;
Resolution 175, which calls for development of mechanisms to promote accessibility for people with disabilities;
Resolution 177, on the adoption of conformity assessment procedures with a view to increasing quality of service and a greater likelihood of interoperability of equipment, services and systems;
Resolution 180, whose adoption at this Conference which may be impactful at a regulatory level, given that it calls on Member States to take measures to facilitate the transition from IPv4 to IPv6;
Resolution 183, which calls on Member States to consider the development of legislation, regulations, standards and guidelines to promote the development and application of online health products and services (e-health).

It is also important to note, the new resolution that allows the participation of educational and research institutions in the ITU's work, with the payment of a lower contribution, 1/16 of the value required of Union sector members.

During this Conference, the ITU's management body was elected, along with members of the Radio Regulations Board and the Council. In the context of these elections, ICP-ANACOM presented its candidature to the ITU Council after developing work to promote its position. Despite all this work, Portugal was not elected to this body.

Finally, ICP-ANACOM participated in the 10th edition of the Global Symposium for Regulators (GSR) on "Enabling Tomorrow's Digital World " and addressing the challenges which regulators face in stimulating the deployment of broadband through flexible regulation and innovative tools, approving a set of best practices which identify guidelines to assist regulators in promoting open access to networks, services, applications and content of information and communication technologies (ICT).

Council

The Council met in 2010 in order to prepare the PP-10 and discussed the proposals of the strategic plan and 2010-2015 financial plan, as well as outstanding issues related to the structure and functioning of an audit committee.

Developments were also presented with respect to the ITU's Conformance and Interoperability Programme as well as the importance of restructuring the Telecom events model, based on the shift in the focus from exhibition to forum and the need to prepare a model host-country agreement between the ITU and the countries hosting Telecom events. Consideration was also given to Secretariat's study on the financial impact of providing free online access to the basic texts of the ITU and to the Recommendations of the ITU Radiocommunication Sector.

Council Working Groups

The various Council working groups focused on concluding the subjects under examination in order to report to Council, with a view to preparing the PP-10.

Universal Postal Union (UPU)

ICP-ANACOM participated in several meetings of the UPU, particularly in its Boards, Forum and Strategy Conference.

Council of Administration and Postal Operations Council

Along with representatives of CTT, ICP-ANACOM took part in the works of the groups, committees and plenary sessions of the Council of Administration (CA) and Postal Operations Council (POC).

Of particular interest in the 2010 session of the COP was the Electronic Services Group (ESG) of Committee 4 (C4), which developed the domain management policy (DMP) for the .post domain, a project which the UPU has been developing with ICANN with a view to creating an Internet domain for the postal community. As a result of ICP-ANACOM's intervention, the COP has amended the draft resolution, expressly granting the Council of Administration powers to approve the DMP of the new Internet domain to be managed by the UPU.

In the CA's session, this Authority also participated actively in relation to the .post project, as a result of its coordinating role at the level of the European Committee for Postal Regulation (CERP), with a proposal presented addressing the creation of a mixed CA/COP group for issues of governance with respect to the .post Internet domain, involving the CA to a greater extent in the definition of basic policies related to the .post, accepted.

Meanwhile work also advanced on the review of the UPU Acts and the presentation of the results of the survey on the reform of the Union, giving basis to the study on the impact of opening the UPU up to new participants of the postal sector at the level of its mission and activities. The themes covered also related to the UPU's relations with other United Nations agencies and other international organizations.

In the area of finance, the CA approved the budget for 2011 and revised the amount of the contribution unit.

Second Postal Regulation Forum

ICP-ANACOM participated in the second Postal Regulation Forum organized by the UPU, which brought together regulatory authorities and other entities in the postal sector and focused on the theme "The role of regulation in an era of e-substitution and liberalization".

Nairobi Strategy Conference

ICP-ANACOM was present at the Strategic Conference (half cycle), held in Nairobi in September 2010, to provide half-way point evaluation of the World Postal Strategy defined by the UPU for the 2009-2012 four-year period. The main topics discussed related to the response of the UPU and the postal community to the current economic crisis, to changes in technology and environment and the respective impact on the postal services market, as well as the maintenance of the importance of these services for customers, their diversification and sustainable development. Discussions also took place on the implementation of the strategy at regional level.

UPAEP - União Postal das Américas, Espanha e Portugal (Postal Union of the Americas, Spain and Portugal)

ICP-ANACOM participated in the 2010 session of the Consultative and Executive Council (CEC) and in the meetings of the working groups, the Fórum de Regulação Postal (Postal Regulation Forum), as well as the meeting on operational aspects that preceded the CEC in March

The works of the regulation forum focused on the importance of training human resources, highlighting the availability of the UPU "Trainpost" tool, whereas the works of the meeting on operational aspects focused on the management of complaints and the regional development plan (RDP) in the UPAEP region.

The 2010 session of the Council reviewed the results of the 21st UPAEP Congress and approved the 2011 budget.

Organisation for Economic Cooperation and Development (OECD)

Committee for Information, Computer and Communications Policy (ICCP)

ICP-ANACOM was represented at meetings of the ICCP, whose work was centred on the Seoul declaration, including the development of a questionnaire for its review, the development of the "Forging partnerships for advancing policy objectives for the Internet economy" project, which gave special emphasis to the role of Internet intermediaries, and the decision to hold a high-level meeting on the Internet economy in June 2011. Additionally, particular attention was focused on topics such as cloud computing, the OECD strategy for innovation, as well as data protection and privacy.

