Law no. 51/2011, of 13 September

Assembleia da República (Assembly of the Republic)

Law

(This is not an official translation of the law)

Amends the Electronic Communications Law, which establishes the legal regime applicable to electronic communications networks and services and to associated services, and defines the assignments of the National Regulatory Authority in this field, transposing Directives 2002/19/EC, 2002/20/EC, 2002/21/EC, 2002/22/EC and 2009/140/EC.

The Assembly of the Republic hereby decrees, under point c) of article 161 of the Constitution, as follows:

Article 1
Subject-matter

This statutory instrument:

a) Introduces the 6th amendment to Law number 5/2004, of 10 February, which establishes the legal regime applicable to electronic communications networks and services and to associated facilities and services, and defines the assignments of the regulatory authority in this field, transposing to the national legal order Directive 2009/136/EC of the European Parliament and of the Council, of 25 November, amending Directive 2002/22/EC, on universal service and users’ rights relating to electronic communications networks and services, as well as Directive 2009/140/EC of the European Parliament and of the Council, of 25 November, amending Directives 2002/21/EC, on a common regulatory framework for electronic communications networks and services, Directive 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and Directive 2002/20/EC on the authorisation of electronic communications networks and services;

b) Introduces the 3rd amendment to Decree-Law number 177/99, of 21 May, which regulates access to and provision of audiotext services and value-added message-based services.

Article 2
Amendment to Law number 5/2004, of 10 February

Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 56, 57, 58, 59, 60, 63, 64, 66, 67, 69, 72, 73, 74, 75, 76, 77, 78, 81, 85, 86, 87, 88, 90, 91, 92, 93, 94, 96, 97, 99, 101, 102, 103, 104, 105, 108, 109, 110, 111, 112, 113, 114, 115, 116, 120, 121, 122, 123, 124, 125, 126 and 127 of Law number 5/2004, of 10 February, as amended by Decree-Law number 176/2007 of 8 May, by Law number 35/2008, of 28 July, by Decree-Laws number 123/2009, of 21 May and 258/2009, of 25 September, and by Law number 46/2011, of 24 June, are hereby amended to read as follows:

«Article 1
[...]

The present law establishes the legal regime applicable to electronic communications networks and services and to associated facilities and services, and defines the assignments of the national regulatory authority in this field, within the scope of the procedure concerning the transposition of Directives 2002/19/EC, 2002/20/EC and 2002/21/EC, all of the European Parliament and of the Council of 7 March, as amended by Directive 2009/140/EC of the European Parliament and of the Council, of 25 November, and Directives 2002/22/EC, of the European Parliament and of the Council, of 7 March, as amended by Directive 2009/136/EC of the European Parliament and of the Council, of 25 November, and 2002/77/EC, of the Council of 16 September.

Article 2
[...]

1 - ...
a) ...
b) Services which provide or which exercise editorial control over content transmitted over electronic communications networks and services, including television and radio programme services and audio-text and value-added message-based services;
c) ...
d) The Government computer network managed by the Centro de Gestão da Rede Informática do Governo (CEGER) - the Government Computer Network Management Centre - as well as networks created to pursue the aims provided for in paragraph 1 of article 1 of Decree-Law number 163/2007, of 3 May;

2 – ...
a) ...
b) The regime governing the construction of infrastructures suitable for the accommodation of electronic communications networks, the set up of electronic communications networks and the construction of infrastructures for telecommunications in housing developments, urban settlements and concentrations of buildings, provided for in Decree-Law number 123/2009, of 21 May, as amended by Decree-Law number 258/2009, of 25 September;
c) The regime applicable to radiocommunications networks and stations, provided for in Decree-Law number 151-A/2000 of 20 July, as amended by Decree-Laws number 167/2006, of 16 August, and 264/2009, of 28 September;
d) ...
e) The legal regime applicable to radio amateurs, provided for in Decree-Law number 53/2009, of 2 March;
f) The legal regime applicable to essential public services, provided for in Law 23/96, of 26 July, as amended by Laws number 12/2008, of 26 February, 24/2008, of 2 June, 6/2011, of 10 March and 44/2011, of 22 June;
g) The legal regime governing the provision of promotion, information and customer and user support services through call centres, provided for in Decree-Law number 134/2009, of 2 June, as amended by Decree-Law number 72-A/2010 of 18 June;
h) The legal regime applicable to sums charged for unblocking devices, provided for in Decree-Law number 56/2010, of 1 June.

3 – In case of conflict between the provisions of this law and other rules laid down in the remaining applicable sector legislation, the former will prevail, except where a more demanding regime for undertakings providing electronic communications networks and services arises from another provision, in which case the latter shall apply.

4 - (Former paragraph 3).

5 - (Former paragraph 4).

Article 3
[...]

...
a) ‘Access’ means the making available of facilities and/or services to another undertaking, under defined conditions, on either an exclusive or non-exclusive basis, for the purpose of providing electronic communications services, including when they are used for the provision of services provided for in points a) and b) of paragraph 1 of the preceding article, covering, inter alia, access to network elements and associated facilities, which may involve the connection of equipment, by fixed or non-fixed means (in particular this includes access to the local loop and to facilities and services necessary to provide services over the local loop); access to physical infrastructure including buildings, ducts and masts; access to relevant software systems including operational support systems; access to information systems or databases for pre-ordering, provisioning, ordering, maintaining and repair requests, and billing; access to number translation or systems offering equivalent functionality; access to fixed and mobile networks, in particular for roaming; access to conditional access systems for digital television services and access to virtual network services;
b) ...
c) ‘Shared access to the local loop’ means the provision to a beneficiary of access to the local loop or local sub-loop of the operator with significant market power, allowing the use of a specified part of the full capacity of the local access network infrastructure such as a part of the frequency or an equivalent;
d) ‘Full unbundled access to the local loop’ means the provision to a beneficiary of access to the local loop or local sub-loop of the operator with significant market power, allowing the use of the full capacity of the local access network infrastructure;
e) ...
f) ‘Spectrum allocation’ means the designation of a given frequency band for use by one or more types of radiocommunications services, where appropriate, under specified conditions;
g) ‘National regulatory authority (NRA)’ means the authority performing regulatory, supervising, monitoring and sanctionary functions in the scope of electronic communications networks and services, as well as associated facilities and services, which is ICP – Autoridade Nacional de Comunicações (ICP – ANACOM), the Statutes of which are laid down in annex to Decree-Law number 309/2001 of 7 December;
h) ‘General authorisation’ means the legal framework established by the present law and by regulations issued by the national regulatory entity, ensuring rights for the provision of electronic communications networks or services and laying down sector specific obligations that may apply to all or to specific types of electronic communications networks and services, in accordance with the present law;
i) ‘Call’ means a connection established by means of a publicly available electronic communications service allowing two-way communication;
j) [Former point g).]
l) [Former point h).]
m) ‘Harmful interference’ means any interference which endangers the functioning of a radio navigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, Community or national provisions;
n) [Former point j).]
o) ‘Application program interface (API)’ means the software interface between applications, made available by radio, television or distribution operators or by service providers, and the resources in the enhanced digital television equipment for digital radio and television services;
p) ‘Local loop’ means the physical circuit connecting the network termination point at the user’s site to a distribution frame or equivalent facility in the public fixed electronic communications network;
q) ‘Transnational markets’ means markets identified in paragraph 5 of article 59, covering the European Union or a substantial part thereof located in more than one Member State;
r) ‘Number’ means a resource of the National Numbering Plan or a resource of an international numbering plan, over which the NRA has specific notification powers, which is used to identify subscribers, services or applications, undertakings providing networks or services, networks or network elements;
s) [Former point p).]
t) ‘Non-geographic number’ means a number of the National Numbering Plan which is not a geographic number, including in particular mobile numbers, freephone numbers and premium rate numbers;
u) [Former point r).]
v) [Former point s).]
x) ‘Body of European Regulators for Electronic Communications (BEREC)’ means the body established by Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November;
z) ‘Public pay phone’ means a fixed terminal equipment available to the general public, for the use of which the means of payment may include coins and/or credit/debit cards and/or pre-payment cards, including cards for use with dialling codes;
aa) ‘Network termination point (NTP)’ means the physical point at which a subscriber is provided with access to a public communications network; in the case of networks involving switching or routing, the NTP is identified by means of a specific network address, which may be linked to a subscriber number or name;
bb) ‘Associated facilities’ means those associated services, physical infrastructures and other facilities or elements associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services via that network and/or service, or have the potential to do so, and include, inter alia, buildings or entries to buildings, building wiring, antennae, towers and other supporting constructions, ducts, conduits, masts, manholes, and cabinets;
cc) ‘Electronic communications network’ means transmission systems and, where applicable, switching or routing equipment and other resources, including network elements which are not active, which permit the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit- and packet-switched, including Internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed;
dd) ‘Public communications network’ means an electronic communications network used wholly or mainly for the provision of electronic communications services available to the public;
ee) ‘Electronic communications service’ means a service normally provided for remuneration which consists wholly or mainly in the conveyance of signals on electronic communications networks, including telecommunications services and transmission services in networks used for broadcasting, without prejudice to the exclusion referred to in points a) and b) of paragraph 1 of article 2;
ff) ‘Associated services’ means those services associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services via that network and/or service, or have the potential to do so, and include, inter alia, number translation or systems offering equivalent functionality, conditional access systems and electronic programme guides, as well as other services such as identity, location and presence service;
gg) ‘Wide-screen television service’ means a television programme service that consists wholly or partially of programmes produced and edited to be displayed in a full height wide-screen format, the 16:9 format being the reference format for these services;
hh) ‘Publicly available telephone service’ means a service available to the public for originating and receiving, either directly or indirectly, national calls or national and international calls through a number or numbers included a national or international numbering plan;
ii) [Former point ff).]
jj) ‘Conditional access system’ means any technical measure and/or arrangement whereby access in intelligible form to a protected radio or television programme service is made conditional upon subscription or other form of prior individual authorisation;
ll) ‘Local sub-loop’ means a partial local loop connecting the network termination point at the end user’s site to a concentration point or a specified intermediate distribution frame in the public fixed electronic communications network;
mm) [Former point ii).]
nn) [Former point jj).]

Article 4
[...]

1 - ...
2 - The present law and the Statutes of the NRA ensure:
a) Its independence as an organisational and financial body, functionally separated from the Government, endowed with the financial and human resources necessary for the execution of its functions, including an active participation in BEREC;
b) ...
c) ...
3 - The NRA shall exercise its powers in an impartial, transparent and timely way.

Article 5
[...]

1 - ...

2 - ...
a) To ensure that users, including disabled users, elderly users and users with special social needs derive maximum benefit in terms of choice, price, and quality;
b) To ensure that there is no distortion or restriction of competition in the electronic communications sector, including in the scope of electronic communications networks and services used for the provision of services referred to in points a) and b) of paragraph 1 of article 2;
c) (Repealed.)
d) To encourage an efficient use and to ensure an effective management of radio frequencies and numbering resources.

3 - ...
a) ...
b) ...
c) (Repealed.)
d) To work in a transparent manner with the Commission, BEREC and other communications regulatory authorities of other Member States of the European Union so as to ensure the development of a regulatory practise and the consistent application of a common regulatory framework for electronic communications networks and services.

4 - ...
a) ...
b) Ensuring a high level of consumer protection in their relationship with undertakings providing electronic communications networks and services, in particular through the establishment of simple and inexpensive dispute resolution procedures, put in place by a body that is independent of the parties in dispute;
c) ...
d) ...
e) Addressing the needs of specific social groups, in particular users with disabilities, elderly users and users with special social needs;
f) ...
g) Promoting the ability of end-users to access and distribute information and to run applications and services of their choice.

5 - In pursuit of objectives referred to in paragraph 1, in all decisions and measures adopted, the NRA shall apply objective, transparent, non-discriminatory and proportionate regulatory principles, being responsible in particular for:
a) Promoting regulatory predictability by ensuring a consistent regulatory approach over appropriate review periods;
b) Ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services;
c) Safeguarding competition to the benefit of consumers and promoting, where appropriate, infrastructure-based competition;
d) Promoting efficient investment and innovation in new and enhanced infrastructures, including by ensuring that any access obligation takes appropriate account of the risk incurred by the investing undertakings and by permitting cooperative arrangements between investors and parties seeking access to diversify the risk of investment, whilst ensuring that competition in the market and the principle of non-discrimination are preserved;
e) Taking due account of the variety of conditions relating to competition and consumers that exist in the various national geographic areas;
f) Imposing ex-ante regulatory obligations only where there is no effective and sustainable competition and relaxing or lifting such obligations as soon as that condition is fulfilled.

6 - ...

7 - ...

8 - Unless otherwise provided for in the regime provided for in articles 15 and 16-A, utmost account shall be taken of the desirability of making laws and regulations technologically neutral, being incumbent on the NRA to do likewise, in carrying out the regulatory tasks specified in this law, in particular those designed to ensure effective competition.

9 - ...

10 - ...

Article 6
[...]

2 - The NRA shall specifically:
a) Support the goals of BEREC of promoting greater regulatory coordination and coherence, taking utmost account of opinions, guidelines and common positions adopted by that body when adopting its decisions on the definition and assessment of relevant markets;
b) To work with the Commission and BEREC to identify the types of regulatory instruments and remedies best suited to address particular types of situations in the marketplace.

3 - For the purpose of the preceding paragraphs, procedures provided for in articles 57 and 57-A shall be adopted specifically, in the cases provided for in this law.

4 - (Former paragraph 3.)

Article 7
[...]

1 - ...
2 - ...
3 - In the cases set out in articles 34 and 61, the NRA shall request the prior opinion of Autoridade da Concorrência.
4 - ...
5 - The NRA may promote cooperation between undertakings providing electronic communications networks or services and other public bodies involved in the promotion of the transmission of lawful content over electronic communication networks and services, specifically aiming at the disclosure of public interest information to be provided pursuant to paragraphs 3 to 5 of article 47-A.

Article 8
[...]

1 - Where the NRA, in the exercise of the powers set forth in the present law, intends to take measures which have a significant impact on the relevant market, including restrictions established under article 16-A, it shall publish the respective draft and give interested parties the opportunity to comment on it within a period set for the purpose, of not less than 20 days.

2 - ...

Article 9
[...]

1 - ...
2 - In the situations referred to in the preceding paragraph, the NRA shall notify the European Commission, other national regulatory authorities and BEREC, as soon as possible, of the measures adopted and the rationale behind them.
3 - ...

Article 10
[...]

Article 12
[...]

1 - In the event of a dispute arising in respect of the obligations resulting from the regulatory framework on electronic communications occurring between undertakings which are subject thereto and established in different Member States, and where such dispute lies within the remit of national regulatory authorities from more than one Member State, any party may refer the dispute to the regulatory authorities concerned, without prejudice to the possibility of judicial review.

2 - ...

3 - Any of the national regulatory authorities concerned may request BEREC to adopt an opinion as to the action to be taken to resolve the dispute, in accordance with the provisions of the regulatory framework for electronic communications.

4 - In the case provided for in the preceding paragraph, any national regulatory authority with competence in any aspect of the dispute shall await BEREC’s opinion before taking action to resolve the dispute, without prejudice to the possibility of taking urgent measures where necessary.

5 - In resolving a dispute, competent national regulatory authorities shall take the utmost account of the opinion issued by BEREC.

6 - National regulatory authorities may jointly decline to resolve a dispute, pursuant to point c) of paragraph 1 and to paragraphs 2 and 3 of the preceding article, which apply mutatis mutandis.

7 - The procedure provided for in article 8 shall not apply to decisions adopted under the present article.

Article 13
[...]

1 - ...
2 - ...
3 - ...
4 - ...
5 - ...
6 - ...
7 - ...
8 - ...
9 - ...
10 - ...
11 - ...
12 - ...
13 - ...
14 - The NRA shall maintain up-to-date information on appeals of decisions provided for in paragraph 2, namely on the number of requests for appeal, the subject-matter and duration of appeal proceedings and the number of decisions to grant interim measures, providing such information to the Commission and BEREC further to a reasoned request from either.

Article 15
[...]

1 - The NRA shall ensure the effective management of spectrum, which shall be understood as the set of frequencies associated with radio waves, taking due account of the important social, cultural and economic value of these frequencies.

2 - ...
a) ...
b) ...
c) ...
d) Appreciation of interests of radio spectrum users.

3 - The NRA shall cooperate with the Commission and with competent bodies for spectrum management of other Member States in the strategic planning, coordination and harmonisation of the use of radio spectrum in the European Union, namely in the scope of multiannual radio spectrum policy programmes approved by the European Parliament and the Council, taking into consideration, inter alia, the economic, safety, health, public interest, freedom of expression, cultural, scientific, social and technical aspects of EU policies as well as the various interests of radio spectrum users.

4 - The NRA shall promote the harmonisation of use of radio frequencies across the European Union, consistent with the need to ensure effective and efficient use thereof and in pursuit of benefits for the consumer such as economies of scale and interoperability of services, acting in accordance with the preceding article as well as with Decision No 676/2002/EC of the European Parliament and of the Council, of 7 March, on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision).

5 - It is incumbent on the NRA to allocate spectrum and to assign frequencies based on objective, transparent, non-discriminatory and proportionate criteria.

Article 16
[...]

1 - It is incumbent on the NRA to publish and to keep up to date the National Frequency Allocation Plan (NFAP), which shall include:
a) The frequency allocation table, corresponding to the radio spectrum subdivisions, breaking down radiocommunications services for each frequency band, in accordance with allocations in ITU Radio Regulations applying to Portugal;
b) The frequency bands and radio spectrum allocated to undertakings providing public communications networks or publicly available electronic communications services, including the date on which each allocation is to be reviewed;
c) The frequency bands which are reserved and which are available, in respect of electronic communications networks and services, whether publicly available or not, specifying, for each frequency band, the cases where rights of use are required and the respective procedure of allocation;
d) The rights of use for frequencies that cannot be sold or leased, as well as bands that cannot be sold or leased, pursuant to article 34.

2 – The publication requirements set out in preceding paragraph shall not apply to frequencies the management of which is allocated at any given time to the Armed Forces and to security forces and services.

3 - The NFAP may take the form of an online portal.

Article 17
[...]

1 - ...
2 - ...
a) ...
b) ...
c) ...
d) ...
e) Ensuring that an undertaking assigned a right to use a range of numbers does not discriminate against other providers of electronic communications services as regards the number sequences used to give access to its services;
f) Supporting the harmonisation of specific numbers or numbering ranges within the European Union where it promotes both the functioning of the internal market and the development of pan-European services, and coordinating its position with other competent bodies of the Union in respect of international organisations and forums in which decisions are taken on numbering issues, where such is appropriate in order to ensure full and global interoperability of services.
3 - ...
4 - ...

Article 19
[...]

1 - ...
2 - Without prejudice to the following paragraph, the provision of electronic communications networks and services, whether publicly available or not, shall be subject only to the general authorisation regime and shall not be dependent on any prior decision or act of the NRA.
3 - The use of numbers and frequencies is subject to the general authorisation regime pursuant to the preceding paragraph and depends, additionally, on the allocation by the NRA of rights of use, in all cases for numbers, and exceptionally for frequencies.
4 - The use of frequencies for electronic communications services, whether or not depending of the allocation of rights of use, is subject to the conditions for use of radio spectrum provided for in Decree-Law number 151-A/2000, of 20 July, as amended by Decree-Laws number 167/2006, of 16 August, and 264/2009, of 28 September.
5 - (Repealed).
6 - (Repealed).
7 - (Repealed).

Article 20
[...]

1 - ...
2 - Amendments to rights of use for frequencies provided for in the preceding paragraph shall take into consideration the specific conditions applicable to transferable rights, under article 34.
3 - Amendments adopted pursuant to this article are subject to the general consultation procedure referred to in article 8, and interested parties, including users and consumers, shall be allowed a sufficient period of time to express their views on the proposed amendments, which shall be no less than 20 days, except in exceptional and duly justified circumstances.
4 - The previous paragraph shall not apply to minor amendments, which do not change the substantial nature of the general authorisations and the rights of use, namely not causing any comparative advantage, and which have been agreed with the holder of the general authorisation or rights of use.

Article 21
[...]

1 - ...
2 - ...
3 - ...
4 - ...
5 - ...
6 - ...
7 - Undertakings that cease the provision of electronic communication networks or services are required to inform the NRA about it at least 15 days in advance.

Article 22
[...]

Undertakings which provide public communications networks or publicly available electronic communications services shall enjoy the following rights:
a) To negotiate interconnection with and obtain access or interconnection from other undertakings providing public communications networks or publicly available electronic communications services, under the conditions of and in accordance with the present law;
b) To be designated as providers of certain elements of universal service and/or to cover different parts of the national territory in accordance with the provisions of the present law.

Article 23
[...]

No restrictions may be imposed that prevent undertakings or operators from negotiating agreements among themselves in respect of technical and commercial modalities of access and interconnection related to networks and services not publicly available.

Article 24
[...]

1 - Undertakings providing public communications networks or publicly available electronic communications services shall be ensured:
a) ...
b) ...
2 - ...
3 - All authorities with jurisdiction over public domain shall develop and publish procedures for granting the rights referred to in the preceding paragraphs, which shall be efficient, simple, transparent and duly disclosed, non-discriminatory and quick, and a decision shall be provided within six months of the application, except in cases of expropriation.
4 - The conditions that apply to the exercise of rights referred in paragraphs 1 and 2 shall comply with the principles of transparency and non-discrimination.
5 - ...
6 - ...

Article 25
[...]

1 - ...
2 - Without prejudice to powers of local authorities, the NRA is entitled, following a consultation period of interested parties under article 8, to determine the sharing of resources or property, including buildings, entries to buildings, masts, antennae, towers and other supporting constructions, ducts, conduits, manholes, cabinets and other installations in the site, whether or not the owners thereof are undertakings providing electronic communications networks and services, in order to protect the environment, public health, public security or to meet town and country planning and landscape protection objectives, ensuring in all cases that the measures put in place are objective, transparent, non-discriminatory and compatible with the principle of proportionality.
3 - ...
4 - ...

Article 26
[...]

Article 27
[...]

1 - ...
a) ...
b) ...
c) Transparency obligations on operators of public communications networks providing electronic communications services available to the public to ensure end-to-end connectivity, in conformity with the objectives and principles set out in article 5, disclosure regarding any conditions limiting access to and/or use of services and applications where such conditions are allowed in conformity with the law, and, where necessary and proportionate, access by the NRA to such information needed to verify the accuracy of such disclosure;
d) Maintenance of the integrity of public networks, namely including by conditions to prevent electromagnetic interference between electronic communications networks and/or services, in accordance with Decree-Law number 325/2007, of 28 September, as amended by Decree-Law number 20/2009, of 19 January;
e) Terms of use for communications from public authorities to the general public for warning the public of imminent threats and for mitigating the consequences of major catastrophes, as well as terms of use during major disasters or national emergencies to ensure communications between emergency services and authorities;
f) [Former point e).]
g) [Former point f).]
h) [Former point g).]
i) Terms of use for frequencies, pursuant to Decree-Law number 151-A/2000 of 20 July, as amended by Decree-Laws number 167/2006, of 16 August, and 264/2009, of 28 September, where that use is not subject to the allocation of rights of use, as specified in the NFAP;
j) Accessibility by end users to numbers of the National Numbering Plan, numbers of the European Telephone Numbering Space, to Universal International Freephone Numbers, and, where technically and economically feasible, to numbers of numbering plans of other Member States, and respective conditions in conformity with this law;
l) Consumer protection rules specific to the electronic communications sector, including conditions in conformity with this law, and conditions on accessibility for users with disabilities in accordance with article 91;
m) [Former point l).]
n) [Former point m).]
o) [Former point n).]
p) [Former point o).]
q) Restrictions on the transmission of illegal content, in accordance with Decree-Law number 7/2004, of 7 January, as amended by Decree-Law number 62/2009, of 10 March, and the transmission of harmful content, in accordance with Law number 27/2007, of 30 July, as amended by Law number 8/2011, of 11 April;
r) [Former point q).]
s) [Former point r).]
t) [Former point s).]
2 - ...
3 - ...
4 - (Repealed.)

Article 28
[...]

...
a) ...
b) In respect of controls over retail markets, under the terms of article 85;
c) ...
d) (Repealed.)

Article 29
[...]

2 – The NRA shall promote the publication in its website of the reference to the publication in the Official Journal of the European Communities of the list of standards and specifications regarding the harmonised provision of electronic communications networks and services and associated facilities and services referred to in the final part of the preceding paragraph.

3 – ...
4 – In the absence of standards referred to in the preceding paragraph, the NRA shall encourage the implementation of international standards or recommendations adopted by the International Telecommunication Union (ITU), the European Conference of Postal and Telecommunications Administrations (CEPT), the International Organisation for Standardisation (ISO) and the International Electrotechnical Commission (IEC).

5 – Without prejudice to the standards and specifications referred to in the preceding paragraphs, technical specifications may be issued at national level.
6 - ...

Article 30
Allocation of rights of use for frequencies

2 - Rights of use for frequencies may be granted both to providers of electronic communication networks or services and to bodies that use such networks or services, under the applicable rules.

3 - Without prejudice to specific criteria and procedures for the granting of rights of use for frequencies to television and distribution operators and to radio operators, such rights of use shall in pursuit of general interest objectives, be allocated by means of procedures which are open, objective, transparent, proportional and non-discriminatory, in accordance with article 16-A.

4 - In cases where the granting of rights of use for frequencies to television and distribution operators and to radio operators is necessary to achieve a general interest objective as defined in conformity with the law, the NRA may establish an exception to the requirement of open procedures.

5 - The granting of rights of use for frequencies may arise from a full accessibility regime or may be subject to competitive or comparative selection procedures, namely auction or tender.

6 - The granting of rights of use for frequencies is subject to an application, under the following terms:
a) In a full accessibility situation, the application must be submitted to the NRA including such items as are necessary to prove the ability of the applicant to comply with the conditions associated with the right of use, established in article 32, under the terms to be defined by the NRA;
b) In a situation of competitive or comparative selection procedure, as provided for in the following article, the application shall meet the requirements set out in the regulations for allocation of the respective rights of use.

7 - It is incumbent on the member of the Government in charge of the communications area to approve regulations for allocation of rights of use for frequencies where such regulations involve competitive or comparative selection procedures, and where such allocation involves frequencies which are being made available for the first time within electronic communications, or otherwise where such frequencies are intended to be used for new services.

8 - It is incumbent on the NRA to approve regulations for allocation of rights of use for frequencies in those cases not covered by the preceding paragraph.

