ICP - Autoridade Nacional das Comunicações
Regulation No. XXXX/2015
Radio Licensing Regulation
By determination of 19 August 2009, ICP-ANACOM's Management Board, under paragraph 2 of article 8 and paragraph 3 of article 12, both of Decree-Law No. 151-A/2000, of 20 July, defined and publicised the categories of stations that require a radio license, as well as information to be attached to applications for the allocation or amendment of such licenses.
This Authority believes that Notice No. 15252/2009, published in Series II of the Official Gazette of 31 August 2009 must be now reviewed, after five years’ operation, taking into account, in particular:
i) The introduction of the concept of technological neutrality, which, in the scope of radio licensing, led to the removal of the reference to technologies such as GSM (Global System for Mobile Communications) or UMTS (Universal Mobile Telecommunications System) and the emergence of networks underpinning the operation of Terrestrial Electronic Communications Services;
ii) The need to define the concept of 2 GHz MSS network license (Mobile Satellite Systems operating in the 2 GHz band) with CGC stations (Complementary Ground Components);
iii) The decision of the World Radiocommunication Conference (WRC-12), which identified, in the scope of the Aeronautical Mobile Service, networks underpinning the operation of surface applications;
iv) The need to establish a framework for the licensing of Land Radiodetermination Service networks, composed of centralised reporting and surveillance systems, which have emerged recently, as well as of earth stations in the Space Research Service.
In compliance with article 11 of ICP-ANACOM's Statutes, in annex to Decree-Law No. 309/2001, of 7 December, the Draft Regulation was submitted to the respective regulatory consultation procedure, interested parties having been given a period of 30 working days in which to comment.
The final report, which analyses responses received in the scope of this procedure and substantiates the options taken by ICP-ANACOM, has been published at this Authority’s website.
Therefore, under article 9a) and article 26 b) of ICP-ANACOM's Statutes, published in annex to Decree-Law No. 309/2001, of 7 December, and pursuant to paragraph 2 of article 8 and paragraph 3 of article 12, both of Decree-Law No. 151-A/2000, of 20 July, as amended by Decree-Law No. 264/2009, of 28 September, ICP-ANACOM approves the following Regulation:
Article 1
Subject-matter and scope
1 - This Regulation defines and publicises, in accordance with Decree-Law No. 151-A/2000, of 20 July, republished in annex to Decree-Law No. 264/2009, of 28 September, and amended by Law No. 20/2012, of 14 May and by Law No. 82-B/2014, of 31 December, hereinafter referred to as Decree-Law No. 151-A/2000, the following:
a) The categories of stations which, forming part of a radiocommunication network, require a licence, in compliance with paragraph 2 of article 8 of the referred Decree-Law;
b) Information to be attached to applications, as well as requirements of technical projects, for allocation or amendment of radio licenses, according to the type of license and services concerned, in compliance with paragraph 3 of article 12 of the referred Decree-Law.
2 - Users of stations referred to in point a) of paragraph 1 and all applicants of radio licenses are obliged to abide by this regulation.
Article 2
Definitions, abbreviations and endnotes
1 - For the purposes of this Regulation, and without prejudice to provisions laid down in the Radio Regulations annexed to the International Telecommunication Convention, definitions in article 2 of Decree-Law No. 151-A/2000 shall apply.
2 - The endnotes listed in the Annex form an integral part of this Regulation.
Article 3
Categories of stations which, forming part of a radiocommunication
network, require a licence
The categories of stations referred to in paragraph 2 of article 8 of Decree-Law No. 151-A/2000, which, forming part of a radiocommunication network, require a licence, are as follows:
a) In the fixed service1: fixed shortwave stations2;
b) In the fixed-satellite service3: earth stations4 and satellite news gathering (SNG) earth stations5;
c) In the aeronautical mobile service6: aeronautical stations7, except for stations integrating networks underpinning the operation of surface applications8;
d) In the maritime mobile service9: coast stations10;
e) In the mobile-satellite service11: earth stations, except for those integrating networks that include complementary ground components (CGC)12;
f) In the port operations service13: port stations14;
g) In the broadcasting service15: analogue radio broadcasting and/or relay stations16 and digital radio broadcasting stations (DRM system)17;
h) In the radiodetermination service18: transceiver land radiodetermination stations19, except for those integrating centralised reporting and surveillance systems, and exclusively receiver land radiodetermination stations operating in primary frequency bands, for which protection against harmful interference has been required;
i) In the radiodetermination-satellite service20: transceiver radiodetermination-satellite stations21 and exclusively receiver radiodetermination-satellite stations operating in primary frequency bands for which protection against harmful interference has been required;
j) In the meteorological-satellite service22: transceiver earth stations, and exclusively receiver earth stations operating in primary frequency bands for which protection against harmful interference has been required;
k) In the meteorological aids service23: transceiver meteorological aids stations24, and exclusively receiver meteorological aids stations operating in primary frequency bands for which protection against harmful interference has been required;
l) In the space operation service25: transceiver earth stations, and exclusively receiver earth stations operating in primary frequency bands for which protection against harmful interference has been required;
m) In the earth exploration-satellite service26: transceiver earth stations, and exclusively receiver earth stations operating in primary frequency bands for which protection against harmful interference has been required;
n) In the radio astronomy service27: radio astronomy stations28 operating in primary frequency bands for which protection against harmful interference has been required;
o) In the space research service64: earth stations operating in primary frequency bands.
