With regard to telecommunications infrastructure in building and in housing developments, 598 inspections were carried out in 2012, comprising 512 ITED infrastructure inspections and 77 inspections focusing on ITUR - Infraestruturas de Telecomunicações em Loteamentos, Urbanizações e conjuntos de edifícios (Infrastructure in Housing Developments, Urban Settlements and Concentrations of Buildings).
175 cases were detected of technical non-compliance involving infrastructure (in relation to the respective project and applicable technical standards), corresponding to 34% of non-compliant installations.
These actions aim to verify the conformity of the actions of market agents (designers, installers, project owners, providers of electronic communications) with the applicable regimes1, the construction of infrastructures suitable for carrying electronic communications networks, the installation of electronic communications networks and the construction of telecommunications infrastructure in housing developments, urban settlements and concentrations of buildings.
Under the current legal regime, it is incumbent upon the manufacturer or the manufacturer's representative to demonstrate the conformity of ITED equipment, devices and materials with established legal and technical requirements. As such, ICP-ANACOM conducted investigations to determine the conformity of ITED equipment from fourteen manufacturers and manufacturer representatives out of a total of twenty-one Individual Telecommunications Cabinet (ITC) on the market. The purpose of the actions was to check two types of technical documentation:
- Documentation referring to the assessment of conformity of models with the applicable requirements.
- Documentation accompanying ITC, Including instructions or guides for installation and use.
Under the prevailing legal system, conformity of telecommunications infrastructure in buildings is the responsibility of the designers in the design phase, and of the installers, in terms of execution - these are responsible for issuing declarations of responsibility and delivering them to site owners and to ICP-ANACOM. The issuance and delivery of declarations of the responsibility are essential as they govern the possibility of connection to public networks of service providers.
In order to verify fulfilment of this obligation, ICP-ANACOM undertook a series of actions in 2012 with more than 40 municipalities, enabling compilation of a range of documentary evidence to cross-check data. This activity served as the basis for bringing 301 enforcement actions, in cases where there was strong evidence of non-compliance with the obligation to deliver the respective declarations of responsibility to ICP-ANACOM and non-compliance with technical standards and legal requirements.
A further 9 actions were undertaken to verify compliance with the requirements applicable to the registration of ITED/ITUR training providers.
With regard to the ITUR inspection activity, 77 documentary examinations were conducted in order to verify compliance of the respective ITUR projects with the technical rules (ITUR manual), with examination of other documentation associated with the issuance of the respective declarations of responsibility.
In respect of ITED/ITUR, ICP-ANACOM also gave clarification to technical and legal questions raised by different market participants, providing a total of 325 responses to requests for information.
1 Decree-Law no. 123/2009 of 21 May, as amended by Decree-Law no. 258/2009 of 25 September.