9 - The decision on the allocation of rights of use for frequencies shall be taken, notified and made public within the following periods:
a) In a full accessibility situation, within 30 days at the most, without prejudice to any applicable international agreements on the use of radio frequencies or to orbital positions;
b) In a situation of competitive or comparative selection procedure, for as long as is necessary to ensure that such procedures are fair, reasonable, open and transparent to all interested parties, up to a maximum period of eight months, without prejudice to any international agreements that apply to the use of frequencies and to the coordination of satellite networks.

10 - In the event that the use of frequencies has been harmonised at European Union level, and within this context, that access conditions and procedures have been agreed and that undertakings to which frequencies that are to be allocated have been selected, in accordance with international agreements and Community rules, the NRA shall grant the right of use for such frequencies in accordance with such rules, and provided that all national conditions for using such frequencies have been met, no further conditions, additional criteria or procedures which restrict, alter or delay the correct implementation of the allocation of such frequencies may be imposed in the scope of a common selection procedure.

Article 31
[...]

1 - ...
2 - ...
3 - ...
a) ...
b) Publish a duly substantiated decision to limit the number of rights of use to be granted, establishing at the same time the procedure for allocation, which may consist of a full accessibility regime or a competitive or comparative selection, namely an auction or competition;
c) ...

4 - Where the number of rights of use to be granted is limited, the procedures and selection criteria shall be objective, transparent, non-discriminatory and proportional, and shall take due account of the objectives set forth in article 5, as well as the regime laid down in article 16-A.

5 - The NRA shall review the limits imposed on the number of rights of use under the terms of article 16 and 16-A, regularly or at a reasonable request of interested parties, and where the authority concludes that new rights of use may be granted, it shall publish such decision and instigate the procedure for allocating such rights, in accordance with paragraph 3.

Article 32
[...]

1 - ...
a) Obligation to provide a service or to use a type of technology, including, where appropriate, coverage and quality requirements;
b) Effective and efficient use of frequencies in conformity with article 15, including, where appropriate, namely in order to prevent spectrum hoarding, the setting out of deadlines for the effective exploitation of the rights of use by the respective holder;
c) Technical and operational conditions necessary to avoid harmful interference and for the limitation of exposure of the general public to electromagnetic fields, where such conditions are different from those referred to in point m) of paragraph 1 of article 27;
d) Maximum period, in conformity with the following article, subject to any amendments introduced to the NFAP;
e) Transfer of rights at the initiative of the respective holder, and conditions for such transfer in accordance with article 34;
f) ...
g) ...
h) ...
i) Specific obligations for the experimental use of frequencies.
2 - The conditions attached to the rights of use or frequencies shall comply with article 16-A and with the regime set out in paragraphs 2 and 3 of article 27.

Article 33
Duration and renewal of rights of use for frequencies

1 - The rights of use for frequencies shall be granted for a 15-year period of time, and in duly substantiated situations, according to the service concerned and taking due account of the objective pursued as well as of the need to allow for an appropriate period for investment amortisation, they may be granted by the NRA for a different period, for a minimum of 10 years and a maximum of 20 years.

2 - The rights of use are renewable, for the periods of time provided for in the preceding paragraph and taking into account the criteria established for their determination, upon a request submitted by the right holder to the NRA at the least one year ahead of the expiry date.

3 - In the situation referred to in the preceding paragraph, the NRA shall provide a response to the right holder within six months at the most, promoting for this purpose the general consultation procedure provided for in article 8, being entitled to:
a) Oppose the renewal of the right of use through a duly substantiated decision;
b) Grant the renewal under the same conditions specified in the initial allocation of the right of use, including the respective term;
c) Grant the renewal imposing different conditions than those specified in the right.

4 - The silence of the NRA, after the elapse of the period referred to in the preceding paragraph, should be interpreted as a tacit approval of the application.

5 - Rights of use for frequencies shall not be restricted or withdrawn before expiry of the period for which they were granted, except where justified and where applicable, in conformity with the conditions set out in the preceding article and without prejudice to the regime laid down in Decree-Law number 151-A/2000 of 20 July, as amended by Decree-Laws number 167/2006, of 16 August, and 264/2009, of 28 September.

Article 34
Transfer or lease of rights of use for frequencies

1 - Undertakings may transfer or lease their rights of use for frequencies to other undertakings in accordance with conditions attached to those rights of use and with procedures established in this article, where the transfer or lease of such rights has not been explicitly prohibited by the NRA and published in the NFAP.

2 - The prohibition referred to in the preceding paragraph may be established for the full term of the right or for a shorter period of time.

3 - The NRA shall not prevent the transfer or lease of rights of use in the bands for which this is provided in the implementing measures approved for the purpose by the European Commission, in accordance with Directive 2002/21/EC, of the European Parliament and of the Council of 7 March, as amended by Directive 2009/140/EC of the European Parliament and of the Council, of 25 November 2009.
4 - Holders of rights of use for frequencies shall notify the NRA of their intention to transfer or lease those rights, as well as the conditions to do so.

5 - In case rights of use for frequencies are transferred or leased according to the preceding paragraph, it is incumbent on the NRA to ensure that:
a) The intention to transfer or to lease rights to use frequencies, as well as the effective transfer or lease thereof is made public;
b) The transfer or lease does not distort competition, namely due to the accumulation of rights of use;
c) Frequencies are efficiently and effectively used;
d) The frequency use is complied with where it has been harmonised through the application of Decision No 676/2002/EC of the European Parliament and of the Council of 7 March (Radio Spectrum Decision) or other Community measures;
e) The restrictions set forth in the law in respect of radio and television broadcasting are safeguarded.

6 - In the case of transfer or lease of rights of use, it is incumbent on the NRA to address the contents of the communication provided for in paragraph 4 within 45 days at the most, being entitled, for duly justified reasons, to oppose the intended transfer or lease of rights of use, as well as to impose the necessary conditions for compliance with the provision in the preceding paragraph.

7 - In the situation referred to in the preceding paragraph, the NRA shall request the prior opinion of Autoridade da Concorrência, which shall be issued within a 10-day period of time from the date of the request, save where the complexity of the matter requires an extension.

8 - The silence of the NRA, after the elapse of the period referred to in paragraph 6, should be interpreted as non-opposition to the transfer or lease of rights of use, however the effective transfer or lease must still be notified.

9 - The transfer or lease of rights of use shall not suspend nor interrupt the period for which the respective rights were granted, without prejudice to their renewal under the preceding article.

10 - Conditions attached to rights to use frequencies shall continue to apply after the transfer or lease of the referred rights, unless otherwise specified by the NRA.

11 - The NRA may determine rules that apply to the transfer and lease of rights of use for frequencies, following the general consultation procedure provided for in article 8.

12 - Where a right of use for frequencies is not transferable or cannot be leased under this article, it is incumbent on the NRA to ensure that the reasons that required the allocation of the right of use, as well as the impossibility to transfer or lease it, remain for the full duration of the right.

13 - For the purposes of the preceding paragraph, where the reasons that required the allocation of the right of use, as well as the impossibility to transfer or lease it, no longer exist, the NRA, at a substantiated request from the holder of the right, shall adopt all necessary measures to revoke the right of use, the use of frequencies being subject to the general authorization regime, or to the amendment of the referred right of use, removing the impossibility to transfer or lease it.

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 rights of use for frequencies

1 - It is incumbent o the NRA to ensure that the flexibility in the use of frequencies, resulting in particular from removing restrictions to technological and service neutralities, as well as the accumulation of rights of use for frequencies, resulting from transfers or leases, does not lead to competition distortions.

2 - For the purposes of the preceding paragraph, the NRA may adopt appropriate measures, namely:
a) To impose conditions attached to the rights of use for frequencies, pursuant to article 32, including the setting out of deadlines for the effective exploitation of the rights of use by the respective holder;
b) To order a holder, in a specific case, to transfer or lease its rights of use for frequencies;
c) To limit the amount of spectrum to be allocated to the same holder in procedures for the allocation of rights of use for frequencies.

3 - The measures imposed pursuant to the preceding paragraph shall be applied in a proportionate, non-discriminatory and transparent manner.

4 - Without prejudice to other applicable penalties, failure to comply with measures provided for in this article may determine the partial or full withdrawal by the NRA of the respective rights of use for frequencies, being adopted for this purpose the procedure provided for in article 110.

Article 36
Allocation of rights of use for numbers

1 - The use of numbers depends on the allocation of rights of use.

2 - Rights of use for numbers may be allocated both to prov
iders of electronic communication networks or services and to bodies that use such networks or services, under the applicable rules.
3 - Rights of use for numbers shall be allocated by means of procedures which are open, objective, transparent, non-discriminatory and proportional.

4 - Without prejudice to the preceding paragraph, the NRA may decide, following the general consultation procedure under article 8, that rights for use of numbers of exceptional economic value are to be granted through competitive or comparative selection procedures, namely tender or auction, identifying them in accordance with point d) of paragraph 2 of article 17.

5 - The decision on the allocation of rights of use for numbers shall be taken, notified and made public within the following maximum periods:
a) 15 days, in the case of numbers allocated for specific purposes within the National Numbering Plan;
b) 30 days, where rights for use for numbers are subject to competitive or comparative selection procedures.

Article 37
Conditions attached to rights of use for numbers

1 - Without prejudice to other conditions resulting from general law and to those set out in paragraph 1 of article 27, rights of use for numbers shall only be subject to the following conditions:
a) Designation of service for which the number shall be used and any requirements linked to the provision of that service, including tariff principles and maximum prices that can apply in the specific number range for the purposes of ensuring consumer protection;
b) Effective and efficient use of numbers, in conformity with point b) of paragraph 2 of article 17;
c) Number portability requirements, in conformity with article 54;
d) Obligations related to directory services, for the purposes of article 50 and 89;
e) Transfer of rights at the initiative of the right holder and conditions for such transfer, in conformity with article 38;
f) Fees, in accordance with article 105;
g) Any commitments which the undertaking obtaining the right of use has made in the course of a competitive or comparative selection procedure;
h) Obligations under relevant international agreements relating to the use of numbers.

2 - To rights of use for numbers shall apply the regime set out in paragraphs 2 and 3 of article 27.

Article 39
[...]

1 - Under the present law, the following rights are conferred upon users:
a) ...
b) To obtain, in a timely manner and prior to the conclusion of any contract, written information on conditions governing access to and use of the service, pursuant to article 47;
c) ...

2 - Under the present law, the following rights are conferred upon end-users:
a) To obtain information on the quality of service, as provided for in article 40;
b) To obtain information on European telephone access codes, as provided for in article 44;
c) To have access to complaint handling procedures, in conformity with article 48-A;
d) To access directory information services, pursuant to paragraph 2 of article 50;
e) To access emergency services, pursuant to article 51;
f) To obtain, where technically and economically viable, the additional resources provided for in paragraph 1 of article 53;
g) To resort to out-of-court dispute settlement mechanisms.

3 - Under the present law, the following rights are conferred upon subscribers:
a) To be informed in writing no later than 10 days before of the suspension of the service provision, in case of failure to pay invoices, as provided for in paragraph 2 of article 52;
b) To access services contracted in a continuous manner, without undue interruptions or suspensions;
c) To obtain itemised bills, where requested;
d) To be provided with selective call-barring facilities as well as access to audiotext services, pursuant to article 45;
e) To receive in a timely manner all information on the database of subscribers who have failed to meet their payment obligations, according to article 46;
f) To be provided with information, pursuant to article 47-A;
g) To conclude contracts with the specification required in article 48;
h) To be listed in directories and directory enquiry services, as provided for in paragraph 1 of article 50;
i) To be provided with information on the suspension and extinction of the service, pursuant to article 52;
j) To be provided with number portability, pursuant to article 54.

4 - (Former paragraph 3).

5 - For the purposes of point c) of paragraph 3, and without prejudice to provisions on processing of personal data and the protection of privacy in the electronic communications sector, the NRA may define the minimum level of detail and information which undertakings must ensure for free to subscribers who request itemised bills.

6 - It is incumbent on the NRA to determine compliance on undertakings providing public communications networks or publicly available electronic communications services with conditions and requirements needed to ensure that disabled end-users obtain access to electronic communications services on equivalent terms as those offered to the majority of end-users, that they can also take advantage of the choice of undertakings and service providers available to the majority of users, as well as, where appropriate and to a proportional extent, that users in general are provided with additional services and facilities provided for in paragraphs c), d), f) and g) of paragraph 1 of article 94.

Article 40
[...]

1 - Undertakings that provide public communications networks or publicly available electronic communications services shall publish and provide end-users with comparable, clear, comprehensive and up-to-date information on the quality of all their services and on measures taken to ensure equivalence in access for disabled end-users.

2 - For the purposes of the preceding paragraph, the NRA, following the general consultation procedure referred to in article 8, may specify, inter alia, the quality of service parameters to be measured and the content, form and manner of the information to be published, including possible quality certification mechanisms, in order to ensure that end-users, including disabled end-users, have access to clear, comprehensive, reliable and comparable information.

3 - For the purposes of the preceding paragraph, and where appropriate, the NRA may follow the annex hereto.

4 - Where appropriate, in order to prevent the degradation of services and the hindering or slowing down of traffic over networks, the NRA shall be able to set minimum quality of service requirements on undertakings providing public communications networks.

5 - The setting of requirements provided for in the preceding paragraph shall be preceded by a notification to the Commission and to BEREC, with the proposed course of action as well as a summary of the respective grounds.

6 - When setting quality of service requirements, the NRA shall take the utmost account of the European Commission’s comments and recommendations, to ensure that the envisaged requirements do not adversely affect the functioning of the internal market.
7 - (Former paragraph 3.)

Article 41
[...]

1 - Undertakings that provide public communications networks or publicly available electronic communications services which enjoy special or exclusive rights for the provision of services in other sectors in the same or another Member State, shall be provided with a separate accounting system for activities related to the provision of electronic communications networks and services, which shall be subject to an independent audit to be carried out by a body appointed by the NRA or accepted by it; otherwise such undertakings shall create different legal entities for the corresponding activities.
2 - ...
3 - Undertakings that provide public communications networks or publicly available electronic communications services which, under the terms of specific legislation applicable to them, are not subject to an accounting control, shall draw up and submit the respective financial reports, on an annual basis, to an independent audit, and publish them.

Article 42
[...]

1 - Undertakings providing public communications networks shall operate their cable television network through legally independent bodies where:
a) ...
b) ...
c) ...
2 - ...
3 - ...

Article 43
[...]

Article 44
European telephone access codes

1 - Undertakings that provide electronic communications services and international calls shall use the “00” code as the standard international access code.

2 - It is incumbent on the NRA to ensure that all undertakings that provide publicly available telephone services allowing international calls handle all calls to and from the European Telephony Numbering Space (ETNS) at rates similar to those applied for calls to and from other Member States.

3 - Where technically and economically feasible, and without prejudice to the following paragraph, undertakings holding numbers of the National Numbering Plan on national territory shall:
a) Guarantee the access to all numbers provided in the European Union, regardless of the technology and devices used by the operator, including those in national numbering plans of Member States, those from the ETNS and Universal International Freephone Numbers (UIFN);
b) Guarantee the access and use of services by end-users through non-geographic numbers, within the European Union.

4 - (Former paragraph 2.)

5 - (Former paragraph 3.)

Article 45
Selective barring of communications

1 - Undertakings that provide public communications networks or publicly available electronic communications services which support the provision of audio-text services shall ensure, as a rule, that access to such services is barred at no charge, and that such services may only be activated, generally or selectively, following a written request on the part of the respective subscribers.

2 - The preceding paragraph does not apply to televoting audio-text services, access to which is granted automatically to the user.

3 - Undertakings that provide public communications networks or publicly available electronic communications services which support the provision of value-added message-based services, including SMS or MMS, shall ensure, as a rule, that access to such services is barred at no charge, and that such services may only be activated, generally or selectively, following a written request on the part of the respective subscribers.

4 - The NRA may set out the requirements to show the fulfilment of conditions for requesting the barring or unblocking of services provided for in the preceding paragraphs.

5 - Where appropriate, the NRA may impose on undertakings that provide public communications networks or publicly available electronic communications services that, at the request of the respective subscribers, they ensure the selective and free barring for outgoing or incoming communications of similar applications to those mentioned in paragraph 3 or for other defined types of numbers.

6 - Where required by the competent authorities, undertakings providing public communications networks or publicly available electronic communications services shall block, on a case-by-case basis, access to numbers or services and withhold relevant interconnection revenues, where this is justified by reasons of fraud or misuse.

Article 46
[...]

1 - ...
2 - ...
3 - ...
a) ...
b) ...
c) Obligation to include in contracts or to expressly warn subscribers who have already concluded a contract that their data may be entered in the database in the event of non-compliance with contractual obligations, making clear the debt amount as from which subscriber data are entered in the database, and mechanisms that can be used to prevent that entry;
d) Guarantee that prior to the entry of subscriber data in the database, subscribers are notified to remedy the failure to comply with the contract, settle their debts or prove that such debts do not exist or cannot be required;
e) Obligation to inform subscribers, within 5 days, that their data have been included in the database;
f) [Former point d).]
g) [Former point e).]
h) Immediate removal of all elements concerning the subscriber after debts are settled or where their value is lower than that provided for in point a) of paragraph 4;
i) Non-inclusion of data concerning subscribers who have shown evidence that debts do not exist or cannot be required, or while arguments presented to challenge the existence of the debt are assessed by the operator or service provider, or during the performance of the agreement for payment, as well as of data on subscribers who have invoked the exception of contract infringement or have claimed or contested the presented billing;
j) [Former point g).]

4 - ...
a) The minimum overdue amount which shall cause the subscriber to be included in the database, which amount shall not be less than the 20% of the minimum monthly wage;
b) ...
c) ...
d) ...
e) ...

5 - ...
6 - The regime provided for in the preceding paragraph shall not apply to universal service providers, which may not refuse to enter into a contract within the universal service scope, without prejudice to their right to require the provision of guarantees.

Article 47
[...]

1 - Undertakings providing public electronic communications networks or publicly available electronic communications services must make available to the public adequate, transparent, comparable and up-to-date information on standard terms and conditions in respect of access to, and use of, services provided to end-users and consumers, setting out in detail the applicable prices and any other charges, as well as, where appropriate, those due on termination of a contract.

2 - For the purposes of the preceding paragraph, such undertakings shall publish and ensure that the following information is made available and is easily accessible on their websites and on their services’ points of sale, as defined by the NRA:
a) Identification of the provider, indicating the name, contact details and head office address of the undertaking providing public communications networks or publicly available services;
b) Information on publicly available electronic communications services being provided, including, inter alia, the following elements:
i. Description of the services offered, as well as of the several features and functionalities included, indicating the geographical area where they are provided;
ii. Levels of quality of service provided;
c) Standard tariffs indicating the services provided and the content of each tariff element, specifically including charges for access, usage and maintenance, details of standard discounts applied and special and targeted tariff schemes, any additional charges, as well as costs with respect to terminal equipment and charges due on termination of a contract;
d) ...
e) ...
f) Standard contract conditions, including any minimum contractual period, conditions for termination of the contract and procedures and charges related to the portability of numbers and other identifiers, if relevant, as well as formalities and documents to be submitted with the portability application to terminate the contract;
g) Dispute settlement mechanisms, including those developed by the undertaking providing the network or service.

3 - Undertakings obliged to publish and make available the information referred to in the preceding paragraphs shall notify such information to the NRA.

4 - Information published by undertakings pursuant to the preceding paragraphs may be used free of charge for the purposes of selling or making available interactive guides or similar techniques for informing and comparing provision conditions enabling consumers and other end-users to make an independent evaluation of the cost of alternative usage patterns.

5 - The NRA shall promote or ensure the provision to the public of mechanisms referred to in the preceding paragraph, namely where such facilities are not available on the market free of charge or at a reasonable price.

Article 48
[...]

1 - Without prejudice to rules on consumer protection, the provision of public communications network or publicly available electronic communications services shall be subject to a contract that shall compulsorily specify, in a clear, comprehensive and easily accessible form, the following elements:
a) ...
b) Services provided, the minimum service quality levels offered, namely the time for the initial connection, as well as other quality of service parameters, as defined pursuant to article 40;
c) Restrictions imposed on the use of terminal equipment supplied, any conditions limiting access to and/or use of services, and procedures put in place to shape traffic so as to avoid filling or overfilling the contracted capacity, indicating in this case how those procedures could impact the service quality;
d) Information as to whether or not access to emergency services is provided, caller location information, and information of any limitations on the provision of emergency services under article 51;
e) The types of maintenance service offered and customer support services provided, as well as the means of contacting these services;
f) Details of prices, the means by which up-to-date information on all applicable tariffs and maintenance charges may be obtained, payment methods offered and any charges or penalties due to payment method;
g) [Former point e)];
h) [Former point f)];
i) The means of initiating procedures for the settlement of disputes in accordance with article 48;
j) [Former point h)];
l) [Former point i)];
m) Indication of the possibility of entering subscriber’s data on the database provided for in article 46;
n) The type of action that might be taken by the provider in reaction to network security or integrity incidents or threats and vulnerabilities;
o) Means of subscriber protection against risks to personal security, privacy and personal data.

2 - Information on the duration of contracts shall indicate whether there is any minimum contractual period, namely associated to the provision of promotional terms, any charges with terminal equipment or related to portability of numbers and other identifiers, as well as any charges due on early termination of the contract on the subscriber’s initiative, including any cost recovery with respect to terminal equipment.

3 - Contracts concluded between consumers and undertakings providing electronic communications services shall not mandate an initial commitment period that exceeds 24 months.

4 - Undertakings providing publicly available electronic communications services shall offer all users the possibility to subscribe to a contract with a maximum duration of 12 months.

5 - Without prejudice to any minimum contractual period, pursuant to the preceding paragraph, undertakings shall not impose disproportionate conditions or procedures for contract termination that are excessively burdensome and that act as a disincentive against changing service provider.

6 - Where the undertaking decides to amend any of the contractual conditions referred to in paragraph 1, it shall give subscribers a written prior notice of not less than one month, in appropriate form, and at the same time inform subscribers of their right to withdraw, without penalty, from such contracts, in the event that they do not accept the new conditions, within the time limit set out in the contract.

7 - The provision in the preceding paragraph shall not apply to contractual amendments where an objective advantage for the subscriber can be identified, nor does it exclude compensatory measures laid down in case of early termination by subscribers of contracts including minimum contractual periods.

8 - Undertakings that provide public communications networks or publicly available electronic communications services shall deposit with the NRA and the Direcção-Geral do Consumidor (DGC - the Consumer Directorate-General) a copy of contracts which involve, at least in part, the subscription of standard terms and conditions used for the provision of networks and services.

9 - The deposit referred to in the preceding paragraph shall take place no more than two days preceding the date on which the subscription contract begins to be used, and where it is aimed to replace a prior contract, it must indicate the model which the deposited contract is intended to replace.

10 - The NRA may determine that undertakings that provide public communications networks or publicly available electronic communications services cease or adapt immediately the use of standard contracts where it verifies the failure to comply with legal rules it must enforce or with any determination issued under its competencies, using for this purpose the procedure laid down in article 110.

Article 49
Availability of services

1 - Undertakings that provide publicly available telephone services over public communications networks shall ensure the fullest possible availability of services in the event of network breakdown, emergency situations or in cases of force majeure.

2 - Undertakings providing publicly available telephone services shall take all necessary measures to ensure uninterrupted access to emergency services.

3 - (Repealed.)

Article 50
Telephone directory enquiry services

1 - Subscribers to publicly available telephone services have the right to have an entry in the publicly available directory referred to in point a) of paragraph 1 of article 89, and to have their personal data made available to providers of publicly available directory enquiry services and directories.

2 - End-users of publicly available telephone services have the right to access directory enquiry services provided to the general public, being incumbent on the NRA, where appropriate to ensure that right, to impose measures, namely obligations, under article 77.

3 - Regulatory restrictions which prevent end-users in one Member State from accessing directly the directory enquiry service in another Member State by voice call or SMS shall not be imposed.

4 - ...

5 - This article shall apply subject to the requirements of legislation on the protection of personal data and privacy, in particular in the scope of electronic communications.

Article 51
Emergency services and the single European emergency call number

1 - It is a right of end-users of electronic communications services capable of originating national calls to numbers included in the National Numbering Plan, including users of public pay-phones, to call the emergency services free of charge and without having to use any means of payment, by using the single European emergency call number “112” and any national emergency call number specified by the NRA, duly identified as such in the referred Plan.

2 - Undertakings providing end-users with an electronic communications service capable of originating national calls to a number or numbers included in the National Numbering Plan shall ensure the right to access referred to in the preceding paragraph, making caller location information available free of charge to the authority handling emergency calls as soon as the call reaches that authority, as regards all calls to the single European emergency call number.

3 - It is incumbent on the NRA to lay down in a regulation the accuracy and reliability criteria for caller location information to be provided to the authority handling emergency calls.

4 - The body responsible for answering and handling emergency calls shall adopt the necessary measures to ensure the appropriate disclosure, in Portugal, of the existence and use of the single European emergency call number, in particular through initiatives specifically targeting foreign citizens travelling in the national territory, as well as to ensure the expeditious and effective answering and handling of calls to the European emergency call number “112” or to national emergency numbers, where these continue to be in use.

5 - Undertakings provided for in paragraph 2 shall ensure that access for disabled end-users to emergency services is equivalent to that enjoyed by other end-users, following to the greatest extent possible European standards or specifications published in accordance with article 29, without prejudice to the adoption of additional and more demanding requirements in order to ensure access to the referred services.

Article 52
[...]

Article 53
[...]

Article 54
[...]

1 - Without prejudice to other forms of portability that may be determined, all subscribers with numbers included in the National numbering Plan who so request are entitled to retain their number or numbers, in respect of the same service, irrespective of the undertaking providing the service, in the case of geographic numbers, at a specific location, and in the case of the remaining numbers, throughout national territory.

2 - Undertakings responsible for the portability process must ensure that the transfer of a subscriber from one undertaking to another, and the portability activation, is carried out within the shortest possible time, respecting the express wishes of the subscriber.

3 - Where the subscriber has concluded an agreement to port a number, the effective porting of the number to the new undertaking shall occur within one working day at the most, and the loss of service shall not exceed that period of time.

4 - Wholesale pricing related to the provision of number portability shall be cost-oriented, and any direct charges to subscribers shall not act as a disincentive for subscribers against changing service provider.

5 - (Former paragraph 3).

6 - (Former paragraph 4).

7 - It is incumbent on the NRA, following the general consultation procedure provided for in article 8, to determine the necessary rules for the implementation of portability, including the definition of the global process of the porting of numbers, taking into account national provisions on contracts, the technical feasibility and the need to maintain continuity of service to the subscriber, as well as subscriber protection mechanisms, namely setting compensations to be paid by undertakings in case of delay in porting or abuse of porting.