Approval was also given to the 2011-2012 work programme and budget and new procedures were adopted for the election of the Bureaux (Consisting of the president and vice presidents of the respective body) and the flexibility of working methods.

In the context of the OECD, ICP-ANACOM prepared a document setting out Portugal's approach to "Next Generation Access Networks and Market Structure", which was presented at a high-level OECD meeting on broadband, held in September 2010. This paper focused on market results, wholesale access solutions, investment and innovation incentives, costs and benefits at a social level and for operators and on regulatory challenges.

ICCP Working Parties

Working Party on Communication and Infrastructures and Services Policy (WPCISP)

This Authority participated in the meetings of this working party with discussions taking place on various documents, including: Broadband bundling: trends and policy implications, mobile communication developments in the OECD area, Mobile broadband questionnaire; Communications Outlook 2011, Broadband network development and market structure, National Broadband Plans, A new broadband and Internet Economy metrics checklist, International mobile roaming services: next steps and recommendations; Faber Access Network Developments in the OECD area.

Working Party on Information Security and Privacy (WPISP)

In 2010, the WPISP focused on aspects associated with: (i) the Russian Federation's accession to the OECD Convention; (ii) security; (iii) digital identity authentication and management; (iv) horizontal coordination in the context of the OECD; (v) protection of children online; and (vi) privacy.

Meanwhile, a working party was constituted to plan the work to be developed for the comparison of national cyber-security strategies. The party’s subsequent activity will take place during 2011, following the proposal made by Portugal, which is placed in charge of its coordination together with the United Kingdom.

ICP-ANACOM also took part in this Working Party, and the Portuguese representative was re-elected to one of the vice-presidencies.

European Telecommunications Satellite Organization (EUTELSAT IGO)

ICP-ANACOM provides national representation in the EUTELSAT IGO Assembly of Parties (AP) and in the Advisory Committee (AC), a support body of the organization's executive structure, consisting of the Secretariat and the Executive Secretary (ES).

Eutelsat held its assembly in 2010, whereby ICP-ANACOM’s activity in this organization focused on monitoring the work of the AC, particularly the monitoring of compliance by the operator Eutelsat with the basic principles set forth by the IGO and its obligations in terms of universal service. Another issue receiving close attention was the allegedly deliberate interference originating from Iranian territory and affecting the radio and television broadcasts transmitted by Eutelsat's satellite; this matter was brought before the ITU in a concerted action of about 30 Member States of EUTELSAT IGO, Portugal among them.

International Telecommunications Satellite Organization (ITSO)

ICP-ANACOM provides national representation in the Assembly of Parties (AP) and also acted as an observer in the organization's Advisory Committee (AC). The AP approved the ITSO's strategic plan until 2013, when discussion will take place on the continuation or otherwise of the organization, leading to a Roadmap on the Future of the ITSO Agreement (approved at AC level). The AP took note of the report made by the Director General (DG), according to which, in the period 2008-10, the private operator Intelsat fulfilled its public service obligations, offering non-discriminatory access and satellite coverage to the three oceanic regions, whereby any country or territory could connect to any other country or territory, and fulfilling their obligations to safeguard LCO ("Lifeline Connectivity Obligations") prices. The DG will continue to work with Intelsat to renegotiate a new business model for LCO contracts, known as the "Special Renewal Program". The AP agreed to the DG's proposal to establish a reserve fund for "capacity building" actions in Satellite communications, in cooperation with the ITU Centres of Excellence and other international organizations in the sector, an initiative that began in the second half of 2010.

International Mobile Satellite Organization (IMSO)

ICP-ANACOM provides national representation at the IMSO Assembly, the highest body of this organization, and follows the work of the Consultative Committee (CC) as an observer.

In 2010, an Assembly took place, during which the current Director-General (DG) was re-elected for a second four-year term beginning in April 2011. The Assembly's work was focused on the Global Maritime Distress Safety System (GMDSS) and the Long Range Identification and Tracking of Ships (LRIT) system, with further debate taking place on the financial issues associated with these systems. The meeting saw approval of the Memorandum of Understanding (MoU) between the EC and IMSO which clarifies the role of the European Maritime Safety Agency (EMSA), based in Lisbon, as an organisation that will host and operate the LRIT system’s International Data Exchange (IDE) from 2011 until 2013, after its transfer from the United States, where it is temporarily operated by the Coast Guard.

Finally, ICP-ANACOM submitted to the Government the process of approving the Amendments to the IMSO Convention adopted during the 20th Session of the IMSO Assembly, held in Malta in 2008.

World Trade Organization (WTO)

ICP-ANACOM monitors the affairs of the Trade Policy Committee responsible for common EU trade policy, particularly as regards the negotiation of WTO agreements.

As such, ICP-ANACOM has issued several opinions and monitored the negotiations on cooperation and free trade agreements between the EU and other countries, including the identification of opposing interests and comments on the proposals of other countries in the various agreements which have reference to the communications sector. In particular comments were made on the free trade agreements between the EU and Canada, Mercosur, Malaysia, Ukraine, Singapore, China and India.