Article 4
Information to be attached to radio licensing applications
for allocation of network licenses
Information to be attached to applications, as well as requirements of technical projects, for allocation or amendment of network radio licenses, according to the type of license and services concerned, in compliance with paragraph 3 of article 12 of Decree-Law No. 151-A/2000, of 20 July, is as follows:
a) Radio networks30 for the provision of terrestrial electronic communications services29
i. Identity of the applicant;
ii. Mail address and address for collection purposes;
iii. Frequency bands allocated;
iv. Location of base stations with effective radiated power (e.r.p.) equal to or higher than 250 mW, including stations commonly called repeaters;
v. Maximum effective radiated power31 (e.r.p.) estimated for base stations;
vi. Characteristics of base stations;
vii. Signature of the applicant, either qualified electronic signature or signature recognised under the law.
b) Land Mobile Service networks32 - digital trunked networks33 and railway communications networks (GSM-R)34
i. Identity of the applicant;
ii. Mail address and address for collection purposes;
iii. Network purpose;
iv. Location of base stations, including stations commonly called repeaters, and channels used;
v. Maximum effective radiated power (e.r.p.) estimated for base stations;
vi. Characteristics of base stations;
vii. Signature of the applicant, either qualified electronic signature or signature recognised under the law.
c) Land Mobile Service networks - privative networks35
i. Identity of the applicant;
ii. Mail address and address for collection purposes;
iii. Network purpose and structure;
iv. Service area;
v. Frequency band and operating method;
vi. Amount of, and grounds for, required channels;
vii. Amount of mobile stations;
viii. Class and location of stations, where appropriate;
ix. Characteristics of stations;
x. Effective radiated power (e.r.p.) calculations (only for networks with e.r.p. over 5W);
xi. Network devices;
xii. Signature of the applicant, either qualified electronic signature or signature recognised under the law.
d) Land mobile service networks - Broadcast auxiliary service (program making and special events)36
i. Identity of the applicant;
ii. Mail address and address for collection purposes;
iii. Network purpose;
iv. Service area;
v. Frequency band;
vi. Amount of, and grounds for, required frequencies;
vii. Effective radiated power (e.r.p.) of stations;
viii. Signature of the applicant, either qualified electronic signature or signature recognised under the law.
e) Land mobile service networks - other networks
i. Identity of the applicant;
ii. Mail address and address for collection purposes;
iii. Network purpose;
iv. Frequency band;
v. Location of base stations, including stations commonly called repeaters;
vi. Effective radiated power (e.r.p.) estimated for base stations;
vii. Characteristics of base stations;
viii. Signature of the applicant, either qualified electronic signature or signature recognised under the law.
f) Aeronautical mobile service networks underpinning the operation of surface applications
i. Identity of the applicant;
ii. Mail address and address for collection purposes;
iii. Network purpose and structure;
iv. Frequency band;
v. Service area;
vi. Amount of stations;
vii. Location of stations;
viii. Characteristics of stations;
ix. Signature of the applicant, either qualified electronic signature or signature recognised under the law.
g) Mobile-satellite service networks involving CGC stations
i. Identity of the applicant;
ii. Mail address and address for collection purposes;
iii. Network purpose;
iv. Location of earth stations and of CGC stations;
v. Characteristics of earth stations and of CGC stations;
vi. Identification of associated satellite network;
vii. Signature of the applicant, either qualified electronic signature or signature recognised under the law.
h) Fixed service networks - point-to-point link networks37, point-to-multipoint link networks38 and studio to transmitter link networks39
Information for the application for indication of frequency band and plan
i. Identity of the applicant;
ii. Mail address;
iii. Network purpose and structure;
iv. Location of base stations;
v. Characteristics of network stations;
vi. Signature of the applicant.
Elements of the application for network license
i. Identity of the applicant;
ii. Mail address and address for collection purposes;
iii. Frequency band and plan;
iv. Characteristics of network links;
v. Characteristics of network stations;
vi. Land profile and equivalent isotropically radiated power (e.i.r.p.) calculations of the respective radio links41;
vii. Signature of the applicant, either qualified electronic signature or signature recognised under the law.
i) Fixed service networks - occasionally-used beams40
Information for the application for indication of frequency band and plan
i. Identity of the applicant;
ii. Mail address;
iii. Network purpose and structure;
iv. Characteristics of network stations;
v. Signature of the applicant.