Article 56
[...]

...
a) Identifying the relevant markets of products and services, having regard to the recommendation of the European Community issued pursuant to Directive 2002/21/EC of the European Parliament and of the Council of 7 March, as amended by Directive 2009/140/EC of the European Parliament and of the Council, of 25 November, hereinafter referred to as the European Commission Recommendation, as well as other relevant markets not mentioned therein;
b) ...
c) ...
d) ...

Article 57
[...]

1 - Where the decisions to be adopted pursuant to the preceding article are likely to affect trade between Member States, the NRA, after carrying out the general consultation procedure provided for in article 8, shall observe the following procedure, intended to consolidate the internal market:
a) The Authority shall make the substantiated draft measure accessible to the European Commission, BEREC, and the national regulatory authorities in other Member States, in an appropriate form, indicating the information deemed to be confidential;
b) The Authority shall notify the European Commission, BEREC and other national regulatory authorities in other Member States that the draft measure has been made accessible and the means provided for access thereto.

2 - The European Commission, BEREC and national regulatory authorities in other Member States may make comments on the draft measure within a one-month period, which may not be extended.

3 - The NRA, after analysing the responses received, which shall be taken into account, or their absence, may adopt the final decision, communicating it to the European Commission and to BEREC.

4 - The preceding paragraph shall not apply to draft decisions by the NRA on the following issues, where any of the conditions referred to in paragraph 5 occurs:
a) Defining a relevant market which differs from those defined in the European Commission Recommendation;
b) Deciding whether or not to designate an undertaking as having, either individually or jointly with others, significant market power.

5 - Where a draft decision covered by the preceding paragraph affects trade between Member States, and where the European Commission, in the scope of the procedure provided for in paragraph 2, has indicated to the NRA that it considers that the draft measure would create a barrier to the single market or that it has serious doubts as to its compatibility with Community law, and in particular with regulatory objectives referred to in article 5, the NRA shall postpone the approval of the draft measure for a further two-month period, which may not be extended.

6 - Where, within the two-month period referred to in the preceding paragraph, the European Commission, further to an opinion provided by BEREC and under the terms of the procedure provided for in Directive no 2002/21/EC of the European Parliament and of the Council, of 7 March, as amended by Directive 2009/140/EC of the European Parliament and of the Council, of 25 November, takes a substantiated decision requiring the NRA to withdraw the draft measure, indicating specific proposals for amending it, the NRA, within six months of the notification of the Commission’s decision, shall:
a) Withdraw the draft measure, notifying the European Commission and BEREC of this decision;
b) Amend the draft measure, undertaking new general and specific consultation procedures, provided for respectively in article 8 and in the present article.

7 - Where, within the two-month period referred to in the preceding paragraph, the European Commission takes a decision to lift its reservations in relation to the draft measure, the NRA may adopt the final decision, communicating it to the European Commission and to BEREC.

8 - The procedure established in this article shall not be applied in the cases provided for in the Commission’s recommendations or guidelines, approved under the procedure provided for in Directive no 2002/21/EC of the European Parliament and of the Council, of 7 March, as amended by Directive 2009/140/EC of the European Parliament and of the Council, of 25 November.

Article 58
[...]

1 - ...
2 - ...
3 - ...
4 - (Repealed.)

Article 59
[...]

1 - ...
2 - ...
3 - ...
4 - Where the NRA determines that a relevant market is not effectively competitive, it shall identify undertakings which individually or jointly have a significant market power on that market, imposing thereon the appropriate specific regulatory obligations or maintain or amend such obligations where they already exist.
5 - In the case the European Commission, through a decision taken pursuant to Directive no 2002/21/EC of the European Parliament and of the Council, of 7 March, as amended by Directive 2009/140/EC of the European Parliament and of the Council, of 25 November, identifies transnational markets, the NRA shall conduct, jointly with the national regulatory authorities concerned, a market analysis taking the utmost account of the guidelines and, in a concerted fashion, shall decide on any imposition, maintenance, amendment or withdrawal of regulatory obligations referred to in this title.
6 - (Repealed.)

Article 60
[...]

1 - ...
2 - ...
3 - The NRA may consider that two or more undertakings are in a joint dominant position, even in the absence of structural or other links between them, where they operate in a market which is characterised by a lack of effective competition and in which no single undertaking has significant market power.
4 - Without prejudice to case-law of the Court of Justice of the European Communities on joint dominance, the NRA, in making its assessment, shall use criteria based on specific characteristics of the relevant market, in particular in terms of giving weight, in particular, to the following factors:
a) (Repealed.)
b) (Repealed.)
c) ...
d) (Repealed.)
e) (Repealed.)
f) ...
g) (Repealed.)
h) Vertical integration with collective refusal to supply;
i) High legal or economic barriers to entry;
j) ...
l) ...
m) (Repealed.)
n) (Repealed.)
o) (Repealed.)
5 - Where an undertaking has significant market power in a specific market, it may also be deemed to have significant market power in an adjacent market, where the links between the two markets are such as to allow the market power held in the former market to be leveraged into the latter, thereby strengthening the market power of the undertaking.
6 - In the cases provided for in the preceding paragraph, the NRA may impose obligations on the adjacent market so as to prevent the leverage effect, in conformity with articles 67, 68, 69, 70, 71, 74, 75 and 76, and where the latter prove not to be sufficient, in conformity with article 85.

Article 63
[...]

Article 64
[...]

1 - ...
2 - Operators shall have a right and, when requested by others in the exercise of the right provided for in point a) of article 22, an obligation, to negotiate interconnection with each other for the purpose of providing publicly available electronic communications services, in order to ensure provision and interoperability of services.
3 - ...
4 - ...

Article 66
[...]

1 - ...
a) ...
b) ...
c) ...
d) ...
e) ...
f) Obligation for functional separation, pursuant to article 76-A.
2 - ...
3 - ...
4 - In exceptional circumstances and where appropriate, the NRA may impose obligations other than those set out in points a) to e) of paragraph 1 on operators declared to have significant market power, subject to the prior authorisation of the European Commission, pursuant to Directive 2002/19/EC of the European Parliament and of the Council of 7 March, as amended by Directive 2009/140/EC of the European Parliament and of the Council, of 25 November, for which a draft measure shall be previously submitted to the European Commission.

Article 67
[...]

1 - The obligation for transparency consists of the requirement to publish in the appropriate form specified information in relation to operator access and interconnection, such as accounting information, technical specifications, network characteristics, terms and conditions for supply and use, including prices and any conditions limiting access to or use of services and applications where such conditions are allowed by applicable law or regulations.
2 - ...

Article 69
Minimum elements to be included in reference offers

Article 72
[...]

1 - ...
2 - ...
a) To give third parties access to specified network elements and/or facilities, including access to network elements which are not active and/or unbundled access to the local loop;
b) ...
c) ...
d) ...
e) To provide specific services needed to ensure interoperability of end-to-end services to users, including facilities for intelligent network services or roaming on mobile networks;
f) ...
g) To provide specific services on a wholesale basis for resale by third parties;
h) ...
i) To provide access to associated services such as identity, location and presence service;
j) To allow carrier selection and pre-selection and/or subscriber line resale offer;
l) [Former point i)]
3 - ...
4 - When considering obligations referred in the preceding paragraphs, and in particular when assessing how such obligations would be imposed proportionate to the regulatory objectives set out in article 5, the NRA shall take account in particular of the following factors:
a) The technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and/or access involved, including the viability of other upstream access products, such as access to infrastructures, namely to ducts;
b) ...
c) The initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment;
d) The need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-based competition;
e) ...
f) ...

Article 73
[...]

1 - Where necessary to ensure normal operation of the network, when imposing obligations provided for in the preceding article, the NRA may lay down technical or operational conditions to be met by the access provider and/or beneficiary.
2 - Where conditions imposed pursuant to the preceding paragraph refer to specific technical standards or specifications, they shall be in compliance with standard rules laid down in accordance with article 29.

Article 74
[...]

Article 75
[...]

1 - Operators subject to the obligation of cost orientation of prices shall demonstrate that charges are based on costs, including a reasonable rate of return on investments made.
2 - ...
3 - ...

Article 76
[...]

1 - ...
2 - It is incumbent on the NRA to make public the description of the cost accounting systems referred to in the preceding paragraph, showing at least the main categories under which costs are grouped and the rules used for the respective allocation.

Article 77
[...]

1 - It is incumbent on the NRA to impose access and interconnection obligations on any undertaking, regardless of whether it holds significant market power or not, as follows:
a) On undertakings that control access to end-users, to the extent required to ensure end-to-end connectivity, including in justified cases the obligation to interconnect their networks;
b) On undertakings that control access to end-users, in justified cases and to the extent required to ensure the interoperability of their services;
c) To provide access to APIs (application program interfaces) and EPGs (electronic programme guides), on fair, reasonable and non-discriminatory terms, to the extent required to ensure that digital radio and television programme services as specified by the competent authorities under the law are accessible to end-users.
2- (Repealed.)
3 - Obligations imposed in accordance with paragraph 1 shall be objective, transparent, proportionate and non-discriminatory, and shall be applied in conformity with articles 8, 57 and 57-A.

Article 78
[...]

1 - All operators of conditional access services which, irrespective of the means of transmission, provide access services to digital radio and television programme services, whereby television and radio operators depend on such services in order to reach any group of potential viewers or listeners, shall:
a) Offer technical services to all television and radio operators, on a fair, reasonable and non-discriminatory basis compatible with Community competition law, enabling the digital radio and television programme services to be received by viewers or listeners duly authorised by means of decoders managed by operators of conditional access services, as well as comply with Community competition law;
b) ...
2 – Having regard to point a) of the preceding paragraph, the conditions of provision, including prices, disclosed by distribution operators shall specify whether or not material related to conditional access is supplied.
3 – ...
4 – For the purposes of the preceding paragraph, it is incumbent on the NRA to publish on its website the references to the applicable technical specifications.

Article 81
[...]

1 - ...
2 - ...
a) Accessibility for end-users to radio and television broadcasts and to services specified in article 43; and
b) ...
3 - ...
4 - ...

Article 85
Controls on retail services

1 - ...
a) ...
b) It concludes that the imposition of obligations laid down in articles 67 to 76 would not result in the achievement of the regulatory objectives set out in article 5.
2 - ...
3 - ...
4 - ...
5 - ...
6 - ...
7 - (Repealed.)

Article 86
[...]

1 - The universal service consists of a minimum set of services, as defined in the present chapter, of specified quality which is available to all end-users regardless of their geographical location and at an affordable price.
2 - ...
3 - ...

Article 87
[...]

...
a) Connection to a public communications network at a fixed location and provision of a publicly available telephone service over that connection;
b) ...
c) ...

Article 88
Connection to the network and provision of a telephone service at a fixed location

1 - Universal service providers shall meet all reasonable requests for connection at a fixed location to a public communications network, as well as for provision of a publicly available telephone service over that connection.

2 - The connection to a public communications network referred to in the preceding paragraph shall allow end-users to originate and receive calls supporting voice, facsimile and data communications at data rates that are sufficient to permit functional Internet access, taking into account prevailing technologies used by the majority of subscribers and technological feasibility.

3 - The telephone service mentioned in paragraph 1 shall allow subscribers and users to originate and receive national and international calls, and to access, through the national emergency number defined in the National Numbering Plan, the various emergency services.

4 - It is incumbent on the member of the Government responsible for the communications area to approve, taking into account the specific circumstances of the national market, further to an opinion provided by the NRA, the required minimum data rates which the network access provided in the scope of the universal service must support to permit functional Internet access as provided for in paragraph 2.

Article 90
[...]

1 - The NRA shall define, following consultation under the terms of article 8, the obligations that fall on universal service providers in respect of the provision of public pay-phones or of other public voice telephony access points, in order to ensure that the reasonable needs of populations, including of users with disabilities, are met.

2 - ...

3 - Without prejudice to the preceding paragraphs, public pay-phones provided by universal service providers shall allow:
a) The making of local and national telephone calls, involving geographic and non-geographic numbers, in conformity with the National Numbering Plan, and of international telephone calls;
b) [Former point a).]
c) [Former point b).]

4 - Pre-paid phone cards for access to publicly available telephone services by means of public pay-phones operated by universal service providers shall be of one type only, so that the use thereof is viable on any public pay-phone made available in the scope of the universal service.

5 - ...

Article 91
[...]

1 - ...
2 - Without prejudice to determinations made by the NRA pursuant to the following paragraph, the universal service providers shall ensure free of charge the following specific provisions, without prejudice to paragraph 3 of article 86:
a) Handset amplifier, to increase the earpiece volume, for hearing impaired people;
b) Call indicator light, which consists of a device that activates a visual signal when the terminal equipment receives a call;
c) Simple braille bills;
d) Fixed destination line, enabling the customer to make calls automatically to a specific destination he has defined;
e) Possibility of making a pre-defined number of free calls to directory enquiry services.

3 - It is incumbent upon the NRA, following the general consultation procedure laid down in article 8, to assess the need for universal service providers to provide specific offers to disabled users, as well as to define the terms and conditions by which such provisions are to be made available.

4 - For the purposes of the preceding paragraph, the NRA shall not impose on universal service providers the provision of specific offers to disabled users where, as a result of obligations imposed on undertakings that provide publicly available electronic communications services, objectives provided for in paragraph 1 are met.

5 - (Former paragraph 4).

6 - When adopting the measures provided for in the preceding paragraphs, the NRA shall comply with article 29.

Article 92
[...]

1 - ...
2 - ...
3 - ...
4 - The NRA may further specify the content, form and manner in respect of which the information referred to in the preceding paragraphs are provided, in order to ensure that consumers and other end-users have access to clear, comprehensive and comparable information.
5 - ...
6 - ...

Article 93
[...]

1 - The NRA is charged with ensuring that prices of universal service provisions are affordable, having regard in particular to national consumer prices and national income.

2 - The NRA shall monitor the evolution of prices charged for the various provisions identified in article 87, provided by bodies designated for the provision of the universal service or by undertakings in general, where such designation has not taken place.

3 - For the purposes of paragraph 1, the NRA shall assess and decide on the most suitable means to guarantee affordable prices, whereby it may determine:
a) The availability of tariff options or packages different from those provided under common commercial conditions, in particular to ensure that consumers with low income or special social needs are not prevented from accessing an electronic communications network at a fixed location or from using any of the services included in the universal service;
b) The imposition of price caps and the application of common tariffs, including geographical averaging of prices, throughout the territory;
c) Other similar schemes.

4 - (Former paragraph 3.)
5 - (Former paragraph 4.)
6 - (Former paragraph 5.)

Article 94
[...]

1 - In order to allow subscribers to verify and control the charges incurred in using the public communications network and related publicly available telephone services, the universal service providers shall make available the following minimum set of facilities and mechanisms:
a) ...
b) Selective and free of charge barring of outgoing calls of or to defined types of numbers or of premium SMS or MMS or other services or applications of value-added message-based services, upon the request of the subscriber, without prejudice to the provision of article 45;
c) Pre-paid systems for access to the public communications network and use of publicly available telephone services;
d) Phased payment of charges for the connection to the public communications network;
e) ...
f) Tariff advice service, allowing subscribers to obtain information of any lower or favourable tariff alternatives;
g) Control of charges with telephone services, including free of charge alerts to consumers in case of abnormal consumption patterns, that reflect a significant increase of usual average consumption values.

2 - ...
a) Initial price of the connection to the public communication network at a fixed location and for the provision of the telephone service over that network, where appropriate;
b) ...
c) ...
d) ...
e) ...
f) ...
g) ...

3 - Universal service providers may provide, at the request of the subscriber, itemised bills with higher levels of detail than those laid down in the preceding paragraph, at no charge or at reasonable tariffs, and in any case shall not include in bill details calls that are free of charge to the calling subscriber, namely calls to helplines.

4 - For the purposes of point b) of article 1, the NRA, having heard the universal service providers, shall define the types of calls or communications which may be barred.

5 - ...

6 - Where universal service providers offer additional facilities and services to those referred to in article 87 or in point a) of paragraph 3 of article 93, they shall establish terms and conditions whereby subscribers are not forced to pay for facilities or services which are not necessary for the service requested.

Article 96
[...]

1 - ...
2 - ...
3 - For the purpose of point b) of the preceding paragraph, this category is deemed to include end-users or groups of end-users which would not be served by a commercial operator which did not have an obligation to provide universal service.
4 - ...
5 - ...

Article 97
[...]

1 - ...
a) ...
b) Sharing the net cost with other undertakings providing public communications networks and publicly available electronic communications services on national territory.
2 - Where the mechanism provided for in point b) of the preceding paragraph is applied, a compensation fund shall be established, to which shall contribute undertakings that provide public communications networks or publicly available electronic communications services, this fund being managed by the NRA or by an independent body appointed by the Government, in this case subject to the supervision of the NRA.
3 - ...
4 - ...
5 - ...
6 - ...

Article 99
[...]

1 - ...
2 - ...
3 - ...
4 - ...
5 - ...
6 - The disposal by universal service providers of a substantial part or all of their local access network assets must be notified to the NRA 90 days in advance of the date on which the disposal is to be made effective.

7 - Together with the notification provided for in the preceding paragraph, universal service providers must provide the NRA with the identification of the beneficiary or beneficiaries of the disposal, the terms and conditions of the disposal, indication of how compliance with universal service obligations is to be ensured, as well as any additional information requested by the NRA pursuant to article 108 for assessment of the notified operation.

8 - The NRA is charged with assessing the effects of the disposal referred to in the preceding paragraphs on the provision of access to the network and services provided for in article 88, being entitled, where appropriate and without prejudice to Government powers, to impose, amend or withdraw obligations.

Article 101
[...]

Undertakings which establish public communications networks for the distribution of digital television services shall ensure that such networks have capacity to distribute wide-screen television programme services, being incumbent on network operators that receive and redistribute these services and programmes to maintain the same format.

Article 102
[...]

1 - ...
a) ...
b) ...
c) Providers of digital television services and equipment shall cooperate in the provision of interoperable television services for disabled end-users.
2 - ...
3 - ...

Article 103
[...]

1 - ...
2 - ...
3 - ...
4 - ...
5 - It is incumbent on the NRA to publish on its website the references to standards referred to in paragraphs 2 to 4.

Article 104
[...]

1 - ...
2 - ...
a) ...
b) ...
c) ‘Protected service’ shall mean any television or radio programme service or information society service, where provided against remuneration and on the basis of conditional access, or where the provision of conditional access to the referred services is considered as a service in its own right.
3 - ...
4 - ...
5 - ...

Article 105
[...]

1 - ...
2 - The amounts of fees referred to in points a) to e) of the preceding paragraph shall be established by administrative rule of the member of the Government responsible for the communications area and shall constitute revenue for the NRA.
3 - The use of frequencies, whether covered by a right of use or not, is subject to fees set out in Decree-Law number 151-A/2000 of 20 July, as amended by Decree-Laws number 167/2006, of 16 August, and 264/2009, of 28 September.
4 - ...
5 - ...
6 - ...

Article 108
[...]

1 - Bodies subject to obligations under the present law shall provide to the NRA all the information related to their activity, including financial information and information concerning future network or service developments that could have an impact on the wholesale services that they make available to competitors, so that the NRA is able to exercise all powers provided for in the law.

2 - In addition to the provision in paragraph 1, bodies with significant market power on wholesale markets shall also submit to the NRA accounting data on the retail markets that are associated with those wholesale markets.

3 - For the purposes of the preceding paragraphs, bodies shall identify, in a substantiated manner, any information deemed to be confidential, attaching, where appropriate, a non-confidential copy of documents comprising such information.

4 - (Former paragraph 3.)
5 - (Former paragraph 4.)

6 - Where the NRA provides the European Commission, BEREC or ENISA, at their request, with information obtained pursuant to the preceding paragraphs, the Authority shall inform the undertakings concerned thereof, being entitled to make an explicit and substantiated request to those bodies not to make the information provided available to other regulatory authorities.

7 – The information provided to the NRA pursuant to this article may be made available to BEREC and to regulatory authorities of other Member States, further to a substantiated request, where appropriate, so that such bodies may exercise the respective responsibilities under Community law.

8 – Without prejudice to the final part of paragraph 6, the European Commission, BEREC, ENISA and national regulatory authorities of other Member States shall ensure that information provided by the NRA remains confidential where it has been identified as such under applicable legislation.

Article 109
[...]

1 - ...
a) ...
b) ...
c) To monitor compliance, on a case-by-case basis, with the conditions established in articles 27, 32 and 37, whether following a complaint or upon its own initiative;
d) ...
e) ...
f) ...
g) To safeguard an effective use and to ensure an efficient management of frequencies;
h) To assess future network or service developments that could have an impact on wholesale services made available to competitors;
i) To assess the security and integrity of networks and services in the scope of safety policies adopted.

2 - The information referred to in points b) to i) of the preceding paragraph shall not be requested beforehand or as a condition for pursuing the activity.

Article 110
[...]

1 - Without prejudice to other applicable penalty mechanisms, where the NRA finds that an undertaking does not comply with one or more of the conditions established in articles 27, 28, 32 and 37, it shall notify the undertaking of such findings and give the undertaking an opportunity to state its views within a period of no less than 10 days.

2 - After holding a hearing according to the preceding paragraph, the NRA shall have the power to require the undertaking to cease the breach either immediately or within a reasonable time limit, set by the NRA for the purpose.

3 - For the purposes of the preceding paragraph, the NRA may impose:
a) Financial penalties as provided for in this statutory instrument;
b) Orders to cease or delay provision of a service or bundle of services which, if continued, would result in significant harm to competition, pending compliance with access obligations imposed in accordance with article 66.

4 - The measures imposed and the reasons on which they are based shall be communicated to the undertaking concerned, within two days from being approved.

5 - In cases of serious or repeated breaches of the conditions established in articles 27, 28, 32 and 37, where imposed under paragraphs 3 and 4 have failed, the NRA may determine immediately the suspension of activity of the undertaking or suspend, to a maximum of two years, or withdraw either fully or partially, the respective rights of use.

Article 111
[...]

1 - Where the NRA has evidence of any breach of the conditions referred to in articles 27, 28, 32 and 37 that represents an immediate and serious threat to public safety or public health or will create serious economic or operational problems for other providers or users of electronic communications networks or services or other users of the radio spectrum or of numbering resources, it may take urgent interim measures to remedy the situation in advance of reaching a final decision, setting the period during which the measures shall be in force, which shall not exceed three months.

2 - ...

3- After holding a hearing according to the preceding paragraph, the NRA may confirm the interim measures, which may, in circumstances where a final decision has not been taken, be extended for a further period of up to three months.

4 - (Former paragraph 3.)

Article 112
[...]

It is incumbent on the NRA to enforce the provisions of this law and respective regulations, through its monitoring agents or representatives duly qualified by the Management Board, without prejudice to powers granted to other bodies, including the Autoridade de Segurança Alimentar e Económica (ASAE - the Authority for Economic and Food Safety), the Direcção-Geral das Alfândegas (DGA - the Customs Directorate General), to CNPD, DGC and competent authorities in competition matters.

Article 113
[...]

1 - Without prejudice to other applicable penalties, minor breaches shall be deemed to be:
a) Failure to comply with the obligation to notify agreements, provided for in paragraph 1 of article 25;
b) Failure to comply with compulsory standards and specifications, in violation of paragraphs 1 and 5 of article 29;
c) (Repealed.)
d) Violation of the obligation provided for in paragraph 4 of article 39;
e) Violation of the obligation provided for in paragraphs 1, 2 and 4 of article 40;
f) Violation of subscriber rights provided for in paragraph 1 of article 50;
g) Failure to comply with the obligation provided for in paragraph 1 of article 53;
h) Violation of obligations provided for in paragraphs 2 and 3 of article 78;
i) Failure to comply with the obligation provided for in paragraph 1 of article 79;
j) Failure to comply with conditions provided for in paragraphs 1 and 2 of article 80;

2 - Without prejudice to other applicable penalties, serious breaches shall be deemed to be:
a) Failure to cooperate with the NRA, in violation of paragraph 5 of article 10;
b) Failure to comply with obligations laid down in paragraphs 1, 2, 6 and 7 of article 21;
c) Violation of the terms of article 23;
d) Failure to comply with the sharing determination referred to in paragraph 2, as well as failure to comply with conditions determined pursuant to paragraphs 3 and 4 of article 25;
e) Failure to comply with rules established in the offer referred to in paragraph 4 of article 26;
f) Failure to comply with the conditions set forth in points b) to f), h) to q), s) and t) of paragraph 1 and in paragraph 2 of article 27;
g) Non-compliance with any of the specific obligations provided for in article 28;
h) Failure to comply with any of the conditions defined pursuant to paragraphs 1 and 2 of article 37, except for the one provided for in point f) of paragraph 1 of the same article;
i) The transfer of rights of use for numbers, in violation of the terms and conditions defined by the NRA, provided for in article 38;
j) The violation of rights of users, of end-users and of subscribers, in breach of paragraphs 1 to 3 of article 39;
l) Failure to comply with the obligation set out in paragraph 5 of article 39;
m) Failure to comply with conditions and requirements determined by the NRA pursuant to paragraph 6 of article 39;
n) Failure to comply with obligations provided for in paragraphs 1 to 3 of article 44;
o) Violation of the right of end-users, provided for in paragraph 2 of article 44-A;
p) Failure to comply with the barring obligation, in violation of paragraphs 1 to 3, 5 and 6 of article 45;
q) Refusal to enter into a contract, in violation of paragraph 5 of article 46;
r) Failure to comply with the information obligation provided for in paragraphs 1 to 3 of article 47;
s) Impediment to the use of information, in violation of paragraph 4 of article 47;
t) Violation of obligations to provide information provided for in paragraphs 1 to 3 of article 47-A;
u) Failure to comply with obligations laid down in paragraphs 1 to 4, 6, 8 and 9 of article 48;
v) Violation of obligations and requirements provided for in paragraphs 1 and 2 of article 48-A;
x) Violation of rights of end-users provided for in paragraph 2 of article 50;
z) Suspension or termination of services in violation of article 52;
aa) Violation of the right of subscribers to portability, provided for in paragraph 1 of article 54, failure to comply with obligations provided for in paragraphs 2, 3 and 4 of article 54 and with obligations established pursuant to paragraphs 5 and 7 of article 54;
bb) Failure to comply with measures referred to in paragraph 2 of article 54-C;
cc) Failure to comply with additional requirements referred to in article 54-D;
dd) Failure to comply with obligations determined under point b) of article 54-E;
ee) Opposition or creation of barriers to the audit provided for in paragraph 1 of article 76;
ff) Violation of obligations provided for in paragraphs 1 and 2 of article 76-B;
gg) Failure to comply with obligations provided for in paragraphs 1 to 4 of article 92;
hh) Opposition or creation of barriers to the audit, provided for in paragraph 6 of article 92;
ii) Failure to comply with obligations provided for in paragraphs 1 and 6 of article 94;
jj) Violation of obligations provided for in paragraphs 1 to 4 of article 103;
ll) Pursue of activities provided for in point d) of paragraph 1 of article 104;
mm) Violation of paragraphs 1 to 3 and 5 of article 108.

3 - Without prejudice to other applicable penalties, very serious breaches shall be deemed to be:
a) Failure to comply with a decision taken by the NRA in a process of settlement of disputes, in violation of paragraphs 1 of article 10 and 2 of article 12;
b) Failure to comply with the obligation provided for in paragraph 1 of article 26;
c) Failure to comply with the substantiated decision taken according to paragraph 3 of article 26;
d) Failure to comply with the obligation to provide the offer provided for in paragraph 4 of article 26 according to conditions of access and use defined by the NRA;
e) Failure to comply with conditions set out pursuant to points a) and g) of paragraph 1 and to paragraph 2 of article 27;
f) The use of frequencies without having obtained the respective right of use, where required, or failing to comply with its terms, in violation of paragraph 1 of article 30;
g) Failure to comply with any of the conditions defined pursuant to paragraphs 1 and 2 of article 32, except for that in point f) of paragraph 1 of the same article;
h) Transfer and lease of rights of use for frequencies without notification, in violation of paragraph 4 and/or paragraph 8 of article 34, as well as the transfer or lease of those rights in violation of paragraph 6 and of rules set out under paragraph 11 of the same article;
i) Failure to comply with any of the conditions or measures imposed under paragraph 2 of article 35;
j) The use of numbers without having obtained the respective right of use or failing to comply with its terms, in violation of paragraph 1 of article 36;
l) Failure to comply with obligations provided for in paragraphs 1 to 3 of article 41;
m) Failure to comply with measures provided for in paragraphs 1 to 3 of article 42;
n) Failure to comply with the “must carry” obligations provided for in paragraph 1 and in the terms of paragraph 3 of article 43;
o) Failure to comply with conditions provided for in paragraphs 3 and 4 of article 46;
p) Refusal to enter into a contract, in violation of paragraph 6 of article 46;
q) Failure to comply with determinations imposed by the NRA, pursuant to paragraph 10 of article 48;
r) Failure to comply with obligations provided for in paragraphs 1 and 2 of article 49;
s) Violation of the obligation provided for in paragraph 4 of article 50;
t) Violation of rights of users referred to in paragraph 1 and violation of the obligation provided for in paragraphs 2, 3 and 5 of article 51;
u) Failure to comply with obligations provided for in article 54-A;
v) Failure to comply with the obligation provided for in article 54-B;
x) Failure to comply with the technical implementing measures referred to in paragraph 1 of article 54-C;
z) Failure to comply with the obligation provided for in paragraphs 1, 2 and 4 of article 54-F;
aa) Opposition or creation of barriers to the audit provided for in paragraph 3 of article 54-F;
bb) Failure to comply with binding instructions provided for in paragraph 1 of article 54-G;
cc) Failure to comply with obligations provided for in paragraph 3 of article 63;
dd) Failure to comply with obligations provided for in paragraphs 1 and 2 of article 64;
ee) Violation of confidentiality obligations provided for in paragraphs 1 and 2 of article 65;
ff) Failure to comply with any of the obligations provided for in paragraphs 1, 3 and 4 of article 66;
gg) Failure to comply with conditions imposed pursuant to paragraph 1 of article 73;
hh) Failure to comply with obligations provided for in paragraph 4 of article 76-B;
ii) Violation of obligations imposed under paragraphs 1 of article 77;
jj) Violation of the obligation imposed under paragraph 1 of article 78;
ll) Failure to comply with obligations provided for in paragraphs 1, 3 and 5 of article 85;
mm) Opposition or creation of barriers to the audit provided for in paragraph 6 of article 85;
nn) Violation of obligations provided for in paragraphs 1 to 3 of article 88;
oo) Violation of obligations and conditions provided for in paragraphs 1 to 3 and pursuant to paragraph 5 of article 89;
pp) Failure to comply with obligations provided for in paragraphs 1, 3 and 4 of article 90;
qq) Failure to comply with obligations provided for in paragraphs 1, 2, 3 and 5 of article 91;
rr) Failure to comply with performance obligations provided for in paragraph 5 of article 92;
ss) Failure to comply with determinations provided for in paragraphs 3 and 5 and obligations provided in paragraph 4 of article 93;
tt) Failure to comply with the contribution obligation in violation of paragraph 2 of article 97;
uu) Failure to comply with obligations provided for in paragraphs 6, 7 and 8 of article 99;
vv) Violation of obligations provided for in article 101;
xx) Failure to comply with obligations provided for in paragraphs 1 to 3 of article 102;
zz) Pursue of activities provided for in points b) and c) of paragraph 1 of article 104;
aaa) Disrespect for decisions ordering interim measures on the terms of paragraphs 1 and 3 of article 111;
bbb) Failure to comply with legitimate orders or commands of the NRA regularly notified to its addressees.

4 - Serious breaches shall be deemed to be, in the scope of Regulation (EC) No 717/2007 of the European Parliament and of the Council, of 27 June, on roaming on public mobile telephone networks within the Community, as amended by Regulation (EC) No 544/2009 of the European Parliament and of the Council of 18 June:
a) Violation of obligations provided for in article 4, in paragraphs 1 to 6 of article 4-B and in articles 6 and 6-A of the referred regulation;
b) Violation of the obligation to provide information provided for in paragraph 4 of article 7 of the referred regulation.

5 - Very serious breaches shall be deemed to be, in the scope of the regulation referred to in the preceding paragraph:
a) Violation of obligations provided for in paragraphs 1 and 2 of article 3 and in articles 4-A and 4-C of the referred regulation;
b) Violation of determinations issued by the NRA in the use of powers granted under paragraphs 5 and 6 of article 7 of the referred regulation.

6 - Minor breaches shall be punishable by the following fines:
a) If committed by a natural person, between (Euro) 100 and (Euro) 2500;
b) If committed by a micro undertaking, between (Euro) 200 and (Euro) 5000;
c) If committed by a small undertaking, between (Euro) 500 and (Euro) 10 000;
d) If committed by a medium-sized undertaking, between (Euro) 1000 and (Euro) 20 000;
e) If committed by a large undertaking, between (Euro) 2000 and (Euro) 100 000.

7 - Serious breaches shall be punishable by the following fines:
a) If committed by a natural person, between (Euro) 250 and (Euro) 7500;
b) If committed by a micro undertaking, between (Euro) 1000 and (Euro) 10 000;
c) If committed by a small undertaking, between (Euro) 2000 and (Euro) 25 000;
d) If committed by a medium-sized undertaking, between (Euro) 4000 and (Euro) 50 000;
e) If committed by a large undertaking, between (Euro) 10 000 and (Euro) 1 000 000.

8 - Very serious breaches shall be punishable by the following fines:
a) If committed by a natural person, between (Euro) 750 and (Euro) 20 000;
b) If committed by a micro undertaking, between (Euro) 2000 and (Euro) 50 000;
c) If committed by a small undertaking, between (Euro) 6000 and (Euro) 150 000;
d) If committed by a medium-sized undertaking, between (Euro) 10 000 and (Euro) 450 000;
e) If committed by a large undertaking, between (Euro) 20 000 and (Euro) 5 000 000.

9 - Where the breach results from failure to comply with a legal duty or with an order issued by the NRA, penalties applied or compliance therewith shall not exempt the offender from fulfilling the duty or order, where possible.

10 - In the cases referred to in the preceding paragraph, the NRA may subject the offender to the injunction of fulfilling the duty or order under consideration, and failure to comply therewith, within the period prescribed, may determine a penalty payment under the terms of article 116.

11 - Breaches provided for in this law, where attempted or committed by negligence, shall be punishable.

Article 114
[...]

1 - In addition to the fines set out in the preceding article, the following additional penalties may also be applied, where justified by the seriousness of the offence and the degree of fault of the offender:
a) Confiscation of objects, equipment and illicit devices, as regards breaches provided for in points ll) and jj) of paragraph 2 and point zz) of paragraph 3 of the preceding article;
b) Ban on engaging in the respective activity for up to two years, as regards breaches provided for in point f) of paragraph 2 and points a), e), f), h), j), m), n) and bb) of paragraph 3 of the preceding article;
c) Withdrawal of the right to participate in tenders or auctions promoted under the scope of the present law for up to two years, as regards breaches provided for in points f), h), m) and n) of paragraph 3 of the preceding article.

2 - Where objects, equipment or illicit devices are confiscated, pursuant to point a) of the preceding paragraph, the respective owner or holder shall hand them over to the NRA, within 30 working days from the notification of the decision ordering the confiscation.

Article 115
[...]

1 - Admonitions, fines and additional penalties provided for in this law, as well as termination of breach proceedings, shall be incumbent on the Management Board of the NRA.
2 - ...
3- ...
4 - ...
5 - (Repealed.)
6 - The preceding paragraphs shall not apply to failure to comply with the conditions provided for in paragraphs 3 and 4 of article 46, being incumbent on CNPD to open and examine breach proceedings, as well as to apply the respective fines, the amount of which reverts at 40% to this body.

Article 116
[...]

1 - Without prejudice to other applicable penalties, in case of failure to comply with decisions issued by the NRA imposing administrative penalties or, in the exercise of legally assigned powers, ordering undertakings providing electronic communications networks and services to adopt behaviours or measures, the NRA is entitled to impose a penalty payment, namely in cases provided for in points a) and g) of paragraph 1, points d), e), gg) and jj) of paragraph 2, points a), b), c), d), h), l), m), n), q), s), bb), cc), ff), hh), ii), jj), ll), mm), oo), qq) ss), tt), aaa) and bbb) of paragraph 3 and point b) of paragraphs 4 and 5, all of article 113.
2 - ...
3 - ...
4 - ...
5 - ...
6 - ...

Article 120
[...]

1 - ...
a) ...
b) Consultation procedures in course under the terms of articles 8, 57 and 57-A, as well as the result of concluded procedures, save for confidential information;
c) Rights, conditions, procedures, fees and decisions concerning general authorisations and rights of use and to install facilities;
d) ...
e) ...
f) ...
g) ...
h) ...
i) ...
j) Available arbitration and mediation mechanisms, pursuant to paragraph 1 of article 48-B;
2 - ...
3 - ...
4 - ...
a) ...
b) ...
c) Identification of undertakings designated as universal service providers, as well as obligations imposed on them;
d) [Former point c).]

Article 121
Reassessment of rights of use for frequencies

1 - Holders of rights of use for frequencies allocated before 25 May 2011 which remain valid until 25 May 2016 may submit up to this date an application to the NRA for a reassessment of the technology and service neutrality restrictions on their rights, which fall under restrictions provided for in paragraphs 2 to 5 of article 16-A.
2 - When examining the applications for reassessment of restrictions on rights of use submitted pursuant to the preceding paragraph, the NRA shall take appropriate measures to promote fair competition.
3 - The NRA shall notify the right holder of the result of its reassessment, and shall allow him a time limit of no less than 10 days to address the issue or to withdraw his application.
4 - If the right holder withdraws his application, the right shall remain unchanged until its expiry or until 25 May 2016, whichever is the earlier date.
5 - After 25 May 2016, the NRA shall take all appropriate measures to ensure that article 16-A applies to all remaining general authorisations, individual rights of use and spectrum allocations used for electronic communications services which existed on 25 May 2011.
6 - (Repealed.)

Article 122
Maintenance of rights and obligations

1 - Undertakings shall maintain the rights of use of numbering resources and frequencies allocated before the publication of this law until the deadline specified in the respective qualifying document, where such deadline exists.
2 - All obligations taken by licensed undertakings in tenders carried out before the publication of the present law shall also continue to apply, thus the respective tender instruments remain also in force, in the relevant part.
3 - Without prejudice to article 43, legislative or administrative measures forcing operators, when granting access or interconnection, to provide different conditions to different undertakings for equivalent services and or imposing obligations that are not related to access and interconnection services effectively provided, in this case without prejudice to the conditions set out in articles 27, 32 and 37, shall not be maintained.

Article 123
[...]

1 - Obligations provided for in article 43 shall be reviewed by 25 May 2012, further to specification by the Entidade Reguladora para a Comunicação Social (the Media Regulatory Authority) of television and radio programme services which must be subject to the must carry obligation by undertakings that provide electronic communications networks and services.
2 - The adjustment of contract prevention mechanisms is subject to the procedure provided for in paragraph 2 of article 46.
3 - ...

Article 124
[...]

1 - The regime in the present law shall apply to the concessionaire of the public telecommunications service.
2 - All obligations included in the bases of concession of the public telecommunications service approved by Decree-Law number 31/2003, of 17 February, shall remain in force, except where a more demanding regime results for the concessionaire from the application of this law, in which case such regime shall apply.
3 - (Repealed.)

Article 125
[...]

1 - It is incumbent upon the NRA to publish the necessary regulations for implementing this law, namely those concerning matters referred to in paragraph 1 of article 21, paragraphs 2 of article 27, 32, 37 and 40, paragraph 3 of article 51, paragraph 7 of article 54, paragraphs 2 and 4 of article 92 and paragraph 5 of article 108, without prejudice to the statutory power of the NRA to issue regulations where required to pursue its assignments.
2 - ...

Article 126
[...]

1 - The rules laid down in article 72 of the Code of Administrative Procedure shall apply to the calculation of time limits provided for in the present law.
2 - Time limits provided for in articles 57 and 57-A shall be calculated according to rules established by the European Commission in recommendations or guidelines approved under the procedure provided for in Directive 2002/21/EC, of the European Parliament and of the Council of 7 March, as amended by Directive 2009/140/EC of the European Parliament and of the Council, of 25 November.

Article 127
[...]

1 - ...
2 - (Repealed.)
3 - Point e) of paragraph 1 of article 7 of Decree-Law number 555/99 of 16 December, as amended by Decree-Law number 26/2010, of 30 March, shall not apply to the concessionaire of the public telecommunications service.
4 - ...»

Article 3
Addition to Law number 5/2004, of 10 February

Articles 2-A, 16-A, 21-A, 25-A, 44-A, 47-A, 48-A, 48-B, 54-A, 54-B, 54-C, 54-D, 54-E, 54-F, 54-G, 57-A, 59-A, 76-A and 76-B are hereby added to Law number 5/2004, of 10 February, as amended by Decree-Law number 176/2007 of 8 May, by Law number 35/2008, of 28 July, by Decree-Laws number 123/2009, of 21 May and 258/2009, of 25 September, to read as follows:

Article 2-A
Security and emergency

1 - It is incumbent on the State to ensure, under the law, the appropriate coordination of electronic communications networks and services in situations of emergency, crisis or war.

2 - It is incumbent on the NRA:
a) To exercise the powers conferred upon it as regards European critical infrastructures in the scope of electronic communications, namely within the legal framework of the transposition of Council Directive 2008/114/EC, of 8 December, on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection;
b) To exercise the powers conferred upon it as regards national critical infrastructures in the scope of electronic communications, both as refers undertakings providing electronic communications networks and services and owners or holders of the referred infrastructures;
c) To analyse and characterize, with the collaboration of undertakings providing electronic communications networks and services and with the competent services and bodies of the direct and indirect administration of the State and Autonomous Regions, and to propose, where appropriate:
i. The necessary measures to safeguard the reserve capacity, by undertakings providing electronic communications networks and services, for emergency communications of a public interest;
ii. The necessary measures on network congestion in emergency situations, including procedures to be followed by undertakings providing electronic communications networks and services;
d) To develop, under the law and in articulation with other competent bodies, the planning, set up and implementation of the response system to information security incidents, within the scope of electronic communications;
e) To identify and to characterize, under the law and in articulation with the competent entities, the electronic communications resources of use for civil protection purposes.

Article 16-A
Technology and service neutrality in spectrum management

2 - The NRA may provide for proportionate, non-discriminatory and substantiated restrictions to the technology used for electronic communications services where this is necessary to:
a) Avoid harmful interference;
b) Protect population against electromagnetic fields;
c) Ensure technical quality of service;
d) Ensure maximisation of radio frequency sharing;
e) Safeguard efficient use of spectrum;
f) Ensure the fulfilment of a general interest objective in accordance with the law.

3 - The NRA may provide for proportionate and non-discriminatory restrictions to the types of electronic communications services to be provided, including, where necessary, to fulfil a requirement under the ITU (International Telecommunication Union) Radio Regulations.

4 - In the scope of restrictions to service neutrality, the NRA is entitled to adopt measures that require:
a) An electronic communications service to be provided in a specific band available for electronic communications services, where justified in order to ensure the fulfilment of a general interest objective as defined in article 5;
b) The provision of a specific electronic communications service in a specific band while excluding any other service, where justified by the need to protect safety of life services or, exceptionally, to fulfil other general interest objectives as defined by the law.

5 - ‘General interest objective’ shall be deemed to mean, for the purposes of points f) of paragraph 2 and a) of paragraph 4, in particular, safety of life, the promotion of social, regional or territorial cohesion, the avoidance of inefficient use of radio frequencies, as well as the promotion of cultural and linguistic diversity and media pluralism, for example by the provision of radio and television broadcasting services.

6 - Restrictions provided for in paragraphs 2 to 4 shall be published in the scope of the NFAP, and the NRA shall reassess, at least once every year, the need to maintain them.

Article 21-A
Undertaking register

1 - It is incumbent on the NRA to keep a register of undertakings providing electronic communications networks and services, which shall include in particular, their full identification, address and activities pursued.

2 - Undertaking’s entry in the register shall be cancelled by the NRA where:
a) Undertakings notify termination of their activity, pursuant to paragraph 7 of the preceding article;
b) Notification of undertakings for more than 90 days proves to be impossible, without prejudice to the immediate settlement and collection of fees due and to the application of appropriate penalties.

Article 25-A
Set-up of infrastructures suitable for the accommodation of electronic communications networks

1 - The following activities shall be subject to the regime that applies to the construction of infrastructures suitable for the accommodation of electronic communications networks and to the construction of infrastructures for telecommunications in housing developments, urban settlements and concentrations of buildings, approved by Decree-Law number 123/2009, of 21 May, as amended by Decree-Law number 258/2009, of 25 September:
a) Coordination of works intended for the construction or extension of infrastructures suitable for the accommodation of electronic communications networks;
b) Sharing of infrastructures for telecommunications in housing developments, urban settlements and concentrations of buildings;
c) Provision of information on infrastructures suitable for the accommodation of electronic communications networks, as well as on the drawing up of infrastructure records, including the Centralised Information System (SIC).

Article 44-A
Harmonised numbers for services of social value

1 - It is incumbent on the NRA to ensure that the “116” numbering range is reserved for the provision of services of social value, pursuant to Commission Decision 2007/116/EC of 15 February, namely a hotline for missing children which may be accessed through the number ‘116000’.

2 - It is incumbent on the NRA to determine measures that ensure that disabled end-users, including citizens of other Member-States whilst travelling in the national territory, are able to access services provided under the “116” numbering range to the greatest extent possible, in a manner equivalent to other end-users, on the basis, for this purpose, of standards and specifications that apply under article 29.

3 - End-users, including citizens of other Member-States whilst travelling in the national territory, have the right to be adequately informed of the existence and use of services provided under the “116” numbering range.

Article 47-A
Obligation to provide information to subscribers

1 - Without prejudice to information published pursuant to article 47, the NRA may oblige undertakings providing public electronic communications networks and publicly available electronic communications services to provide subscribers with information on:
a) Applicable tariffs regarding any number or service subject to particular pricing conditions;
b) Any change to access to emergency services or caller location information;
c) Any change to conditions limiting access to or use of services and applications;
d) Any procedures put in place by the provider to measure and shape traffic so as to avoid filling or overfilling a network link, and on how those procedures could impact the service quality;
e) Their right to determine whether or not to include their personal data in directories;
f) Details of products and services designed for disabled subscribers, where appropriate.

2 - It is incumbent on the NRA to determine the form and frequency of provision to subscribers of information referred to in the preceding paragraph, and, in the case of information provided for in point a), for certain categories of services, the NRA may require such information to be provided immediately prior to connecting the call.

3 - Undertakings referred to in paragraph 1 shall distribute to subscribers, upon request from the competent public authorities, public interest information free of charge, where appropriate, by the same means as those ordinarily used by them in their communications with such subscribers.

4 - Information referred to in the preceding paragraph shall be provided by the relevant public authorities in a standardised format and shall, inter alia, cover the legal consequences of using electronic communications services to engage in unlawful activities or to disseminate harmful content, including infringements of copyright and related rights, as well as information on means of protection against risks to personal security, privacy and personal data when using electronic communications services.

5 - The public authority requesting the disclosure of information referred to in paragraphs 3 and 4 shall be exclusively responsible for it, and such information shall be limited to the space defined by undertakings subject to the obligation to publish it, without hindering or preventing the clear perception of information on conditions for the provision of electronic communications services.

Article 48-A
End-users’ complaints

1 - Electronic communication undertakings shall implement the appropriate procedures for a quick and harmonized handling of end-users’ complaints.

2 - The NRA may define the requirements for procedures referred to in the preceding paragraph.

3 - The NRA shall order the investigation of complaints of which it becomes aware in pursue of its functions, and in case of infringement of provisions which this Authority must enforce, it is entitled to order the adoption of corrective measures.

4 - The NRA shall publish a report on its website with information on complaints and other requests submitted by end-users concerning services provided by electronic communications undertakings, covering all types of complaints, regardless of how they were submitted.

5 - The report referred to in the preceding paragraph shall include, among other aspects, information on the volume of complaints and requests received by the NRA, and identify providers and services at issue, and within each service, the matters complained about.

6 - The report referred to in the preceding paragraph shall be published at least once every year.

Article 48-B
Out-of-court settlement of disputes

1 - Without prejudice to the recourse to the courts and to bodies responsible for promoting and fostering consumer rights, end-users may submit any disputes with electronic communications undertakings to legally established out-of-court dispute settlement mechanisms.

2 - It is incumbent on the NRA to encourage the development of mechanisms that are simple, transparent, economic according to the various types of end-users, and non-discriminatory, for the quick, fair and impartial settlement of disputes, namely those concerning contract conditions or conditions for implementing contracts governing the provision of electronic communications networks and services between electronic communications undertakings and end-users.

3 - For the purposes of the preceding paragraph, the NRA may establish cooperation agreements or participate in the establishment of bodies that aim to ensure the referred mechanisms.

Article 54-A
Obligations of undertakings concerning security and integrity matters

1 - Undertakings providing public communications networks or publicly available electronic communications services shall take appropriate technical and organisational measures to appropriately prevent, manage and reduce the risks posed to security of networks and services, aiming in particular to prevent or minimise the impact of security incidents on interconnected networks, at national and international level, and users.
2 - Undertakings providing public communications networks shall take all appropriate steps to guarantee the integrity of their networks, ensuring the continuity of supply of services provided over those networks.
3 - Measures provided for in paragraph 1 shall be appropriate to the risk presented having regard to the state of the art.

Article 54-B
Notification obligations

Undertakings providing public communications networks or publicly available electronic communications services shall notify the NRA of a breach of security or loss of integrity with a significant impact on the operation of networks or services.

Article 54-C
Implementing measures

1 - For the purposes of article 54-A, the NRA is entitled to approve and impose technical implementing measures on undertakings that provide public communications networks or publicly available electronic communications services.

2 - For the purposes of article 54-B, it is incumbent on the NRA to approve measures defining the circumstances, format and procedures applicable to notification requirements concerning breach of security or loss of integrity of networks.

3 - Implementing measures provided for in the preceding paragraphs shall comply with decisions of the European Commission adopted pursuant to the procedure provided for in article 13-A of Directive 2002/21/EC, of the European Parliament and of the Council of 7 March, as amended by Directive 2009/140/EC of the European Parliament and of the Council, of 25 November, and, in their absence, such measures shall be based on European and international standards governing the matter.

4 - The adoption of implementing measures referred to in paragraphs 1 and 2 is subject to the general consultation procedure provided for in article 8.

Article 54-D
Additional requirements

In addition to the technical implementing measures provided for in the preceding article, the NRA, for the purposes of article 54-A, is entitled to impose more demanding requirements on undertakings providing public communications networks or publicly available electronic communications services, in particular determining the following:
a) The indication of a permanent contact point, for the purposes of the present chapter;
b) The drawing up of an up-to-date plan covering all technical and organisational measures adopted;
c) The performance of assessment and improvement exercises of technical and organisational measures adopted, as well as the participation in joint exercises;
d) The drawing up and presentation to the NRA of a annual report under terms to be set out, including in particular, the experience obtained at the level of security incidents.

Article 54-E
Information obligations on the NRA

It is incumbent on the NRA:
a) To inform the national regulatory authorities of other Member States and the European Network and Information Security Agency (ENISA) where this is deemed to be justified on account of the scale or seriousness of the breach of security or loss of integrity notified pursuant to article 54-B;
b) To inform the public, by the most appropriate means, of any breach of security or loss of integrity or to require undertakings that provide public communications networks or publicly available electronic communications services to do so, where it determines that disclosure of the breach is in the public interest;
c) To submit once a year a summary report to the Commission and ENISA on the notifications received on breach of security or loss of integrity, in accordance with article 54-B, and the action taken thereon.

Article 54-F
Audits and provision of information

1 - It is incumbent on the NRA to order undertakings providing public communications networks or publicly available electronic communications services to provide at their own expense for audits by qualified independent bodies, to the security of their networks and services, as well as to submit to the NRA a report with the results thereof.

2 - For the purposes of the preceding paragraph:
a) It is incumbent on the NRA to establish the requirements with which audits provided for in the preceding paragraph must comply, namely as regards their scope, frequency, procedures and reference standards, as well as requirements related to auditing bodies;
b) Undertakings that provide public communications networks or publicly available electronic communications services shall:
i. Submit to the NRA beforehand the approval of the auditing body;
ii. Submit to the NRA, within a reasonable time-limit, the plan for correcting non-compliances identified in the audit report.

3 - The NRA, or any independent body designated by it, is further entitled to carry out a security audit to networks and services, in particular in cases of breach of security or loss of integrity.

4 - For the purposes of assessing the security or integrity of networks and services, it is incumbent on the NRA, pursuant to articles 108 and 109, to require undertakings referred to in paragraph 1 to provide all necessary information, including documented security policies.