Elements of the application for network license
i. Identity of the applicant;
ii. Mail address and address for collection purposes;
iii. Frequency band and plan;
iv. Characteristics of network stations;
v. Signature of the applicant, either qualified electronic signature or signature recognised under the law.
j) Fixed-satellite service networks - VSAT earth station networks42
i. Identity of the applicant;
ii. Mail address and address for collection purposes;
iii. Network purpose;
iv. Frequency band;
v. Location of VSAT earth stations;
vi. Characteristics of VSAT earth stations;
vii. Signature of the applicant, either qualified electronic signature or signature recognised under the law.
k) Broadcasting service networks - digital terrestrial radio broadcasting service43 and digital terrestrial television broadcasting service44
i. Identity of the applicant;
ii. Mail address and address for collection purposes;
iii. Identification of the network;
iv. Location of stations;
v. Characteristics of stations;
vi. Calculations of effective radiated power (e.r.p.) of stations;
vii. Signature of the applicant, either qualified electronic signature or signature recognised under the law.
l) Land radiodetermination service networks, which include reporting and surveillance systems with centralised management
i. Identity of the applicant;
ii. Mail address and address for collection purposes;
iii. Network purpose;
iv. Frequency band;
v. Location of stations;
vi. Characteristics of stations;
vii. Signature of the applicant, either qualified electronic signature or signature recognised under the law.
Article 5
Information to be attached to radio licensing applications
for allocation of station licenses
Information to be attached to applications, as well as requirements of technical projects, for allocation or amendment of station radio licenses, according to the type of license and services concerned, in compliance with paragraph 3 of article 12 of Decree-Law No. 151-A/2000, of 20 July, is as follows:
a) Stations of the fixed shortwave service - fixed shortwave stations45
Information for the application for indication of frequency band and plan
i. Identity of the applicant;
ii. Mail address;
iii. Network purpose;
iv. Location of the station;
v. Characteristics of the station;
vi. Signature of the applicant.
Elements of the application for station license
i. Identity of the applicant;
ii. Mail address and address for collection purposes;
iii. Frequency band(s) and plan;
iv. Location of the station;
v. Characteristics of the station;
vi. Effective radiated power (e.r.p.) calculations;
vii. Signature of the applicant, either qualified electronic signature or signature recognised under the law.
b) Stations in the satellite radiocommunications service: fixed-satellite service earth stations, satellite news gathering (SNG) earth stations, meteorological-satellite service earth stations, mobile-satellite service earth stations, except for those integrating networks that involve CGC stations, space operation service earth stations, earth exploration-satellite service earth stations and space research service earth stations.
i. Identity of the applicant;
ii. Mail address and address for collection purposes;
iii. Earth station purpose;
iv. Frequency band;
v. Desired frequencies (not applicable to SNG earth stations);
vi. Location of earth station (not applicable to SNG earth stations);
vii. Characteristics of the earth station;
viii. Signature of the applicant, either qualified electronic signature or signature recognised under the law.
c) Mobile service stations - aeronautical stations, except for those integrating networks underpinning the operation of surface applications, coast stations and port stations
i. Identity of the applicant;
ii. Mail address and address for collection purposes;
iii. Station purpose;
iv. Frequency band;
v. Location of the station;
vi. Characteristics of the station;
vii. Signature of the applicant, either qualified electronic signature or signature recognised under the law.
d) Analogue radio broadcasting stations
i. Identity of the applicant;
ii. Mail address and address for collection purposes;
iii. Station purpose;
iv. Location of the station;
v. Characteristics of the station;
vi. Calculations of effective radiated power (e.r.p.) of stations;
vii. Copy of the certificate for the pursue of the radio activity, only required for new licenses;
viii. Location of studios, forms of connection to the station (applicable to stations of a local scope) and location of the station;
ix. Technical characteristics of radiocommunication equipment to be used;
x. Explanatory report of the installation, based on field strength measurements, for the cases provided for in article 2 of Decree-Law No. 126/2002, of 10 May;
xi. Identity of the technical manager;
xii. Signature of the applicant, either qualified electronic signature or signature recognised under the law.
e) Digital radio broadcasting stations (DRM system)
i. Identity of the applicant;
ii. Mail address and address for collection purposes;
iii. Station purpose;
iv. Location of the station;
v. Characteristics of the station;
vi. Calculations of effective radiated power (e.r.p.) of the station;
vii. Signature of the applicant, either qualified electronic signature or signature recognised under the law.
f) Stations of the land and satellite radiodetermination service, of the meteorological aids services and of the radio astronomy service
i. Identity of the applicant;
ii. Mail address and address for collection purposes;
iii. Station purpose;
iv. Frequency band;
v. Location of the station;
vi. Characteristics of the station;
vii. Signature of the applicant, either qualified electronic signature or signature recognised under the law.
Article 6
Repealing provision
Notice No. 15252/2009, published in the Official Gazette No. 168 (II Series) of 31 August 2009, which publicised the determination issued by the Management Board of ICP - Autoridade Nacional das Comunicações (ICP-ANACOM), of 19 August 2009, concerning radio licenses, is hereby repealed.
Article 7
Entry into force
This Regulation comes into force on the day following that of its publication in the Official Gazette.