Article 54-G
Binding instructions and investigation

1 - For the purpose of articles 54-A and 54-B, and in the scope of technical implementing measures and additional requirements adopted, the NRA shall have the power to issue binding instructions to undertakings providing public communications networks or publicly available electronic communications services, including those regarding time limits for implementation.

2 - It is incumbent on the NRA to investigate cases of non-compliance with provisions and obligations covered by the present chapter and the effects thereof on the security and integrity of the networks.

Article 57-A
Procedure for the consistent application of regulatory obligations

1 - Where an intended measure subject to the specific consultation procedure aims at imposing, maintaining, amending or withdrawing an obligation on undertakings with or without significant market power provided for in point d) of article 56, and the NRA is notified by the European Commission of its reasons for considering that the draft measure would create a barrier to the single market or of its serious doubts as to its compatibility with Community law, the NRA shall postpone the approval of the draft measure for a further three months following the Commission’s notification.

2 - Within the period referred to in the preceding paragraph, the European Commission, BEREC and the NRA shall cooperate closely to identify the most appropriate and effective measure in the light of the regulatory objectives laid down in article 5, whilst taking due account of the views of market participants, who addressed the matter within the scope of the respective general consultation procedure, and of the need to ensure the development of consistent regulatory practice.

3 - Where within six weeks from the beginning of the three-month period referred to in paragraph 1, BEREC issues and makes public an opinion on the European Commission’s notification, indicating that it shares the Commission’s doubts on the NRA’s draft measure and that such measure should be amended or withdrawn, providing specific proposals to that end, the NRA shall cooperate closely with BEREC to identify the most appropriate and effective measure, being entitled, before the end of the same three-month period, to:
a) Amend or withdraw its draft measure, taking utmost account of the European Commission’s notification referred to in paragraph 1 and of BEREC's opinion and cooperation;
b) Maintain its draft measure.

4 - Where BEREC does not share the doubts of the European Commission or does not issue an opinion, or where the NRA amends or maintains its draft measure, all pursuant to the preceding paragraph, and the European Commission, within one month following the end of the three-month period referred to in paragraph 1, issues a recommendation requiring the NRA to amend or withdraw the draft measure, including specific proposals to that end, or takes a decision to lift its reservations, the NRA, within one month from the adoption of the referred recommendation or decision, shall communicate to the European Commission and BEREC the adopted final measure, providing a reasoned justification where it decides not to accept the recommendation issued by the European Commission.

5 - The one-month period provided for in the second part of the preceding paragraph may be extended to allow the NRA to undertake a public consultation on the amended draft measure, in accordance with article 8, before adopting a final decision.

6 - The NRA may withdraw the proposed draft measure at any stage of the procedure.

Article 59-A
Review of market analyses

1 - The NRA shall carry out a market analysis within two years from the adoption by the European Commission of a revised Recommendation on relevant markets, for markets not previously notified to the European Commission pursuant to article 57.

2 - The market analysis shall be reviewed:
a) Within three years from the adoption of the most recent measure relating to that market;
b) Where deemed to be justified by the NRA.

3 - The period provided for in point a) of the preceding paragraph may exceptionally be extended for up to three additional years, where the NRA has notified to the European Commission a reasoned proposed extension and the European Commission has not objected within one month of the notified extension.

4 - Where the NRA has not completed the analysis of a relevant market within the time limit laid down in the preceding paragraphs, as appropriate, it shall request assistance from BEREC, so that, within six months, the analysis of the specific market and the specific obligations to be imposed is completed and notified in accordance with article 57.

Article 76-A
Obligation for functional separation

1 - Where the NRA concludes that obligations imposed under articles 67 to 76 have failed to achieve effective competition and that there are important and persisting competition problems or market failures identified in relation to the wholesale provision of certain access product markets, the Authority may, as an exceptional measure, in accordance with paragraph 4 of article 66, impose an obligation on vertically integrated undertakings to place activities related to the wholesale provision of relevant access products in an independently operating business entity.

2 - The independently operating business entity referred to in the preceding paragraph shall supply access products and services to all undertakings, including to other business entities within the parent company, on the same timescales, terms and conditions, including those relating to price and service levels, and by means of the same systems and processes.

3 - Where the NRA intends to impose an obligation for functional separation, it shall submit a proposal to the European Commission covering the following elements:
a) Evidence justifying the conclusions of the NRA as referred to in paragraph 1;
b) A reasoned assessment that there is no or little prospect of effective and sustainable infrastructure-based competition within a reasonable time-frame;
c) An analysis of the expected impact on the NRA, on the undertaking, in particular on the workforce of the separated undertaking and on the electronic communications sector as a whole, on its incentives to invest in the network, and on other stakeholders including the expected impact on competition between infrastructures and any potential entailing effects on consumers;
d) An analysis of the reasons justifying that this obligation would be the most efficient means to enforce remedies aimed at addressing the identified problems or failures.

4 - In addition to the proposal referred to in the preceding paragraph, the NRA shall submit to the European Commission the draft measure intended to be adopted, which shall include the following elements:
a) The precise nature and level of separation, specifying in particular the legal status of the separate business entity;
b) An identification of the assets of the separate business entity, and the products or services to be supplied by that entity;
c) The governance arrangements to ensure the independence of the staff employed by the separate business entity, and the corresponding incentive structure;
d) Rules for ensuring compliance with the obligations;
e) Rules for ensuring transparency of operational procedures, in particular towards other stakeholders;
f) A monitoring programme to ensure compliance with the draft measure, including the publication of an annual report.

5 - Following the European Commission’s decision on the draft measure taken in accordance with paragraph 4 of article 66, the NRA shall conduct a coordinated analysis of the different markets related to the access network in accordance with the procedure set out in article 59, on the basis of which it shall impose, maintain, amend or withdraw obligations, in accordance with articles 8, 57 and 57-A.

6 - For the purpose of the preceding paragraph, an undertaking on which functional separation has been imposed may be subject to any of the obligations identified in articles 67 to 76, in any specific market where it has been designated as having significant market power by the NRA, in accordance with article 59, or any other obligations authorised by the European Commission pursuant to paragraph 4 of article 66.

Article 76-B
Voluntary functional separation

1 - Vertically integrated undertakings which have been designated as having significant market power in one or several relevant markets, in accordance with article 59, shall inform the NRA in advance and in a timely manner when they intend to transfer their local access network assets or a substantial part thereof to a separate legal entity under different ownership, or to establish a separate business entity in order to provide to all retail providers, including its own retail divisions, fully equivalent access products.

2 - Undertakings referred to in the preceding paragraph shall also inform the NRA, in advance and in a timely manner, of any change of the notified intent, as well as the final outcome of the process of separation.

3 - The NRA is charged with assessing the effect of the intended transaction on existing regulatory obligations imposed on the vertically integrated undertaking, under article 66, by means of a coordinated analysis of the different markets related to the access network, in accordance with article 59.

4 - Further to the conclusion of the process of separation, the NRA, based on the assessment carried out pursuant to the preceding paragraph, shall impose, maintain, amend or withdraw obligations, in accordance with articles 8, 57 and 57-A.

5 - The separate business entity may be subject to any of the obligations identified in articles 67 to 76, in any specific market where it has been designated as having significant market power by the NRA, in accordance with article 59, or any other obligations authorised by the European Commission pursuant to paragraph 4 of article 66.»

Article 4
Amendment to the system of Law number 5/2004, of 10 February

1 - The systematic division by sections of chapter IV of title III of Law number 5/2004, of 10 February, which is renamed “Operating rules applicable to undertakings providing public communications networks and publicly available services”, is removed.

2 - To title III of Law number 5/2004, of 10 February, is hereby added chapter V which shall be entitled “Security and integrity of networks and services”, covering articles 54-A to 54-G, added by the preceding article.

Article 5
Amendment to Decree-Law number 177/99, of 21 May

Article 14 of Decree-Law number 177/99, of 21 May, as amended by Law number 95/2001, of 20 August, and by Decree-Law number 63/2009, of 10 March, is hereby amended to read as follows:

«Article 14
[...]

1 - ...
a) ...
b) The violation of paragraphs 1, 3 and 4 of article 5, of points a), c) and d) of paragraph 2 of article 6, of paragraph 3 of article 7, of article 9 and of paragraphs 1, 2, 4, 5 and 6 of article 9-A.
2 - ...
3 - ...

Article 6
Amendment to the annex to Law number 5/2004, of 10 February

The annex to Law number 5/2004, of 10 February is replaced by annex i to this statutory instrument, of which it is an integral part.

Article 7
Transitional and final provisions

1 - Obligations provided for in article 43 of Law number 5/2004, of 10 February shall be reviewed by 25 May 2012, following a specification by Entidade Reguladora para a Comunicação Social (ERC) of television and radio programme services on which “must-carry” obligations must be applied by providers of electronic communications networks and services.

2 - The carrier selection or pre-selection obligation provided for in article 84 of Law number 5/2004, of 10 February, in its original wording, shall remain in force until the NRA adopts a decision, further to a market analysis, imposing, maintaining, amending or withdrawing the carrier selection or pre-selection obligation under point j) of paragraph 2 of article 72.

3 - The violation of the carrier selection or pre-selection obligation and of the respective implementing regulations, which transitionally have been retained pursuant to the preceding paragraph, shall be deemed a serious breach, punishable pursuant to paragraph 7 of article 113 of Law number 5/2004, of 10 February.

4 - Regulation number 1/2006, of 9 January, as amended by Regulation number 268/2007, of 15 October (Selection and Pre-Selection Regulation) shall remain in force until their repeal by the NRA.

Article 8
Repeal provision

1 - The following provisions are hereby repealed:
a) Points c) of paragraphs 2 and 3 of article 5, paragraph 4 of article 27, point d) of article 28, paragraphs 3 of article 49, 4 of article 58, and 6 of article 59, points a), b), d), e), g), m), n) and o) of paragraph 4 of article 60, b) of paragraph 2 and f) and h) of paragraph 3 of article 69, paragraph 2 of article 77, articles 82 to 84, paragraph 7 of article 85, article 107, point c) of paragraph 1 of article 113, paragraph 5 of article 115, articles 117 to 119, paragraph 6 of article 121, article 121-A and paragraphs 3 of article 124 and 2 of article 127 of Law number 5/2004, of 10 February , as amended by Decree-Law number 176/2007, of 8 May, by Law number 35/2008, of 28 July, by Decree-Laws number 123/2009, of 21 May, and 258/2009, of 25 September, and by Law number 46/2011, of 24 June;
b) Article 10 of Decree-Law number Decree-Law number 177/99, of 21 May, as amended by Law number 95/2001, of 20 August, and by Decree-Law number 63/2009, of 10 March.

2 - The repeal of article 84 of Law number 5/2004, of 10 February shall take effect with the decision of the NRA provided for in paragraph 1 of article preceding article.

Article 9
Republication

Law number 5/2004, of 10 February, with the current wording, is republished in annex ii to this statutory instrument, of which it is an integral part.

Article 10
Entry into force

1 - This statutory instrument shall enter into force of the day following that of its publication.
2 - Amendments to paragraphs 1 and 12 of article 13 and to paragraph 6 of article 116 of Law number 5/2004, of 10 February, introduced by article 12 of Law number 46/2011, of 24 June, shall take effect pursuant to article 20 of this law.

Approved on 5 August 2011.
The President of the Assembly of the Republic, Maria da Assunção A.Esteves.
Promulgated on 24 August 2011.
Let it be published.
The President of the Republic, Aníbal Cavaco Silva.
Countersigned on 25 August, 2011.
The Prime Minister, Pedro Passos Coelho.

ANNEX I
Parameters of quality of service
Supply-time and quality-of-service parameters, definitions and measurement methods referred to in articles 40 and 92

Parameter (1) Definition Measurement method
For undertakings providing access to a public communications network ETSI EG 202 057 ETSI EG 202 057-1
Supply time for initial connection ETSI EG 202 057 ETSI EG 202 0571
Fault rate per access line ETSI EG 202 057 ETSI EG 202 057
Fault repair time ETSI EG 202 057 ETSI EG 202 057
For undertakings providing publicly available telephone services ETSI EG 202 057 ETSI EG 202 057
Call set up time (2) ETSI EG 202 057 ETSI EG 202 057
Response times for directory enquiry services ETSI EG 202 057 ETSI EG 202 057
Proportion of coin and card operated public pay
telephones in working order ETSI EG 202 057 ETSI EG 202 057
Bill correctness complaints ETSI EG 202 057 ETSI EG 202 057
Unsuccessful call ratio (2) ETSI EG 202 057 ETSI EG 202 057

(1) Parameters should allow for performance to be analysed at a regional level 8[i.e. no less than Level 2 in the Nomenclature of Territorial Units for Statistics (NUTS) established by Eurostat].
(2) Member States may decide not to require that up-to-date information concerning the performance for these two parameters be kept, if evidence is available to show that performance in these two areas is satisfactory.

Note. - Version number of ETSI EG 202 057-1 is v. 1.3.1 (July 2008).

ANNEX II
(referred to in article 9)
Republication of Law number 5/2004, of 10 February

TITLE I
General Part

Article 1
Subject

Article 2
Scope

1 - This law shall not apply to:
a) Information society services, as defined in Decree-Law number 58/2000 of 18 April, which do not wholly or mainly consist of the conveyance of signals over electronic communications networks;
b) Services which provide or which exercise editorial control over content transmitted over electronic communications networks and services, including television and radio programme services and audio-text and value-added message-based services;
c) The private networks of, or under the responsibility of, the Ministry of National Defence or of the security and emergency forces and services, which are governed by specific legislation;
d) The Government computer network managed by the Centro de Gestão da Rede Informática do Governo (CEGER) - the Government Computer Network Management Centre - as well as networks created to pursue the aims provided for in paragraph 1 of article 1 of Decree-Law number 163/2007, of 3 May;

2 – The provisions of this law are without prejudice to:
a) The regime governing the free circulation, placing in the market and putting into service of radio equipment and telecommunications terminal equipment, as well as the regime governing the respective assessment of conformity and marking procedures as approved by Decree-Law no 192/2000 of 18 August;
b) The regime governing the construction of infrastructures suitable for the accommodation of electronic communications networks, the set up of electronic communications networks and the construction of infrastructures for telecommunications in housing developments, urban settlements and concentrations of buildings, provided for in Decree-Law number 123/2009, of 21 May, as amended by Decree-Law number 258/2009, of 25 September;
c) The regime applicable to radiocommunications networks and stations, provided for in Decree-Law number 151-A/2000 of 20 July, as amended by Decree-Laws number 167/2006, of 16 August, and 264/2009, of 28 September;
d) The regime applicable to the use of the Personal Radio Service – Citizen’s Band (SRP-CB) as provided for in Decree-Law no. 47/2000 of 24 March;
e) The legal regime applicable to radio amateurs, provided for in Decree-Law number 53/2009, of 2 March;
f) The legal regime applicable to essential public services, provided for in Law 23/96, of 26 July, as amended by Laws number 12/2008, of 26 February, 24/2008, of 2 June, 6/2011, of 10 March and 44/2011, of 22 June;
g) The legal regime governing the provision of promotion, information and customer and user support services through call centres, provided for in Decree-Law number 134/2009, of 2 June, as amended by Decree-Law number 72-A/2010 of 18 June;
h) The legal regime applicable to sums charged for unblocking devices, provided for in Decree-Law number 56/2010, of 1 June.

3 – In case of conflict between the provisions of this law and other rules laid down in the remaining applicable sector legislation, the former will prevail, except where a more demanding regime for undertakings providing electronic communications networks and services arises from another provision, in which case the latter shall apply.

4 - The provisions of the present law are without prejudice to measures taken at Community or national level to pursue general interest objectives, in particular relating to content regulation and audio-visual policy.

5 - The provisions of the present law are without prejudice to measures taken at Community or national level to pursue public order and security objectives, in particular with regard to the rail sector and the road sector.

Article 2-A
Security and emergency

1 - It is incumbent on the State to ensure, under the law, the appropriate coordination of electronic communications networks and services in situations of emergency, crisis or war.

2 - It is incumbent on the NRA:
f) To exercise the powers conferred upon it as regards European critical infrastructures in the scope of electronic communications, namely within the legal framework of the transposition of Council Directive 2008/114/EC, of 8 December, on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection;
g) To exercise the powers conferred upon it as regards national critical infrastructures in the scope of electronic communications, both as refers undertakings providing electronic communications networks and services and owners or holders of the referred infrastructures;
h) To analyse and characterize, with the collaboration of undertakings providing electronic communications networks and services and with the competent services and bodies of the direct and indirect administration of the State and Autonomous Regions, and to propose, where appropriate:
i. The necessary measures to safeguard the reserve capacity, by undertakings providing electronic communications networks and services, for emergency communications of a public interest;
ii. The necessary measures on network congestion in emergency situations, including procedures to be followed by undertakings providing electronic communications networks and services;
i) To develop, under the law and in articulation with other competent bodies, the planning, set up and implementation of the response system to information security incidents, within the scope of electronic communications;
j) To identify and to characterize, under the law and in articulation with the competent entities, the electronic communications resources of use for civil protection purposes.

Article 3
Definitions

For the purposes of the present law:
a) ‘Access’ means the making available of facilities and/or services to another undertaking, under defined conditions, on either an exclusive or non-exclusive basis, for the purpose of providing electronic communications services, including when they are used for the provision of services provided for in points a) and b) of paragraph 1 of the preceding article, covering, inter alia, access to network elements and associated facilities, which may involve the connection of equipment, by fixed or non-fixed means (in particular this includes access to the local loop and to facilities and services necessary to provide services over the local loop); access to physical infrastructure including buildings, ducts and masts; access to relevant software systems including operational support systems; access to information systems or databases for pre-ordering, provisioning, ordering, maintaining and repair requests, and billing; access to number translation or systems offering equivalent functionality; access to fixed and mobile networks, in particular for roaming; access to conditional access systems for digital television services and access to virtual network services;
b) ‘Unbundled access to the local loop’ means full unbundled access to the local loop and shared access to the local loop; it does not entail a change in ownership of the local loop;
c) ‘Shared access to the local loop’ means the provision to a beneficiary of access to the local loop or local sub-loop of the operator with significant market power, allowing the use of a specified part of the full capacity of the local access network infrastructure such as a part of the frequency or an equivalent;
d) ‘Full unbundled access to the local loop’ means the provision to a beneficiary of access to the local loop or local sub-loop of the operator with significant market power, allowing the use of the full capacity of the local access network infrastructure;
e) ‘Subscriber’ means any natural person or legal person who or which is party to a contract with a provider of publicly available electronic communications services for the supply of such services;
f) ‘Spectrum allocation’ means the designation of a given frequency band for use by one or more types of radiocommunications services, where appropriate, under specified conditions;
g) ‘National regulatory authority (NRA)’ means the authority performing regulatory, supervising, monitoring and sanctionary functions in the scope of electronic communications networks and services, as well as associated facilities and services, which is ICP – Autoridade Nacional de Comunicações (ICP – ANACOM), the Statutes of which are laid down in annex to Decree-Law number 309/2001 of 7 December;
h) ‘General authorisation’ means the legal framework established by the present law and by regulations issued by the national regulatory entity, ensuring rights for the provision of electronic communications networks or services and laying down sector specific obligations that may apply to all or to specific types of electronic communications networks and services, in accordance with the present law;
i) ‘Call’ means a connection established by means of a publicly available electronic communications service allowing two-way communication;
j) ‘Consumer’ means any natural person who uses or requests a publicly available electronic communications service for non-professional purposes;
l) ‘Enhanced digital television equipment’ means set-top boxes intended for connection to television sets or integrated digital television sets, able to receive digital interactive television services;
m) ‘Harmful interference’ means any interference which endangers the functioning of a radio navigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, Community or national provisions;
n) ‘Interconnection’ means the physical and logical linking of public communications networks used by the same or a different undertaking in order to allow the users of one undertaking to communicate with users of the same or another undertaking, or to access services provided by another undertaking. Services may be provided by the parties involved or other parties who have access to the network. Interconnection is a specific type of access implemented between public network operators;
o) ‘Application program interface (API)’ means the software interface between applications, made available by radio, television or distribution operators or by service providers, and the resources in the enhanced digital television equipment for digital radio and television services;
p) ‘Local loop’ means the physical circuit connecting the network termination point at the user’s site to a distribution frame or equivalent facility in the public fixed electronic communications network;
q) ‘Transnational markets’ means markets identified in paragraph 5 of article 59, covering the European Union or a substantial part thereof located in more than one Member State;
r) ‘Number’ means a resource of the National Numbering Plan or a resource of an international numbering plan, over which the NRA has specific notification powers, which is used to identify subscribers, services or applications, undertakings providing networks or services, networks or network elements;
s) ‘Geographic number’ means a number from the national numbering plan containing certain digits of geographic significance, used for routing calls to the physical location of the network termination point (NTP);
t) ‘Non-geographic number’ means a number of the National Numbering Plan which is not a geographic number, including in particular mobile numbers, freephone numbers and premium rate numbers;
u) ‘Provision of an electronic communications network’ means the establishment, operation, control or making available of such a network;
v) ‘Operator’ means an undertaking providing or authorised to provide a public communications network or an associated facility;
x) ‘Body of European Regulators for Electronic Communications (BEREC)’ means the body established by Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November;
z) ‘Public pay phone’ means a fixed terminal equipment available to the general public, for the use of which the means of payment may include coins and/or credit/debit cards and/or pre-payment cards, including cards for use with dialling codes;
aa) ‘Network termination point (NTP)’ means the physical point at which a subscriber is provided with access to a public communications network; in the case of networks involving switching or routing, the NTP is identified by means of a specific network address, which may be linked to a subscriber number or name;
bb) ‘Associated facilities’ means those associated services, physical infrastructures and other facilities or elements associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services via that network and/or service, or have the potential to do so, and include, inter alia, buildings or entries to buildings, building wiring, antennae, towers and other supporting constructions, ducts, conduits, masts, manholes, and cabinets;
cc) ‘Electronic communications network’ means transmission systems and, where applicable, switching or routing equipment and other resources, including network elements which are not active, which permit the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit- and packet-switched, including Internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed;
dd) ‘Public communications network’ means an electronic communications network used wholly or mainly for the provision of electronic communications services available to the public;
ee) ‘Electronic communications service’ means a service normally provided for remuneration which consists wholly or mainly in the conveyance of signals on electronic communications networks, including telecommunications services and transmission services in networks used for broadcasting, without prejudice to the exclusion referred to in points a) and b) of paragraph 1 of article 2;
ff) ‘Associated services’ means those services associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services via that network and/or service, or have the potential to do so, and include, inter alia, number translation or systems offering equivalent functionality, conditional access systems and electronic programme guides, as well as other services such as identity, location and presence service;
gg) ‘Wide-screen television service’ means a television programme service that consists wholly or partially of programmes produced and edited to be displayed in a full height wide-screen format, the 16:9 format being the reference format for these services;
hh) ‘Publicly available telephone service’ means a service available to the public for originating and receiving, either directly or indirectly, national calls or national and international calls through a number or numbers included a national or international numbering plan;
ii) ‘Universal service’ means the minimum set of services, defined in this law, of specified quality which is available to all users regardless of their geographical location and, in the light of specific national conditions, at an affordable price;
jj) ‘Conditional access system’ means any technical measure and/or arrangement whereby access in intelligible form to a protected radio or television programme service is made conditional upon subscription or other form of prior individual authorisation;
ll) ‘Local sub-loop’ means a partial local loop connecting the network termination point at the end user’s site to a concentration point or a specified intermediate distribution frame in the public fixed electronic communications network;
mm) ‘User’ means a legal entity or natural person using or requesting a publicly available electronic communications service;
nn) ‘End-user’ means a user not providing public communications networks or publicly available electronic communications services.

TITLE II
National regulatory authority and regulatory principles

CHAPTER I
General provisions and regulatory principles

Article 4
National regulatory authority

1 - The NRA is charged, in accordance with its assignments, with the functions of regulation, supervision, monitoring and sanctioning provided for in the present law.

2 - The present law and the Statutes of the NRA ensure:
a) Its independence as an organisational and financial body, functionally separated from the Government, endowed with the financial and human resources necessary for the execution of its functions, including an active participation in BEREC;
b) Its independence as an organisational and financial body, functionally separated from undertakings which provide electronic communications networks and services and equipment;
c) The effective separation of regulatory functions from powers associated with the ownership or control of undertakings of the sector upon which the State retains ownership or control.

3 - The NRA shall exercise its powers in an impartial, transparent and timely way.

Article 5
Regulatory objectives

1 - The objectives of electronic communications regulation to be pursued by the NRA are:
a) To promote competition in the provision of electronic communications networks, electronic communications services and associated facilities and services;
b) To contribute to the development of the internal market of the European Union;
c) To promote the interests of citizens, pursuant to the present law.

2 - In respect of point a) of the preceding paragraph, the NRA is charged with:
a) To ensure that users, including disabled users, elderly users and users with special social needs derive maximum benefit in terms of choice, price, and quality;
b) To ensure that there is no distortion or restriction of competition in the electronic communications sector, including in the scope of electronic communications networks and services used for the provision of services referred to in points a) and b) of paragraph 1 of article 2;
c) (Repealed.)
d) To encourage an efficient use and to ensure an effective management of radio frequencies and numbering resources.

3 - In respect of point b) of paragraph 1, the NRA is charged with:
a) Removing existing obstacles to the provision of electronic communications networks, of associated facilities and services and of electronic communications services at a European level;
b) Encouraging the establishment and development of trans-European networks, the interoperability of pan-European services and end-to-end connectivity;
c) (Repealed.)
d) To work in a transparent manner with the Commission, BEREC and other communications regulatory authorities of other Member States of the European Union so as to ensure the development of a regulatory practise and the consistent application of a common regulatory framework for electronic communications networks and services.

4 - In respect of point c) of paragraph 1, the NRA is charged with:
a) Ensuring that all citizens have access to the universal service as defined in the present law;
b) Ensuring a high level of consumer protection in their relationship with undertakings providing electronic communications networks and services, in particular through the establishment of simple and inexpensive dispute resolution procedures, put in place by a body that is independent of the parties in dispute;
c) Contributing to the guarantee of a high level of protection of personal data and privacy;
d) Promoting the provision of clear information, and requiring in particular that tariffs and conditions for using publicly available electronic communications services are transparent;
e) Addressing the needs of specific social groups, in particular users with disabilities, elderly users and users with special social needs;
f) Ensuring that the integrity and security of public communications networks are maintained;
g) Promoting the ability of end-users to access and distribute information and to run applications and services of their choice.

5 - In pursuit of objectives referred to in paragraph 1, in all decisions and measures adopted, the NRA shall apply objective, transparent, non-discriminatory and proportionate regulatory principles, being responsible in particular for:
a) Promoting regulatory predictability by ensuring a consistent regulatory approach over appropriate review periods;
b) Ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services;
c) Safeguarding competition to the benefit of consumers and promoting, where appropriate, infrastructure-based competition;
d) Promoting efficient investment and innovation in new and enhanced infrastructures, including by ensuring that any access obligation takes appropriate account of the risk incurred by the investing undertakings and by permitting cooperative arrangements between investors and parties seeking access to diversify the risk of investment, whilst ensuring that competition in the market and the principle of non-discrimination are preserved;
e) Taking due account of the variety of conditions relating to competition and consumers that exist in the various national geographic areas;
f) Imposing ex-ante regulatory obligations only where there is no effective and sustainable competition and relaxing or lifting such obligations as soon as that condition is fulfilled.

6 - The NRA is charged with adopting all reasonable and proportionate measures which are necessary to ensure that any undertaking is able to provide electronic communications services or to establish, extend or provide electronic communications networks.

7 - The decisions and measures taken by the NRA shall, at all times, be based on the provisions of the preceding paragraphs.

8 - Unless otherwise provided for in the regime provided for in articles 15 and 16-A, utmost account shall be taken of the desirability of making laws and regulations technologically neutral, being incumbent on the NRA to do likewise, in carrying out the regulatory tasks specified in this law, in particular those designed to ensure effective competition.

9 - The NRA may contribute, within the scope of its remit, to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity, as well as pluralism, in particular in respect of the media.

10 - Every public entity and authority shall, within the scope of its respective remit, likewise contribute to achieving the objectives of electronic communications regulation.

Article 6
Consolidating the internal market

1 - In carrying out its tasks, the NRA shall contribute to the development of the internal market, by working in a transparent manner with other national regulatory authorities, with the Commission and with BEREC so as to ensure the consistent application of the regulatory framework for electronic communications.

2 - The NRA shall specifically:
a) Support the goals of BEREC of promoting greater regulatory coordination and coherence, taking utmost account of opinions, guidelines and common positions adopted by that body when adopting its decisions on the definition and assessment of relevant markets;
b) To work with the Commission and BEREC to identify the types of regulatory instruments and remedies best suited to address particular types of situations in the marketplace.

3 - For the purpose of the preceding paragraphs, procedures provided for in articles 57 and 57-A shall be adopted specifically, in the cases provided for in this law.

4 - The NRA shall, in the performance of its functions, take into account the recommendations of the European Commission on the harmonised application of the regulatory framework applicable to electronic communications, having regard to the pursuit of the regulatory objectives set forth in article 5. In the event that the NRA decides not to follow such a recommendation, it shall inform the European Commission of this decision and the grounds therefor.

Article 7
Cooperation

1 - The NRA and the competent authorities and services, particularly in the area of consumer protection, shall jointly cooperate, whenever necessary, in matters of common interest.

2 - The NRA and Autoridade da Concorrência (the Competition Authority) shall cooperate with each other in matters related with the application of the legal regime of competition in the electronic communications sector.

3 - In the cases set out in articles 34 and 61, the NRA shall request the prior opinion of Autoridade da Concorrência.

4 - Where, within the scope of cooperation as provided for in the preceding paragraphs, the NRA and other competent entities exchange information, particularly in respect of competition matters, the entity in receipt of such information shall ensure the same level of confidentiality as the authority from which it was obtained is bound to provide; the NRA and the Competition Authority may use said information in the exercise of their respective powers.

5 - The NRA may promote cooperation between undertakings providing electronic communications networks or services and other public bodies involved in the promotion of the transmission of lawful content over electronic communication networks and services, specifically aiming at the disclosure of public interest information to be provided pursuant to paragraphs 3 to 5 of article 47-A.

Article 8
General consultation procedure

Article 9
Urgent measures

1 - Without prejudice to the provisions of general law, the NRA may, in exceptional circumstances, adopt immediate measures which are proportionate and provisional without following the procedure set out in articles 8 and 57, as applicable, where the NRA considers that, in order to safeguard competition and protect the interests of users, the need to act is urgent.

2 - In the situations referred to in the preceding paragraph, the NRA shall notify the European Commission, other national regulatory authorities and BEREC, as soon as possible, of the measures adopted and the rationale behind them.

3 - In the event that the NRA decides to render the provisional measure permanent or extend the period of its application, the provisions of article 57 shall apply.

Article 10
Administrative dispute resolution

1 - The NRA is charged, at the request of either party, with the resolution, by way of a binding decision, of any dispute connected to the obligations arising under this law, between undertakings subject thereto in the national territory, or between such undertakings and other undertakings benefiting from obligations of access in the national territory, without prejudice to the possibility of judicial review.

2 – The intervention of the NRA shall be requested within a period of one year from the date on which the dispute commenced.

3 – The decision of the NRA shall, except in exceptional circumstances, be issued no later than four months following the date on which the request was made, which decision and grounds therefor shall be notified to the interested parties and, provided that commercial confidentiality is safeguarded, published.

4 – In the resolution of disputes referred to in the present article, the NRA shall make a decision that is in accordance with the provisions of this law and has regard to the pursuit of the objectives of regulation established in article 5.

5 – In the course of a dispute resolution, all undertakings providing electronic communications networks or services shall cooperate fully with the NRA, specifically by complying with any requests made in this scope.

6 – Decisions of the NRA issued pursuant to the present article may be appealed under the terms of paragraph 2 of article 13.

7 - The procedure provided for in article 8 shall not apply to decisions adopted under the present article.

Article 11
Refusal of the dispute resolution request

1 – The NRA may only deny a request to resolve a dispute made pursuant to the preceding article in the following cases:
a) Where the request does not concern compliance with the obligations arising from the present law;
b) Where the period specified in paragraph 2 of the preceding article has expired;
c) Where the NRA deems that other mechanisms, including mediation, exist which are more suitable for the resolution of the dispute in a timely manner, in accordance with the provisions of article 5.

2 – The NRA shall notify the parties without delay in the event that it denies a request, and, in the case set out in point c) of the preceding paragraph, of the most suitable means for the resolution of the dispute.

3 – In the event that, in the case set out in point c) of paragraph 1, the dispute is not resolved within a period of four months following the notification of the parties and court proceeding have not been initiated for the purpose of resolving such dispute, the NRA may, at the request of either party, instigate the procedure set forth in the preceding article, so terminating any previously initiated process of dispute resolution.

4 – Decisions of the NRA issued pursuant to the present article may be appealed under the terms of paragraph 2 of article 13.

Article 12
Resolution of cross-border disputes

1 - In the event of a dispute arising in respect of the obligations resulting from the regulatory framework on electronic communications occurring between undertakings which are subject thereto and established in different Member States, and where such dispute lies within the remit of national regulatory authorities from more than one Member State, any party may refer the dispute to the regulatory authorities concerned, without prejudice to the possibility of judicial review.

2 - In the case set forth in the preceding paragraph, the national regulatory authorities concerned shall coordinate their intervention in order to bring about a resolution of the dispute in accordance with the provisions of article 5, while the decisions taken shall conform with the regulatory framework on electronic communications.

3 - Any of the national regulatory authorities concerned may request BEREC to adopt an opinion as to the action to be taken to resolve the dispute, in accordance with the provisions of the regulatory framework for electronic communications.

4 - In the case provided for in the preceding paragraph, any national regulatory authority with competence in any aspect of the dispute shall await BEREC’s opinion before taking action to resolve the dispute, without prejudice to the possibility of taking urgent measures where necessary.

5 - In resolving a dispute, competent national regulatory authorities shall take the utmost account of the opinion issued by BEREC.

6 - National regulatory authorities may jointly decline to resolve a dispute, pursuant to point c) of paragraph 1 and to paragraphs 2 and 3 of the preceding article, which apply mutatis mutandis.

7 - The procedure provided for in article 8 shall not apply to decisions adopted under the present article.

Article 13
Judicial review

1 – The decisions, orders or other measures adopted by the NRA in the scope of breach proceedings, resulting from the application of the regulatory framework on electronic communications, may be appealed before the competition, regulation and supervision court.
2 – Other acts performed by the NRA may be appealed before the administrative courts, pursuant to applicable law.

3 – Appeals against decisions taken by the NRA which, in respect of breach proceedings, determine the application of fines or additional sanctions shall have suspensive effect.

4 – Appeals against other decisions, orders, and further measures, including decisions to apply penalty payments, adopted in respect of breach proceedings initiated by the NRA, shall have a mere devolutive effect.

5 – The provisions of the following paragraphs and, secondarily, the general regime of breaches, apply to breach proceedings initiated under the present law.

6 – Where an appeal against a decision made by the NRA is filed, the NRA shall submit the briefs to the Prosecution Office within 20 working days, being entitled to attach allegations thereto.

7 – Without prejudice to the provisions of article 70 of Decree-Law number 433/82 of 27 October, as amended by Decree-Law number 244/95 of 14 September, the NRA may also attach other items or information deemed relevant to the decision under consideration, and may also provide evidence.

8 – The NRA, the Prosecution Office and the defendants may oppose that the court finds by order, without trial.

9 – In the event of an appeal against a decision taken in respect of breach proceedings, the withdrawal of the accusation by the Prosecution Office shall be subject to the agreement of the NRA.

10 – Where a trial takes place, the court shall decide on the grounds of the evidence presented during the course of the hearing, as well as of evidence gathered during the administrative stage of the breach proceedings.

11 – The NRA is entitled to lodge an appeal autonomously against decisions made in the impugnation proceedings allowing appeal.

12 – Decisions of the competition, regulation and supervision court which allow appeal, pursuant to the general regime of breaches, may be contested before the Court of Appeals with jurisdiction over the area of seat of the competition, regulation and supervision court.

13 – The Court of Appeals, in the scope of powers provided for in the preceding paragraph, is the court of last resort, and no further appeals may be made against the its judgements.

14 - The NRA shall maintain up-to-date information on appeals of decisions provided for in paragraph 2, namely on the number of requests for appeal, the subject-matter and duration of appeal proceedings and the number of decisions to grant interim measures, providing such information to the Commission and BEREC further to a reasoned request from either.

CHAPTER II
Frequencies, numbers and markets

Article 14
Radio-electric public domain

The space where radio waves may propagate constitutes a public domain of the State.

Article 15
Frequencies

1 - The NRA shall ensure the effective management of spectrum, which shall be understood as the set of frequencies associated with radio waves, taking due account of the important social, cultural and economic value of these frequencies.

2 - The NRA shall, in respect of the management of the spectrum, plan frequencies in accordance with the following criteria:
a) Availability of radio spectrum;
b) Guarantee of conditions of effective competition in the relevant markets;
c) Effective and efficient use of frequencies;
d) Appreciation of interests of radio spectrum users.

3 - The NRA shall cooperate with the Commission and with competent bodies for spectrum management of other Member States in the strategic planning, coordination and harmonisation of the use of radio spectrum in the European Union, namely in the scope of multiannual radio spectrum policy programmes approved by the European Parliament and the Council, taking into consideration, inter alia, the economic, safety, health, public interest, freedom of expression, cultural, scientific, social and technical aspects of EU policies as well as the various interests of radio spectrum users.

4 - The NRA shall promote the harmonisation of use of radio frequencies across the European Union, consistent with the need to ensure effective and efficient use thereof and in pursuit of benefits for the consumer such as economies of scale and interoperability of services, acting in accordance with the preceding article as well as with Decision No 676/2002/EC of the European Parliament and of the Council, of 7 March, on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision).

5 - It is incumbent on the NRA to allocate spectrum and to assign frequencies based on objective, transparent, non-discriminatory and proportionate criteria.

Article 16
National Frequency Allocation Plan

Article 16-A
Technology and service neutrality in spectrum management

1 - The NRA, within the scope of its spectrum management powers and without prejudice to restrictions established in this article, is charged with guaranteeing the following principles:
a) Technology neutrality, in accordance with which all types of technology used for electronic communications services may be used in frequency bands declared to be available for electronic communications services, and published in the NFAP as such;
b) Service neutrality, in accordance with which all types of electronic communications services may be provided in frequency bands declared to be available for electronic communications services, and published in the NFAP as such.

2 - The NRA may provide for proportionate, non-discriminatory and substantiated restrictions to the technology used for electronic communications services where this is necessary to:
a) Avoid harmful interference;
b) Protect population against electromagnetic fields;
c) Ensure technical quality of service;
d) Ensure maximisation of radio frequency sharing;
e) Safeguard efficient use of spectrum;
f) Ensure the fulfilment of a general interest objective in accordance with the law.

3 - The NRA may provide for proportionate and non-discriminatory restrictions to the types of electronic communications services to be provided, including, where necessary, to fulfil a requirement under the ITU (International Telecommunication Union) Radio Regulations.

4 - In the scope of restrictions to service neutrality, the NRA is entitled to adopt measures that require:
a) An electronic communications service to be provided in a specific band available for electronic communications services, where justified in order to ensure the fulfilment of a general interest objective as defined in article 5;
b) The provision of a specific electronic communications service in a specific band while excluding any other service, where justified by the need to protect safety of life services or, exceptionally, to fulfil other general interest objectives as defined by the law.

5 - ‘General interest objective’ shall be deemed to mean, for the purposes of points f) of paragraph 2 and a) of paragraph 4, in particular, safety of life, the promotion of social, regional or territorial cohesion, the avoidance of inefficient use of radio frequencies, as well as the promotion of cultural and linguistic diversity and media pluralism, for example by the provision of radio and television broadcasting services.

6 - Restrictions provided for in paragraphs 2 to 4 shall be published in the scope of the NFAP, and the NRA shall reassess, at least once every year, the need to maintain them.

Article 17
Numbering

1 - Suitable numbering resources shall be available for all publicly available electronic communications networks and services.

2 – The NRA is charged with:
a) Defining the guidelines and general principles of the National Numbering Plan;
b) Managing the National Numbering Plan according to the principles of transparency, efficiency, equality and non-discrimination, including the establishment of conditions for the allocation and use of national numbering resources;
c) Allocating numbering resources according to objective, transparent and non-discriminatory procedures;
d) Publishing the guidelines and general principles, as well as main components of the National Numbering Plan, subsequent additions or amendments thereto, allocation and retrieval procedures, which publication shall be subject only to limitations imposed on the grounds of national security;
e) Ensuring that an undertaking assigned a right to use a range of numbers does not discriminate against other providers of electronic communications services as regards the number sequences used to give access to its services;
f) Supporting the harmonisation of specific numbers or numbering ranges within the European Union where it promotes both the functioning of the internal market and the development of pan-European services, and coordinating its position with other competent bodies of the Union in respect of international organisations and forums in which decisions are taken on numbering issues, where such is appropriate in order to ensure full and global interoperability of services.

3 - The allocation of numbering resources to electronic communications services not available to the public may be provided for, where necessary and without prejudice to the guarantee of availability of numbering resources for publicly available services in conformity with the preceding paragraphs.

4 - Entities responsible for the allocation of names and addresses of electronic communications networks and services shall coordinate their positions with the other competent bodies of the European Union in international organisations and forums in which decisions are taken on these issues, where such is appropriate in order to ensure full global interoperability of services.

Article 18
Markets

The NRA is charged, under the terms of the present law, with defining and analysing relevant markets, identifying undertakings with significant market power and determining suitable measures in respect of undertakings providing electronic communications networks and services.

TITLE III
Provision of electronic communications networks and services

CHAPTER I
General provisions

Article 19
Provision of networks and services

1 - The freedom to provide electronic communications networks and services is hereby ensured.
2 - Without prejudice to the following paragraph, the provision of electronic communications networks and services, whether publicly available or not, shall be subject only to the general authorisation regime and shall not be dependent on any prior decision or act of the NRA.
3 - The use of numbers and frequencies is subject to the general authorisation regime pursuant to the preceding paragraph and depends, additionally, on the allocation by the NRA of rights of use, in all cases for numbers, and exceptionally for frequencies.
4 - The use of frequencies for electronic communications services, whether or not depending of the allocation of rights of use, is subject to the conditions for use of radio spectrum provided for in Decree-Law number 151-A/2000, of 20 July, as amended by Decree-Laws number 167/2006, of 16 August, and 264/2009, of 28 September.
5 - (Repealed).
6 - (Repealed).
7 - (Repealed).

Article 20
Amendment of rights and obligations

1 - The conditions, rights and procedures applicable to the exercise of the activity, including the rights of use or rights to install facilities, may only be amended in cases of objective justification and in accordance with the principle of proportionality, by means of law, regulation or administrative act, as appropriate.

2 - Amendments to rights of use for frequencies provided for in the preceding paragraph shall take into consideration the specific conditions applicable to transferable rights, under article 34.

3 - Amendments adopted pursuant to this article are subject to the general consultation procedure referred to in article 8, and interested parties, including users and consumers, shall be allowed a sufficient period of time to express their views on the proposed amendments, which shall be no less than 20 days, except in exceptional and duly justified circumstances.

4 - The previous paragraph shall not apply to minor amendments, which do not change the substantial nature of the general authorisations and the rights of use, namely not causing any comparative advantage, and which have been agreed with the holder of the general authorisation or rights of use.

CHAPTER II
General regime of authorisation

Article 21
Procedures

1 – Undertakings which intend to provide electronic communications networks and services shall previously submit to the NRA a short description of the network or service they wish to initiate and shall give notice of the date upon which the activity is estimated to commence, submitting also such details as are necessary for their full identification under terms to be defined by the NRA.

2 – Without prejudice to other items required by the NRA pursuant to the final part of the preceding paragraph, undertakings shall provide notification of the respective address which is to be used for notifications and other communications to be carried out by the NRA, and also to provide notification of any alteration to said address within 30 days of such alteration.

3 – Undertakings referred to in paragraph 1 shall obtain proof of said notification, via any legally acknowledged receipt, including postal or electronic.

4 – Following said notification, undertakings may immediately commence activity, subject to the limitations resulting from the allocation of rights to use frequencies and numbers.

5 – The NRA shall, within 5 days of the receipt of said notification, issue a declaration confirming its delivery, which declaration shall describe in detail the rights provided for in the present law in respect of access and interconnection and of instalment of resources, which presentation is intended to facilitate the exercise of such rights.

6 – The provisions of the preceding paragraphs shall be applicable whenever there is any alteration to the elements previously submitted.

7 - Undertakings that cease the provision of electronic communication networks or services are required to inform the NRA about it at least 15 days in advance.

Article 21-A
Undertaking register

1 - It is incumbent on the NRA to keep a register of undertakings providing electronic communications networks and services, which shall include, in particular, their full identification, address and activities pursued.

2 - Undertaking’s entry in the register shall be cancelled by the NRA where:
a) Undertakings notify termination of their activity, pursuant to paragraph 7 of the preceding article;
b) Notification of undertakings for more than 90 days proves to be impossible, without prejudice to the immediate settlement and collection of fees due and to the application of appropriate penalties.

Article 22
Rights of undertakings that provide publicly available electronic communications networks and services

Article 23
Rights of undertakings that provide electronic communications

networks and services not available to the public
No restrictions may be imposed that prevent undertakings or operators from negotiating agreements among themselves in respect of technical and commercial modalities of access and interconnection related to networks and services not publicly available.

Article 24
Rights of way

1 - Undertakings providing public communications networks or publicly available electronic communications services shall be ensured:
a) The right to request, pursuant to general law, the expropriation and the constitution of public easements indispensable to the installation, protection and maintenance of the respective systems, equipment and further resources;
b) The right to use the public domain, in conditions of equality, for the implanting, crossing or passing over necessary for the installation of systems, equipment and further resources.

2 - Undertakings providing electronic communications networks and services not available to the public are ensured the right to request the use of the public domain as necessary for the installation of systems, equipment and further resources.

3 - All authorities with jurisdiction over public domain shall develop and publish procedures for granting the rights referred to in the preceding paragraphs, which shall be efficient, simple, transparent and duly disclosed, non-discriminatory and quick, and a decision shall be provided within six months of the application, except in cases of expropriation.

4 - The conditions that apply to the exercise of rights referred in paragraphs 1 and 2 shall comply with the principles of transparency and non-discrimination.

5 - There shall be a guarantee that the function responsible for granting or defining the conditions for the exercise of rights provided for in the present article shall have effective structural separation from activities associated with ownership or control of undertakings operating in the sector over which public authorities, including local authorities, retain ownership or control.

6 - The right granted for the use of the public domain under the terms of this article may not be extinguished prior to the expiry of the period for which such right was granted, except where justified and without prejudice to applicable provisions in respect of compensation.

Article 25
Co-location and facility sharing

1 - In the cases referred to in paragraph 1 of the preceding article, undertakings shall promote among themselves the conclusion of agreements aimed at sharing property or facilities, either installed or to be installed, which agreements shall be notified to the NRA.

2 - Without prejudice to powers of local authorities, the NRA is entitled, following a consultation period of interested parties under article 8, to determine the sharing of resources or property, including buildings, entries to buildings, masts, antennae, towers and other supporting constructions, ducts, conduits, manholes, cabinets and other installations in the site, whether or not the owners thereof are undertakings providing electronic communications networks and services, in order to protect the environment, public health, public security or to meet town and country planning and landscape protection objectives, ensuring in all cases that the measures put in place are objective, transparent, non-discriminatory and compatible with the principle of proportionality.

3 - Determinations issued pursuant to the preceding paragraph may include rules for apportioning costs.

4 - In the event of sharing, the NRA may adopt measures that place restrictions on the operation of the facilities to be installed, namely a limit on the maximum levels of transmission power.

Article 25-A
Set-up of infrastructures suitable for the accommodation of electronic communications networks

Article 26
Access to ducts

1 - The concessionaire of the telecommunications public service shall, by agreement, provide undertakings providing public communications networks or publicly available electronic communications services with access to ducts, masts, other installations and property which it owns or manages, for the installation and maintenance of their systems, equipment and other facilities.

2 - The concessionaire of the telecommunications public service may request of undertakings providing public communications networks or publicly available electronic communications services an appropriate remuneration for the use of ducts, masts, other installations and property which it owns or manages, in respect of the installation and maintenance of their systems, equipment and other facilities.

3 - In the absence of an agreement, any party may request the intervention of the NRA, and the NRA shall determine, by means of a substantiated decision, the conditions governing access, namely the price, which shall be cost-orientated.

4 - For the purposes of paragraph 1, the concessionaire shall make available an offer of access to ducts, masts, other installations and property, which offer shall include the conditions of access and usage, in accordance with terms to be established by the NRA.

5 - (Repealed.)
6 - (Repealed.)
7 - (Repealed.)

Article 27
General conditions

1 - Without prejudice to other conditions provided for in general law, undertakings providing electronic communications networks and services may be subject in the exercise of their activity to the following conditions:
a) Interoperability of services and interconnection of networks;
b) Obligations of access that do not include the specific conditions set forth in article 28, but which may include, among others, rules in respect of the restrictions of provision;
c) Transparency obligations on operators of public communications networks providing electronic communications services available to the public to ensure end-to-end connectivity, in conformity with the objectives and principles set out in article 5, disclosure regarding any conditions limiting access to and/or use of services and applications where such conditions are allowed in conformity with the law, and, where necessary and proportionate, access by the NRA to such information needed to verify the accuracy of such disclosure;
d) Maintenance of the integrity of public networks, namely including by conditions to prevent electromagnetic interference between electronic communications networks and/or services, in accordance with Decree-Law number 325/2007, of 28 September, as amended by Decree-Law number 20/2009, of 19 January;
e) Terms of use for communications from public authorities to the general public for warning the public of imminent threats and for mitigating the consequences of major catastrophes, as well as terms of use during major disasters or national emergencies to ensure communications between emergency services and authorities;
f) Security of public networks against unauthorised access according to legislation governing personal data and privacy protection in respect of electronic communications;
g) Environmental and town and country planning requirements, as well as requirements and conditions linked to the granting of access to public or private land and conditions linked to co-location and facility sharing, including, where applicable, any financial or technical guarantees necessary to ensure the proper execution of infrastructure works;
h) Personal data and privacy protection with specific respect to electronic communications, in accordance with legislation governing personal data and privacy protection;
i) Terms of use for frequencies, pursuant to Decree-Law number 151-A/2000 of 20 July, as amended by Decree-Laws number 167/2006, of 16 August, and 264/2009, of 28 September, where that use is not subject to the allocation of rights of use, as specified in the NFAP;
j) Accessibility by end users to numbers of the National Numbering Plan, numbers of the European Telephone Numbering Space, to Universal International Freephone Numbers, and, where technically and economically feasible, to numbers of numbering plans of other Member States, and respective conditions in conformity with this law;
l) Consumer protection rules specific to the electronic communications sector, including conditions in conformity with this law, and conditions on accessibility for users with disabilities in accordance with article 91;
m) Measures regarding the limitation of exposure of the general public to electromagnetic fields caused by electronic communications networks in accordance with applicable law;
n) Measures designed to ensure compliance with the standards and/or specifications referred to in article 29;
o) Installation, at the undertaking’s own expense, and provision of systems of legal interception to competent national authorities, as well as the supply of means of decryption or decoding where these facilities are present, in accordance with legislation governing personal data and privacy protection within the scope of electronic communications;
p) “Must carry” obligations in accordance with article 43;
q) Restrictions on the transmission of illegal content, in accordance with Decree-Law number 7/2004, of 7 January, as amended by Decree-Law number 62/2009, of 10 March, and the transmission of harmful content, in accordance with Law number 27/2007, of 30 July, as amended by Law number 8/2011, of 11 April;
r) Financial contributions to the funding of the universal service in accordance with articles 95 to 97;
s) Fees, in accordance with article 105;
t) Information to be provided under the procedure of notification set out in article 21 and for the purposes set forth in article 109.

2 - The NRA shall specify which conditions, among those referred to in the preceding paragraph, shall apply to electronic communications networks and services, for which purpose it may establish categories.

3 - The conditions to be defined by the NRA under the terms of the preceding paragraph shall be objectively justified in respect of the network or service under consideration, particularly in respect of its availability to the public, and shall be non-discriminatory, proportionate and transparent.

4 - (Repealed.)

Article 28
Specific conditions

The definition of conditions pursuant to the preceding article is without prejudice to the imposition on undertakings providing electronic communications networks and services of specific obligations in accordance with the rules and in the situations set forth in the present law:
a) In respect of access and interconnection, under the terms of paragraph 1 of article 63 and articles 66, 73, 77 and 78;
b) In respect of controls over retail markets, under the terms of article 85;
c) In respect of universal service, regarding the respective providers;
d) (Repealed.)

Article 29
Standardisation

1 – Without prejudice to rules defined as mandatory at European Union level, the NRA, to the extent strictly necessary to ensure interoperability of services and to broaden freedom of choice for users, shall encourage the use of non-mandatory technical standards and specifications, in order to foster the harmonised provision of electronic communications networks and services and associated facilities and services; such standards and specifications shall be based on the list drawn up by the European Commission and published in the Official Journal of the European Communities, pursuant to Directive no 2002/21/EC of the European Parliament and of the Council of 7 March, as amended by Directive 2009/140/EC of the European Parliament and of the Council, of 25 November.

2 – The NRA shall promote the publication in its website of the reference to the publication in the Official Journal of the European Communities of the list of standards and specifications regarding the harmonised provision of electronic communications networks and services and associated facilities and services referred to in the final part of the preceding paragraph.

3 – While the list referred to in paragraph 1 has not been published, the NRA shall encourage the implementation of standards and specifications adopted by the European standards organisations.

4 – In the absence of standards referred to in the preceding paragraph, the NRA shall encourage the implementation of international standards or recommendations adopted by the International Telecommunication Union (ITU), the European Conference of Postal and Telecommunications Administrations (CEPT), the International Organisation for Standardisation (ISO) and the International Electrotechnical Commission (IEC).

5 – Without prejudice to the standards and specifications referred to in the preceding paragraphs, technical specifications may be issued at national level.

6 - The competent national authorities shall encourage the European standards organisations to use international standards where such standards exist, or the relevant parts thereof, as a basis for the standards they develop, except where such standards or parts thereof would be ineffective.

CHAPTER III
Rights of use

Article 30
Allocation of rights of use for frequencies

1 - The use of frequencies depends on the allocation of rights of use only where this is necessary to:
a) Avoid harmful interference;
b) Ensure technical quality of service;
c) Safeguard efficient use of spectrum;
d) Meet another general interest objective defined in the law.

2 - Rights of use for frequencies may be granted both to providers of electronic communication networks or services and to bodies that use such networks or services, under the applicable rules.

3 - Without prejudice to specific criteria and procedures for the granting of rights of use for frequencies to television and distribution operators and to radio operators, such rights of use shall in pursuit of general interest objectives, be allocated by means of procedures which are open, objective, transparent, proportional and non-discriminatory, in accordance with article 16-A.

4 - In cases where the granting of rights of use for frequencies to television and distribution operators and to radio operators is necessary to achieve a general interest objective as defined in conformity with the law, the NRA may establish an exception to the requirement of open procedures.

5 - The granting of rights of use for frequencies may arise from a full accessibility regime or may be subject to competitive or comparative selection procedures, namely auction or tender.

6 - The granting of rights of use for frequencies is subject to an application, under the following terms:
a) In a full accessibility situation, the application must be submitted to the NRA including such items as are necessary to prove the ability of the applicant to comply with the conditions associated with the right of use, established in article 32, under the terms to be defined by the NRA;
b) In a situation of competitive or comparative selection procedure, as provided for in the following article, the application shall meet the requirements set out in the regulations for allocation of the respective rights of use.

7 - It is incumbent on the member of the Government in charge of the communications area to approve regulations for allocation of rights of use for frequencies where such regulations involve competitive or comparative selection procedures, and where such allocation involves frequencies which are being made available for the first time within electronic communications, or otherwise where such frequencies are intended to be used for new services.

8 - It is incumbent on the NRA to approve regulations for allocation of rights of use for frequencies in those cases not covered by the preceding paragraph.

9 - The decision on the allocation of rights of use for frequencies shall be taken, notified and made public within the following periods:
a) In a full accessibility situation, within 30 days at the most, without prejudice to any applicable international agreements on the use of radio frequencies or to orbital positions;
b) In a situation of competitive or comparative selection procedure, for as long as is necessary to ensure that such procedures are fair, reasonable, open and transparent to all interested parties, up to a maximum period of eight months, without prejudice to any international agreements that apply to the use of frequencies and to the coordination of satellite networks.

10 - In the event that the use of frequencies has been harmonised at European Union level, and within this context, that access conditions and procedures have been agreed and that undertakings to which frequencies that are to be allocated have been selected, in accordance with international agreements and Community rules, the NRA shall grant the right of use for such frequencies in accordance with such rules, and provided that all national conditions for using such frequencies have been met, no further conditions, additional criteria or procedures which restrict, alter or delay the correct implementation of the allocation of such frequencies may be imposed in the scope of a common selection procedure.

Article 31
Limitation of the number of rights of use for frequencies

1 - The number of rights of use to be granted may only be limited in the event that such limitation is necessary to ensure the efficient use of radio frequencies.

2 - Where the NRA intends to limit the number of rights of use to be granted, it shall, in particular, give due weight to the need to maximise benefits for users and to facilitate the development of competition.

3 - In the cases provided for in the preceding paragraph and without prejudice to other measures deemed appropriate, the NRA shall:
a) Launch the general consultation procedure set forth in article 8, hearing, in particular users and consumers;
b) Publish a duly substantiated decision to limit the number of rights of use to be granted, establishing at the same time the procedure for allocation, which may consist of a full accessibility regime or a competitive or comparative selection, namely an auction or competition;
c) Launch the procedure for the presentation of applications for the allocation of rights of use under the terms defined.

4 - Where the number of rights of use to be granted is limited, the procedures and selection criteria shall be objective, transparent, non-discriminatory and proportional, and shall take due account of the objectives set forth in article 5, as well as the regime laid down in article 16-A.

5 - The NRA shall review the limits imposed on the number of rights of use under the terms of article 16 and 16-A, regularly or at a reasonable request of interested parties, and where the authority concludes that new rights of use may be granted, it shall publish such decision and instigate the procedure for allocating such rights, in accordance with paragraph 3.

Article 32
Conditions attached to rights of use for frequencies

1 - Without prejudice to other conditions resulting from general law and to those set out in paragraph 1 of article 27, rights of use for frequencies shall only be subject to the following conditions:
a) Obligation to provide a service or to use a type of technology, including, where appropriate, coverage and quality requirements;
b) Effective and efficient use of frequencies in conformity with article 15, including, where appropriate, namely in order to prevent spectrum hoarding, the setting out of deadlines for the effective exploitation of the rights of use by the respective holder;
c) Technical and operational conditions necessary to avoid harmful interference and for the limitation of exposure of the general public to electromagnetic fields, where such conditions are different from those referred to in point m) of paragraph 1 of article 27;
d) Maximum period, in conformity with the following article, subject to any amendments introduced to the NFAP;
e) Transfer of rights at the initiative of the respective holder, and conditions for such transfer in accordance with article 34;
f) Fees, in accordance with article 105;
g) Any commitments which the undertaking obtaining the right of use has made in the course of a competitive or comparative selection procedure;
h) Obligations under relevant international agreements relating to the use of frequencies;
i) Specific obligations for the experimental use of frequencies.

2 - The conditions attached to the rights of use or frequencies shall comply with article 16-A and with the regime set out in paragraphs 2 and 3 of article 27.

Article 33
Duration and renewal of rights of use for frequencies

Article 34
Transfer or lease of rights of use for frequencies

1 - Undertakings may transfer or lease their rights of use for frequencies to other undertakings in accordance with conditions attached to those rights of use and with procedures established in this article, where the transfer or lease of such rights has not been explicitly prohibited by the NRA and published in the NFAP.

2 - The prohibition referred to in the preceding paragraph may be established for the full term of the right or for a shorter period of time.

3 - The NRA shall not prevent the transfer or lease of rights of use in the bands for which this is provided in the implementing measures approved for the purpose by the European Commission, in accordance with Directive 2002/21/EC, of the European Parliament and of the Council of 7 March, as amended by Directive 2009/140/EC of the European Parliament and of the Council, of 25 November 2009.

4 - Holders of rights of use for frequencies shall notify the NRA of their intention to transfer or lease those rights, as well as the conditions to do so.

5 - In case rights of use for frequencies are transferred or leased according to the preceding paragraph, it is incumbent on the NRA to ensure that:
a) The intention to transfer or to lease rights to use frequencies, as well as the effective transfer or lease thereof is made public;
b) The transfer or lease does not distort competition, namely due to the accumulation of rights of use;
c) Frequencies are efficiently and effectively used;
d) The frequency use is complied with where it has been harmonised through the application of Decision No 676/2002/EC of the European Parliament and of the Council of 7 March (Radio Spectrum Decision) or other Community measures;
e) The restrictions set forth in the law in respect of radio and television broadcasting are safeguarded.

6 - In the case of transfer or lease of rights of use, it is incumbent on the NRA to address the contents of the communication provided for in paragraph 4 within 45 days at the most, being entitled, for duly justified reasons, to oppose the intended transfer or lease of rights of use, as well as to impose the necessary conditions for compliance with the provision in the preceding paragraph.

7 - In the situation referred to in the preceding paragraph, the NRA shall request the prior opinion of Autoridade da Concorrência, which shall be issued within a 10-day period of time from the date of the request, save where the complexity of the matter requires an extension.

8 - The silence of the NRA, after the elapse of the period referred to in paragraph 6, should be interpreted as non-opposition to the transfer or lease of rights of use, however the effective transfer or lease must still be notified.

9 - The transfer or lease of rights of use shall not suspend nor interrupt the period for which the respective rights were granted, without prejudice to their renewal under the preceding article.

10 - Conditions attached to rights to use frequencies shall continue to apply after the transfer or lease of the referred rights, unless otherwise specified by the NRA.

11 - The NRA may determine rules that apply to the transfer and lease of rights of use for frequencies, following the general consultation procedure provided for in article 8.

12 - Where a right of use for frequencies is not transferable or cannot be leased under this article, it is incumbent on the NRA to ensure that the reasons that required the allocation of the right of use, as well as the impossibility to transfer or lease it, remain for the full duration of the right.

13 - For the purposes of the preceding paragraph, where the reasons that required the allocation of the right of use, as well as the impossibility to transfer or lease it, no longer exist, the NRA, at a substantiated request from the holder of the right, shall adopt all necessary measures to revoke the right of use, the use of frequencies being subject to the general authorization regime, or to the amendment of the referred right of use, removing the impossibility to transfer or lease it.

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 rights of use for frequencies

1 - It is incumbent on the NRA to ensure that the flexibility in the use of frequencies, resulting in particular from removing restrictions to technological and service neutralities, as well as the accumulation of rights of use for frequencies, resulting from transfers or leases, does not lead to competition distortions.

2 - For the purposes of the preceding paragraph, the NRA may adopt appropriate measures, namely:
a) To impose conditions attached to the rights of use for frequencies, pursuant to article 32, including the setting out of deadlines for the effective exploitation of the rights of use by the respective holder;
b) To order a holder, in a specific case, to transfer or lease its rights of use for frequencies;
c) To limit the amount of spectrum to be allocated to the same holder in procedures for the allocation of rights of use for frequencies.

3 - The measures imposed pursuant to the preceding paragraph shall be applied in a proportionate, non-discriminatory and transparent manner.

4 - Without prejudice to other applicable penalties, failure to comply with measures provided for in this article may determine the partial or full withdrawal by the NRA of the respective rights of use for frequencies, being adopted for this purpose the procedure provided for in article 110.

Article 36
Allocation of rights of use for numbers

1 - The use of numbers depends on the allocation of rights of use.

2 - Rights of use for numbers may be allocated both to providers of electronic communication networks or services and to bodies that use such networks or services, under the applicable rules.

3 - Rights of use for numbers shall be allocated by means of procedures which are open, objective, transparent, non-discriminatory and proportional.

4 - Without prejudice to the preceding paragraph, the NRA may decide, following the general consultation procedure under article 8, that rights for use of numbers of exceptional economic value are to be granted through competitive or comparative selection procedures, namely tender or auction, identifying them in accordance with point d) of paragraph 2 of article 17.

5 - The decision on the allocation of rights of use for numbers shall be taken, notified and made public within the following maximum periods:
a) 15 days, in the case of numbers allocated for specific purposes within the National Numbering Plan;
b) 30 days, where rights for use for numbers are subject to competitive or comparative selection procedures.

Article 37
Conditions attached to rights of use for numbers

Article 38
Transfer of rights of use of numbers

The rights of use of numbers may be transferred under terms and conditions to be established by the NRA, which terms and conditions shall provide mechanisms intended to safeguard, in particular, the effective and efficient use of numbers and rights of users.

CHAPTER IV
Operating rules applicable to undertakings providing public communications networks and publicly available services

Article 39
Protection of users and subscribers

1 - Under the present law, the following rights are conferred upon users:
a) Equal access to provided networks and services;
b) To obtain, in a timely manner and prior to the conclusion of any contract, written information on conditions governing access to and use of the service, pursuant to article 47;
c) To be given a minimum of 15 days notice in the event of the termination of provision.

2 - Under the present law, the following rights are conferred upon end-users:
a) To obtain information on the quality of service, as provided for in article 40;
b) To obtain information on European telephone access codes, as provided for in article 44;
c) To have access to complaint handling procedures, in conformity with article 48-A;
d) To access directory information services, pursuant to paragraph 2 of article 50;
e) To access emergency services, pursuant to article 51;
f) To obtain, where technically and economically viable, the additional resources provided for in paragraph 1 of article 53;
g) To resort to out-of-court dispute settlement mechanisms.

3 - Under the present law, the following rights are conferred upon subscribers:
a) To be informed in writing no later than 10 days before of the suspension of the service provision, in case of failure to pay invoices, as provided for in paragraph 2 of article 52;
b) To access services contracted in a continuous manner, without undue interruptions or suspensions;
c) To obtain itemised bills, where requested;
d) To be provided with selective call-barring facilities as well as access to audiotext services, pursuant to article 45;
e) To receive in a timely manner all information on the database of subscribers who have failed to meet their payment obligations, according to article 46;
f) To be provided with information, pursuant to article 47-A;
g) To conclude contracts with the specification required in article 48;
h) To be listed in directories and directory enquiry services, as provided for in paragraph 1 of article 50;
i) To be provided with information on the suspension and extinction of the service, pursuant to article 52;
j) To be provided with number portability, pursuant to article 54.

4 - The information mentioned in point c) of paragraph 1 shall be likewise notified to the NRA within the same period of time.

5 - For the purposes of point c) of paragraph 3, and without prejudice to provisions on processing of personal data and the protection of privacy in the electronic communications sector, the NRA may define the minimum level of detail and information which undertakings must ensure for free to subscribers who request itemised bills.

6 - It is incumbent on the NRA to determine compliance on undertakings providing public communications networks or publicly available electronic communications services with conditions and requirements needed to ensure that disabled end-users obtain access to electronic communications services on equivalent terms as those offered to the majority of end-users, that they can also take advantage of the choice of undertakings and service providers available to the majority of users, as well as, where appropriate and to a proportional extent, that users in general are provided with additional services and facilities provided for in paragraphs c), d), f) and g) of paragraph 1 of article 94.

Article 40
Quality of service

Article 41
Accounting separation

1 - Undertakings that provide public communications networks or publicly available electronic communications services which enjoy special or exclusive rights for the provision of services in other sectors in the same or another Member State, shall be provided with a separate accounting system for activities related to the provision of electronic communications networks and services, which shall be subject to an independent audit to be carried out by a body appointed by the NRA or accepted by it; otherwise such undertakings shall create different legal entities for the corresponding activities.

2 - Undertakings with an annual turnover lower than EUR 50 million may be exempted by the NRA from the obligations provided for in the preceding paragraph.

3 - Undertakings that provide public communications networks or publicly available electronic communications services which, under the terms of specific legislation applicable to them, are not subject to an accounting control, shall draw up and submit the respective financial reports, on an annual basis, to an independent audit, and publish them.

Article 42
Structural separation and other measures

1 - Undertakings providing public communications networks shall operate their cable television network through legally independent bodies where:
a) They are controlled by a Member State or enjoy special rights;
b) They have a dominant position in a substantial part of the market in respect of the provision of public electronic communications networks and of publicly available telephone services;
c) They operate a cable television network created under special or exclusive rights in the same geographic area.

2 - For the purposes of point b) of the preceding paragraph, ‘publicly available telephone services’ means services provided for the commercial provision of direct transport of real-time speech via the public switched network or networks such that any user can use equipment connected to a network termination point at a fixed location to communicate with another user of equipment connected to another termination point.

3 - Public undertakings which established their networks under special or exclusive rights, which are vertically integrated and which have a dominant position shall be subject to such measures of the NRA as are suitable in order to ensure the principle of non-discrimination.

Article 43
«Must carry» obligations

1 - It is incumbent on the NRA to impose “must carry” obligations, for the transmission of specific radio and television programme services and complementary services, in particular accessibility services to enable appropriate access for disabled end-users, as specified under the law by the competent body of the media area, upon undertakings providing public communications networks used for the distribution of radio or television programme services to the public, where a significant number of end-users of such networks use them as their main means to receive radio and television broadcast channels.

2 - The obligations set out in the preceding paragraph shall be imposed only where they are necessary to meet clearly defined objectives of general interest and shall be reasonable, proportionate, transparent and subject to a regular review.

3 - The NRA may determine appropriate remuneration in respect of imposed “must carry” obligations, which remuneration shall be applied in a proportionate and transparent manner, while ensuring that, in equivalent circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks.

Article 44
European telephone access codes

Article 44-A
Harmonised numbers for services of social value

Article 45
Selective barring of communications

1 - Undertakings that provide public communications networks or publicly available electronic communications services which support the provision of audio-text services shall ensure, as a rule, that access to such services is barred at no charge, and that such services may only be activated, generally or selectively, following a written request on the part of the respective subscribers.

2 - The preceding paragraph does not apply to televoting audio-text services, access to which is granted automatically to the user.

3 - Undertakings that provide public communications networks or publicly available electronic communications services which support the provision of value-added message-based services, including SMS or MMS, shall ensure, as a rule, that access to such services is barred at no charge, and that such services may only be activated, generally or selectively, following a written request on the part of the respective subscribers.

4 - The NRA may set out the requirements to show the fulfilment of conditions for requesting the barring or unblocking of services provided for in the preceding paragraphs.
5 - Where appropriate, the NRA may impose on undertakings that provide public communications networks or publicly available electronic communications services that, at the request of the respective subscribers, they ensure the selective and free barring for outgoing or incoming communications of similar applications to those mentioned in paragraph 3 or for other defined types of numbers.

6 - Where required by the competent authorities, undertakings providing public communications networks or publicly available electronic communications services shall block, on a case-by-case basis, access to numbers or services and withhold relevant interconnection revenues, where this is justified by reasons of fraud or misuse.

Article 46
Contract prevention mechanisms

1 - Undertakings providing electronic communications networks and services are entitled by this law, directly or through their representative associations, to establish and manage mechanisms that enable the identification of subscribers who have failed to meet their payment obligations in respect of concluded contracts, which mechanisms shall include the establishment of a shared database.

2 - The database management body shall set out the respective conditions of operation, requesting the prior opinion of the NRA, and submit these conditions to Comissão Nacional de Protecção de Dados (the National Commission for Data Protection) for approval.

3 - The established mechanisms shall respect the following conditions, without prejudice to the applicable regime on protection of personal data and privacy:
a) The included data shall be restricted to those items that are absolutely necessary for the identification of non-compliant subscribers;
b) Guarantee of the right to access, rectify and update data by the respective holder;
c) Obligation to include in contracts or to expressly warn subscribers who have already concluded a contract that their data may be entered in the database in the event of non-compliance with contractual obligations, making clear the debt amount as from which subscriber data are entered in the database, and mechanisms that can be used to prevent that entry;
d) Guarantee that prior to the entry of subscriber data in the database, subscribers are notified to remedy the failure to comply with the contract, settle their debts or prove that such debts do not exist or cannot be required;
e) Obligation to inform subscribers, within 5 days, that their data have been included in the database;
f) Undertakings wishing to gain access to items included shall likewise provide the necessary items in respect of contracts which they have concluded and in respect of which there are sums overdue;
g) All items received shall be used exclusively by those undertakings participating in the established mechanisms, and the full or partial transmission of such items to third parties or the use of such items for purposes other than those which are set out in the preceding paragraph is prohibited;
h) Immediate removal of all elements concerning the subscriber after debts are settled or where their value is lower than that provided for in point a) of paragraph 4;
i) Non-inclusion of data concerning subscribers who have shown evidence that debts do not exist or cannot be required, or while arguments presented to challenge the existence of the debt are assessed by the operator or service provider, or during the performance of the agreement for payment, as well as of data on subscribers who have invoked the exception of contract infringement or have claimed or contested the presented billing;
j) The guarantee of the right of subscribers to compensation, pursuant to general law, in the event that their data is unduly included the established mechanisms.

4 - The operating conditions of the database shall ensure compliance with the provisions of the preceding paragraph and shall consist, in particular, of:
a) The minimum overdue amount which shall cause the subscriber to be included in the database, which amount shall not be less than the 20% of the minimum monthly wage;
b) Identification of situations of non-compliance which may be entered in the database, possibly making a distinction between categories of subscribers in view the sums overdue;
c) Establishment of a period of delay following which inclusion in the database is permitted;
d) Identification of data which may be included;
e) Maximum period which data may remain in the database.

5 - Undertakings providing electronic communications networks and services may refuse to conclude a contract with a subscriber who has not settled overdue amounts in respect of previously concluded contracts with the same or another undertaking, except where the subscriber concerned has cited breach of contract, or has complained against or appealed the presented bill.

6 - The regime provided for in the preceding paragraph shall not apply to universal service providers, which may not refuse to enter into a contract within the universal service scope, without prejudice to their right to require the provision of guarantees.

Article 47
Obligation to publish information

1 - Undertakings providing public electronic communications networks or publicly available electronic communications services must make available to the public adequate, transparent, comparable and up-to-date information on standard terms and conditions in respect of access to, and use of, services provided to end-users and consumers, setting out in detail the applicable prices and any other charges, as well as, where appropriate, those due on termination of a contract.

2 - For the purposes of the preceding paragraph, such undertakings shall publish and ensure that the following information is made available and is easily accessible on their websites and on their services’ points of sale, as defined by the NRA:
a) Identification of the provider, indicating the name, contact details and head office address of the undertaking providing public communications networks or publicly available services;
b) Information on publicly available electronic communications services being provided, including, inter alia, the following elements:
i. Description of the services offered, as well as of the several features and functionalities included, indicating the geographical area where they are provided;
ii. Levels of quality of service provided;
c) Standard tariffs indicating the services provided and the content of each tariff element, specifically including charges for access, usage and maintenance, details of standard discounts applied and special and targeted tariff schemes, any additional charges, as well as costs with respect to terminal equipment and charges due on termination of a contract;
d) Compensation or refund systems, including specific details on the respective schemes, where offered;
e) Types of maintenance service offered;
f) Standard contract conditions, including any minimum contractual period, conditions for termination of the contract and procedures and charges related to the portability of numbers and other identifiers, if relevant, as well as formalities and documents to be submitted with the portability application to terminate the contract;
g) Dispute settlement mechanisms, including those developed by the undertaking providing the network or service.

3 - Undertakings obliged to publish and make available the information referred to in the preceding paragraphs shall notify such information to the NRA.

4 - Information published by undertakings pursuant to the preceding paragraphs may be used free of charge for the purposes of selling or making available interactive guides or similar techniques for informing and comparing provision conditions enabling consumers and other end-users to make an independent evaluation of the cost of alternative usage patterns.
5 - The NRA shall promote or ensure the provision to the public of mechanisms referred to in the preceding paragraph, namely where such facilities are not available on the market free of charge or at a reasonable price.

Article 47-A
Obligation to provide information to subscribers

2 - It is incumbent on the NRA to determine the form and frequency of provision to subscribers of information referred to in the preceding paragraph, and, in the case of information provided for in point a), for certain categories of services, the NRA may require such information to be provided immediately prior to connecting the call.

3 - Undertakings referred to in paragraph 1 shall distribute to subscribers, upon request from the competent public authorities, public interest information free of charge, where appropriate, by the same means as those ordinarily used by them in their communications with such subscribers.

4 - Information referred to in the preceding paragraph shall be provided by the relevant public authorities in a standardised format and shall, inter alia, cover the legal consequences of using electronic communications services to engage in unlawful activities or to disseminate harmful content, including infringements of copyright and related rights, as well as information on means of protection against risks to personal security, privacy and personal data when using electronic communications services.

5 - The public authority requesting the disclosure of information referred to in paragraphs 3 and 4 shall be exclusively responsible for it, and such information shall be limited to the space defined by undertakings subject to the obligation to publish it, without hindering or preventing the clear perception of information on conditions for the provision of electronic communications services.

Article 48
Contracts

1 - Without prejudice to rules on consumer protection, the provision of public communications network or publicly available electronic communications services shall be subject to a contract that must specify, in a clear, comprehensive and easily accessible form, the following elements:
a) The identity and address of the supplier;
b) Services provided, the minimum service quality levels offered, namely the time for the initial connection, as well as other quality of service parameters, as defined pursuant to article 40;
c) Restrictions imposed on the use of terminal equipment supplied, any conditions limiting access to and/or use of services, and procedures put in place to shape traffic so as to avoid filling or overfilling the contracted capacity, indicating in this case how those procedures could impact the service quality;
d) Information as to whether or not access to emergency services is provided, caller location information, and information of any limitations on the provision of emergency services under article 51;
e) The types of maintenance service offered and customer support services provided, as well as the means of contacting these services;
f) Details of prices, the means by which up-to-date information on all applicable tariffs and maintenance charges may be obtained, payment methods offered and any charges or penalties due to payment method;
g) The duration of the contract and the conditions whereby the contract or services may be renewed, suspended or terminated;
h) Any compensation and the refund arrangements which apply if contracted levels of service quality are not met;
i) The means of initiating procedures for the settlement of disputes in accordance with article 48;
j) Conditions for the provision of itemised bills;
l) Explicit indication of the subscriber’s willingness in respect of the inclusion or not of their respective personal information in a public directory and on its disclosure through the directory enquiry service, whether or not the transfer thereof to third parties is involved, pursuant to legislation on protection of personal data;
m) Indication of the possibility of entering subscriber’s data on the database provided for in article 46;
n) The type of action that might be taken by the provider in reaction to network security or integrity incidents or threats and vulnerabilities;
o) Means of subscriber protection against risks to personal security, privacy and personal data.

2 - Information on the duration of contracts shall indicate whether there is any minimum contractual period, namely associated to the provision of promotional terms, any charges with terminal equipment or related to portability of numbers and other identifiers, as well as any charges due on early termination of the contract on the subscriber’s initiative, including any cost recovery with respect to terminal equipment.

3 - Contracts concluded between consumers and undertakings providing electronic communications services shall not mandate an initial commitment period that exceeds 24 months.

4 - Undertakings providing publicly available electronic communications services shall offer all users the possibility to subscribe to a contract with a maximum duration of 12 months.

5 - Without prejudice to any minimum contractual period, pursuant to the preceding paragraph, undertakings shall not impose disproportionate conditions or procedures for contract termination that are excessively burdensome and that act as a disincentive against changing service provider.

6 - Where the undertaking decides to amend any of the contractual conditions referred to in paragraph 1, it shall give subscribers a written prior notice of not less than one month, in appropriate form, and at the same time inform subscribers of their right to withdraw, without penalty, from such contracts, in the event that they do not accept the new conditions, within the time limit set out in the contract.

7 - The provision in the preceding paragraph shall not apply to contractual amendments where an objective advantage for the subscriber can be identified, nor does it exclude compensatory measures laid down in case of early termination by subscribers of contracts including minimum contractual periods.

8 - Undertakings that provide public communications networks or publicly available electronic communications services shall deposit with the NRA and the Direcção-Geral do Consumidor (DGC - the Consumer Directorate-General) a copy of contracts which involve, at least in part, the subscription of standard terms and conditions used for the provision of networks and services.

9 - The deposit referred to in the preceding paragraph shall take place no more than two days preceding the date on which the subscription contract begins to be used, and where it is aimed to replace a prior contract, it must indicate the model which the deposited contract is intended to replace.

10 - The NRA may determine that undertakings that provide public communications networks or publicly available electronic communications services cease or adapt immediately the use of standard contracts where it verifies the failure to comply with legal rules it must enforce or with any determination issued under its competencies, using for this purpose the procedure laid down in article 110.

Article 48-A
End-users’ complaints

Article 48-B
Out-of-court settlement of disputes

Article 49
Availability of services

Article 50
Telephone directory enquiry services

1 - Subscribers to publicly available telephone services have the right to have an entry in the publicly available directory referred to in point a) of paragraph 1 of article 89, and to have their personal data made available to providers of publicly available directory enquiry services and directories.

2 - End-users of publicly available telephone services have the right to access directory enquiry services provided to the general public, being incumbent on the NRA, where appropriate to ensure that right, to impose measures, namely obligations, under article 77.

3 - Regulatory restrictions which prevent end-users in one Member State from accessing directly the directory enquiry service in another Member State by voice call or SMS shall not be imposed.

4 - Undertakings which assign telephone numbers to subscribers shall meet all reasonable requests for the supply of the relevant information on the respective subscribers for the purposes of the provision of publicly available directory enquiry services and directories, in an agreed format and on terms which are fair, objective, cost oriented and non-discriminatory.

5 - This article shall apply subject to the requirements of legislation on the protection of personal data and privacy, in particular in the scope of electronic communications.

Article 51
Emergency services and the single European emergency call number

Article 52
Suspension or termination of services

1 - Undertakings that provide public communications networks or publicly available electronic communications services shall only suspend the provision of services following an appropriate due warning given to the subscriber, save in unforeseeable circumstances or force majeure.

2 - In the event of non-payment of bills, the suspension may only take place following a written warning to the subscriber, at least 10 days in advance, that justifies the suspension and informs the subscriber of the means at its disposal to avoid it.

3 - In the cases provided for in the preceding paragraph, the subscriber is entitled to pay and settle only part of the sums due according to the bill, and any service interruption shall be limited to the service concerned, as far as such limitation is technically feasible, except in cases of fraud or of persistent late or non-payment.

4 - During the period of suspension and up to the termination of service, the subscriber is entitled to make calls that do not incur a charge, such as those made to the single European emergency call number.

5 - Service termination for non-payment of bills may only take place after the debt falls due and following an appropriate due warning of eight days given to the subscriber.

Article 53
Provision of additional facilities

1 - Undertakings that provide public communications networks or publicly available electronic communications services shall make available to end-users, where technically and economically feasible, the following facilities:
a) Dual-tone multifrequency operation (DTMF) ensuring that the public communications network or publicly available telephone services supports the use of DTMF tones as defined in ETSI ETR 207, for end-to-end signalling throughout the network;
b) Calling-line identification, in accordance with relevant legislation on protection of personal data and privacy, in particular those specifically applicable in respect of electronic communications.

2 - The NRA shall, following the general consultation procedure provided for in article 8, waive the need to comply with the provision of the preceding paragraph, in all or part of the national territory, where the NRA considers that there is sufficient access to the facilities mentioned therein.

Article 54
Number portability

1 - Without prejudice to other forms of portability that may be determined, all subscribers with numbers included in the National numbering Plan who so request are entitled to retain their number or numbers, in respect of the same service, irrespective of the undertaking providing the service, in the case of geographic numbers, at a specific location, and in the case of the remaining numbers, throughout national territory.

2 - Undertakings responsible for the portability process must ensure that the transfer of a subscriber from one undertaking to another, and the portability activation, is carried out within the shortest possible time, respecting the express wishes of the subscriber.

3 - Where the subscriber has concluded an agreement to port a number, the effective porting of the number to the new undertaking shall occur within one working day at the most, and the loss of service shall not exceed that period of time.

4 - Wholesale tariffs related to the provision of number portability shall be cost-oriented, and any direct charges to subscribers shall not act as a disincentive for subscribers against changing service provider.

5 - The NRA is charged with ensuring that undertakings provide subscribers with appropriate and transparent information on the prices applicable to portability operations and to calls made to ported numbers.

6 - The NRA shall not impose retail tariffs for the porting of numbers in a manner that would distort competition, such as by setting specific or common retail tariffs.

7 - It is incumbent on the NRA, following the general consultation procedure provided for in article 8, to determine the necessary rules for the implementation of portability, including the definition of the global process of the porting of numbers, taking into account national provisions on contracts, the technical feasibility and the need to maintain continuity of service to the subscriber, as well as subscriber protection mechanisms, namely setting compensations to be paid by undertakings in case of delay in porting or abuse of porting.

CHAPTER V
Security and integrity of networks and services

Article 54-A
Obligations of undertakings concerning security and integrity matters

1 - Undertakings providing public communications networks or publicly available electronic communications services shall take appropriate technical and organisational measures to appropriately prevent, manage and reduce the risks posed to security of networks and services, aiming in particular to prevent or minimise the impact of security incidents on interconnected networks, at national and international level, and users.

2 - Undertakings providing public communications networks shall take all appropriate steps to guarantee the integrity of their networks, ensuring the continuity of supply of services provided over those networks.

3 - Measures provided for in paragraph 1 shall be appropriate to the risk presented having regard to the state of the art.

Article 54-B
Notification obligations

Article 54-C
Implementing measures

Article 54-D
Additional requirements

Article 54-E
Information obligations on the NRA

Article 54-F
Audits and provision of information

Article 54-G
Binding instructions and investigation

TITLE IV
Market analysis and regulatory control

CHAPTER I
Market analysis procedure and imposition of obligations

Article 55
Scope and general principles

1 – The present title applies to undertakings providing publicly available networks and services.

2 –Market analysis and the imposition of specific regulatory obligations shall comply with the principles of full reasoning for the application of specific regulatory obligations.

3 – In establishing the grounds for decisions to apply specific regulatory obligations, the NRA shall cumulatively prove that the imposed obligation:
a) Is appropriate to the identified problem, and is proportional and justified in the light of the basic objectives set forth in article 5 of the present law;
b) Is objectively justified in respect of the networks, services or infrastructure to which it refers;
c) Does not result in undue discrimination in respect of any other entity;
d) Is transparent in regard to its purposes.

Article 56
Assignment

The NRA is charged, according to the rules provided for in this article, with:
a) Identifying the relevant markets of products and services, having regard to the recommendation of the European Community issued pursuant to Directive 2002/21/EC of the European Parliament and of the Council, of 7 March, as amended by Directive 2009/140/EC of the European Parliament and of the Council, of 25 November, hereinafter referred to as the European Commission Recommendation, as well as other relevant markets not mentioned therein;
b) Determining whether or not a relevant market is effectively competitive;
c) Declaring undertakings with significant market power in the relevant markets;
d) Imposing, maintaining, amending or withdrawing obligations in respect of undertakings with or without significant market power, including the imposition of technical and operational conditions on the provider and/or beneficiaries of access.

Article 57
Specific consultation procedure

Article 57-A
Procedure for the consistent application of regulatory obligations

4 - Where BEREC does not share the doubts of the European Commission or does not issue an opinion, or where the NRA amends or maintains its draft measure, all pursuant to the preceding paragraph, and the European Commission, within one month following the end of the three-month period referred to in paragraph 1, issues a recommendation requiring the NRA to amend or withdraw the draft measure, including specific proposals to that end, or takes a decision to lift its reservations, the NRA, within one month from the adoption of the referred recommendation or decision, shall communicate to the European Commission and BEREC the adopted final measure, providing a reasoned justification where it decides not to accept the recommendation issued by the European Commission.

5 - The one-month period provided for in the second part of the preceding paragraph may be extended to allow the NRA to undertake a public consultation on the amended draft measure, in accordance with article 8, before adopting a final decision.
6 - The NRA may withdraw the proposed draft measure at any stage of the procedure.

CHAPTER II
Market definition and analysis

Article 58
Market definition

1 - The NRA is charged with defining the relevant markets of products and services within the electronic communications sector, including the relevant geographic markets, in accordance with the principles of competition law.

2 - In the course of market definition, the NRA, having regard to national circumstances, shall take due account of the European Community Recommendation that identifies, in accordance with the principles of competition law, the relevant product and service markets, the characteristics of which may be such as to justify the imposition of specific regulatory obligations and shall also take due account of the “Guidelines for market analysis and assessment of significant market power”, hereinafter referred to as the guidelines.

3 - The NRA may define markets that differ from those mentioned in the recommendation of the European Community, following the procedure referred to in article 57.

4 - (Repealed.)

Article 59
Market analysis

1 - The NRA is charged with carrying out an analysis of the relevant markets defined pursuant to the preceding article, taking account of the guidelines.

2 - Within the scope of market analysis, the NRA shall determine whether or not a relevant market is effectively competitive, for the purposes of imposing, maintaining, amending or suppressing obligations set forth in the present title.

3 - Where the NRA concludes that the market is effectively competitive, it shall not impose any specific regulatory obligation and it shall remove any existing obligations, giving an appropriate period of notice to parties affected by such removal.

4 - Where the NRA determines that a relevant market is not effectively competitive, it shall identify undertakings which individually or jointly have a significant market power on that market, imposing thereon the appropriate specific regulatory obligations or maintain or amend such obligations where they already exist.

5 - In the case the European Commission, through a decision taken pursuant to Directive no 2002/21/EC of the European Parliament and of the Council, of 7 March, as amended by Directive 2009/140/EC of the European Parliament and of the Council, of 25 November, identifies transnational markets, the NRA shall conduct, jointly with the national regulatory authorities concerned, a market analysis taking the utmost account of the guidelines and, in a concerted fashion, shall decide on any imposition, maintenance, amendment or withdrawal of regulatory obligations referred to in this title.

6 - (Repealed.)

Article 59-A
Review of market analyses

Article 60
Significant market power

1 - For the purposes of the present law, an undertaking shall be deemed to have significant market power if, either individually or jointly with others, it enjoys a position equivalent to dominance, that is to say a position of economic strength affording it the power to behave to an appreciable extent independently of competitors, customers and consumers.

2 - The NRA, when assessing whether two or more undertakings have a joint dominant position in a market, shall act in accordance with Community law and take the guidelines into account.

3 - The NRA may consider that two or more undertakings are in a joint dominant position, even in the absence of structural or other links between them, where they operate in a market which is characterised by a lack of effective competition and in which no single undertaking has significant market power.

4 - Without prejudice to case-law of the Court of Justice of the European Communities on joint dominance, the NRA, in making its assessment, shall use criteria based on specific characteristics of the relevant market, in particular in terms of giving weight, in particular, to the following factors:
a) (Repealed.)
b) (Repealed.)
c) Low elasticity of demand;
d) (Repealed.)
e) (Repealed.)
f) Similar market shares;
g) (Repealed.)
h) Vertical integration with collective refusal to supply;
i) High legal or economic barriers to entry;
j) Lack of countervailing buying power;
l) Lack of potential competition;
m) (Repealed.)
n) (Repealed.)
o) (Repealed.)

5 - Where an undertaking has significant market power in a specific market, it may also be deemed to have significant market power in an adjacent market, where the links between the two markets are such as to allow the market power held in the former market to be leveraged into the latter, thereby strengthening the market power of the undertaking.

6 - In the cases provided for in the preceding paragraph, the NRA may impose obligations on the adjacent market so as to prevent the leverage effect, in conformity with articles 67, 68, 69, 70, 71, 74, 75 and 76, and where the latter prove not to be sufficient, in conformity with article 85.

Article 61
Cooperation with the Competition Authority

The draft measures of the NRA in respect of the analysis of the market and the determination of whether or not an undertaking holds significant market power are subject to the prior opinion of the Autoridade da Concorrência, which shall be issued within 30 days of the respective request.

CHAPTER III
Access and interconnection

SECTION I
General provisions

Article 62
Freedom of negotiation

Undertakings providing electronic communications networks and services are entitled to negotiate and agree between themselves technical and commercial arrangements for access and interconnection, without prejudice to the competence of the NRA provided for in the present chapter.

Article 63
Competence of the national regulatory authority

1 - In exercising the powers set out in the present chapter, the NRA, acting in pursuit of the regulatory objectives set out in article 5, shall encourage and, where appropriate ensure, suitable access and interconnection, as well as interoperability of services, aiming at promoting efficiency, sustainable competition, efficient investment and innovation, and at providing maximum benefit to end-users.

2 – The NRA is charged with:
a) Imposing obligations in matters of access and interconnection on undertakings providing electronic communications networks and services;
b) Intervening upon its own initiative whenever justified or, in the absence of an agreement between undertakings, at the request of either of the parties involved pursuant to articles 10 and 12, in order to secure the objectives established in article 5, in accordance with the provisions of the present law.

3 – Operators shall comply with obligations in the form, way and period to be determined by the NRA.

Article 64
Access and interconnection conditions

1 - The terms and conditions of access and interconnection provision shall be consistent with obligations imposed by the NRA in such respect.

2 - Operators shall have a right and, when requested by others in the exercise of the right provided for in point a) of article 22, an obligation, to negotiate interconnection with each other for the purpose of providing publicly available electronic communications services, in order to ensure provision and interoperability of services.

3 – Traffic shall remain the property of the undertaking operating the network or providing the service where the traffic is originated, unless otherwise agreed, and the respective conveyance, as well as the delivery point, may be freely negotiated between the parties.

4 – In the case of transnational agreements, the undertaking requesting access or interconnection does need to be covered by the general authorisation laid down in the present law, provided that it does not provide electronic communications networks and services within the national territory.

Article 65
Confidentiality

1 – Undertakings shall respect the confidentiality of information received, transmitted or stored, before, during or after the process of negotiating and making agreement in respect of access or interconnection, and shall use that information solely for the purpose for which it was supplied.

2 – The received information shall not be passed on to any other party, in particular other departments, subsidiaries or partners, for whom such information could constitute a competitive advantage.

3 – The provision of the preceding paragraphs does not prejudice the exercise of the supervisory and monitoring powers of the NRA, particularly in respect of information requested pursuant to article 108.

SECTION II
Obligations applicable to undertakings with significant market power

Article 66
Imposition, maintenance, amendment or withdrawal of obligations

1 – The NRA is charged with determining the imposition, maintenance, amendment or withdrawal of the following obligations, in respect of access or interconnection applicable to undertakings designated as having significant market power:
a) Obligation of transparency in relation to the publication of information, including reference offers, pursuant to articles 67 to 69;
b) Obligation of non-discrimination, in relation to the provision of access and interconnection and the respective provision of information, pursuant to article 70;
c) Obligation for accounting separation in respect of specific activities related to access and interconnection, pursuant to article 71;
d) Obligation to respond to reasonable requests for access, pursuant to article 72;
e) Obligation of price control and cost accounting, pursuant to article 74 to 76;
f) Obligation for functional separation, pursuant to article 76-A.

2 - For the purposes of the preceding paragraph, the NRA shall impose the appropriate obligations, having regard to the nature of the problem identified, which obligations shall be proportionate and justified according to the objectives set out in article 5.

3 – The obligations set out in paragraph 1 shall not be imposed on undertakings which have not been designated as having significant market power, except in the cases laid down in the present law or where such imposition is necessary to comply with international commitments.

4 - In exceptional circumstances and where appropriate, the NRA may impose obligations other than those set out in points a) to e) of paragraph 1 on operators declared to have significant market power, subject to the prior authorisation of the European Commission, pursuant to Directive 2002/19/EC of the European Parliament and of the Council of 7 March, as amended by Directive 2009/140/EC of the European Parliament and of the Council, of 25 November, for which a draft measure shall be previously submitted to the European Commission.

Article 67
Obligation of transparency

Article 68
Reference offer

1 – The NRA may, on a case by case basis, determine, in particular to operators which have obligations of non-discrimination, that access or interconnection reference offers be published, which offers shall:
a) Be sufficiently unbundled to ensure that undertakings are not required to pay for facilities which are not necessary for the service requested;
b) Give a description of the relevant offerings broken down into components according to market needs;
c) Give a description of the associated terms and conditions, including prices.

2 – For the purposes of the preceding paragraph, the NRA may determine the components which as a minimum shall be included in the reference offers, specifying the precise information to be made available, the level of detail required and the manner of publication.

3 – The NRA may further determine:
a) Changes to published reference offers, at any time and where necessary with retroactive effect, to give effect to obligations imposed under the provision of article 66;
b) The immediate inclusion of the imposed changes in the agreements concluded, provided that such changes have specific and sufficient content.

Article 69
Minimum elements to be included in reference offers

1 - Where an operator is subject to the obligation to offer wholesale access to the network infrastructure, including unbundled access to the local loop, it shall publish the respective reference offer including as a minimum the following list of components, without prejudice to the provision of paragraph 2 of the preceding paragraph:
a) Conditions for unbundled access to the local loop;
b) Co-location;
c) Information systems;
d) Supply conditions.

2 - For the purposes of point a) of paragraph 1, the following items shall be specified:
a) Detailed information, including the location of physical access sites and network elements covered by the provision of access, including associated equipment, specially full and shared unbundled access (including the availability of local loops and sub-loops), cabinets and distribution frames, including, where appropriate, access to resources and infrastructures that allow the set-up of access networks and transport by beneficiaries, such as ducts and associated infrastructure, as well as busways within local exchanges or assistance points;
b) (Repealed.)
c) Technical conditions related to access and use of local loops and sub-loops, including the technical characteristics of the twisted pair and/or optical fibre and/or equivalent, cable distributors, and associated facilities and, when relevant, technical conditions related to access to ducts and associated infrastructure;
d) Ordering and provisioning procedures and usage restrictions.

3 - For the purposes of point b) of paragraph 1, the following data must be specified:
a) Up-to-date information on the SMP operator’s existing relevant sites or equipment locations and planned update thereof, and availability of this information may be restricted to interested parties only, in order to avoid public security concerns;
b) Co-location options at the sites indicated in the preceding point, including physical co-location (in open space) and, as appropriate, distant co-location and virtual co-location;
c) Equipment characteristics, including restrictions, if any, on equipment that may be installed under the regime of co-location;
d) Safety standards, including measures put in place by notified operators to ensure the safety of their locations;
e) Access conditions for staff of operators who benefit from access, including conditions under which beneficiaries may visit sites where co-location is possible or sites where co-location has been refused due to lack of capacity;
f) (Repealed.)
g) Rules for the allocation of co-location space where this is limited.
h) (Repealed.)

4 - For the purposes of point c) of paragraph 1, the conditions governing access to the notified operator’s operational support systems, information systems or databases for pre-ordering, provisioning, ordering, maintenance and repair requests and billing shall be specified.

5 – For the purposes of point d) of paragraph 1, the following items shall be specified:
a) Time needed to meet requests for supply of services and facilities; service level agreements, fault resolution, procedures to return to a normal level of service and quality of service parameters;
b) Standard contract terms, including, where appropriate, compensation provided for failure to meet the time limit applicable for replying to requests;
c) Prices or pricing formulae for each feature, function and facility provided for.

Article 70
Obligation of non-discrimination

The imposition of the obligation of non-discrimination consists particularly of the requirement for an undertaking to apply equivalent conditions in equivalent circumstances to other undertakings providing equivalent services and to provide services and information to third parties under the same conditions and with the same quality as the services and information provided to its own departments or to those of its subsidiaries or partners.

Article 71
Obligation of accounting separation

1 – The imposition of the obligation for accounting separation in relation to specified activities related to access and interconnection consists, particularly, of the requirement that operators, and especially those that are vertically integrated, present their wholesale and internal transfer prices in a form that has transparency in order to ensure, inter alia, compliance with the obligation of non-discrimination where applicable or, where necessary, to prevent unfair cross-subsidy.

2 – For the purposes of the provision of the preceding paragraph, the NRA may specify the format and accounting methodology to be used.

3 – Operators shall make available to the NRA, upon request, their accounting records, including data on revenues received from third parties, in order that compliance with obligations of transparency and non-discrimination may be verified.

4 – The NRA may publish the information made available pursuant to the preceding paragraph, to the extent that is necessary to contribute to an open and competitive market, while respecting the commercial of confidentiality such information.

Article 72
Obligations of access to, and use of, specific network facilities

1 - The NRA may impose obligations on operators to meet reasonable requests for access to and use of specific network components and associated facilities, particularly in situations where the denial of access or the setting of unreasonable conditions would hinder the emergence of a sustainable competitive market at the retail level or harm the interests of end-users.

2 - In exercising the competence provided for in the preceding paragraph, the NRA may, in particular, impose the following obligations on operators.
a) To give third parties access to specified network elements and/or facilities, including access to network elements which are not active and/or unbundled access to the local loop;
b) Not to withdraw access to facilities where access has been already granted;
c) To interconnect networks or network facilities;
d) To provide co-location or other forms of facility sharing, including duct, building or mast sharing;
e) To provide specific services needed to ensure interoperability of end-to-end services to users, including facilities for intelligent network services or roaming on mobile networks;
f) To grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services;
g) To provide specific services on a wholesale basis for resale by third parties;
h) To provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services;
i) To provide access to associated services such as identity, location and presence service;
j) To allow carrier selection and pre-selection and/or subscriber line resale offer;
m) To negotiate in good faith with undertakings requesting access.

3 - The NRA may attach conditions in respect of fairness, reasonableness and timeliness to the imposition of obligations provided for in the preceding paragraph.

4 - When considering obligations referred in the preceding paragraphs, and in particular when assessing how such obligations would be imposed proportionate to the regulatory objectives set out in article 5, the NRA shall take account in particular of the following factors:
a) The technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and/or access involved, including the viability of other upstream access products, such as access to infrastructures, namely to ducts;
b) The feasibility of providing the proposed access, in relation to the available capacity;
c) The initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment;
d) The need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-based competition;
e) Any relevant intellectual property rights, where appropriate;
f) The provision of pan-European services.

Article 73
Technical and operational conditions

1 - Where necessary to ensure normal operation of the network, when imposing obligations provided for in the preceding article, the NRA may lay down technical or operational conditions to be met by the access provider and/or beneficiary.

2 - Where conditions imposed pursuant to the preceding paragraph refer to specific technical standards or specifications, they shall be in compliance with standard rules laid down in accordance with article 29.

Article 74
Obligation of price control and cost accounting

1 - In situations where a market analysis indicates that a potential lack of effective competition means that operators may sustain prices at an excessively high level, or may apply a price squeeze, to the detriment of end-users, the NRA may impose obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning cost accounting systems, for the provision of specific types of interconnection and/or access.

2 - In imposing the obligations referred to in the preceding paragraph, the NRA shall:
a) Take into account the investment made by the operator, including in next generation networks, allowing him a reasonable rate of return on the capital employed, taking into account any risks specific to a particular new investment network project;
b) Ensure that any mandatory cost recovery mechanism or pricing methodology promotes efficiency and sustainable competition and maximises benefits for consumers; further account may also be taken of prices available in comparable competitive markets.

Article 75
Demonstration of cost orientation

1 - Operators subject to the obligation of cost orientation of prices shall demonstrate that charges are based on costs, including a reasonable rate of return on investments made.

2 - The NRA may require an operator to provide full justification for its prices, and may, where appropriate, require such prices to be adjusted.

3 - The NRA may use cost accounting methods independent of those used by the undertaking, for the purpose of calculating the cost of efficient provision of services.

Article 76
Verification of the cost accounting system

1 - The NRA, or another independent body appointed by the NRA, shall, in order to ensure compliance, undertake an annual audit of the cost accounting system intended to allow the control of prices, and shall, in addition, issue and publish the respective statement.

2 - It is incumbent on the NRA to make public the description of the cost accounting systems referred to in the preceding paragraph, showing at least the main categories under which costs are grouped and the rules used for the respective allocation.

Article 76-A
Obligation for functional separation

Article 76-B
Voluntary functional separation

SECTION III
Obligations applicable to all undertakings

Article 77
Imposition of access and interconnection obligations

1 - It is incumbent on the NRA to impose access and interconnection obligations on any undertaking, regardless of whether it holds significant market power or not, as follows:
a) On undertakings that control access to end-users, to the extent required to ensure end-to-end connectivity, including in justified cases the obligation to interconnect their networks;
b) On undertakings that control access to end-users, in justified cases and to the extent required to ensure the interoperability of their services;
c) To provide access to APIs (application program interfaces) and EPGs (electronic programme guides), on fair, reasonable and non-discriminatory terms, to the extent required to ensure that digital radio and television programme services as specified by the competent authorities under the law are accessible to end-users.

2- (Repealed.)

3 - Obligations imposed in accordance with paragraph 1 shall be objective, transparent, proportionate and non-discriminatory, and shall be applied in conformity with articles 8, 57 and 57-A.

Article 78
Provision of conditional access

1 - All operators of conditional access services which, irrespective of the means of transmission, provide access services to digital radio and television programme services, whereby television and radio operators depend on such services in order to reach any group of potential viewers or listeners, shall:
a) Offer technical services to all television and radio operators, on a fair, reasonable and non-discriminatory basis compatible with Community competition law, enabling the digital radio and television programme services to be received by viewers or listeners duly authorised by means of decoders managed by operators of conditional access services, as well as comply with Community competition law;
b) Keep separate financial accounts regarding their activity as conditional access providers.

2 – Having regard to point a) of the preceding paragraph, the conditions of provision, including prices, disclosed by distribution operators shall specify whether or not material related to conditional access is supplied.

3 – Operators referred to in paragraph 1 shall notify the NRA of the technical procedures adopted to ensure the interoperability of the different conditional access systems, within five days from the implementation thereof.

4 – For the purposes of the preceding paragraph, it is incumbent on the NRA to publish on its website the references to the applicable technical specifications.

Article 79
Transfer of control

1 – Operators providing conditional access services shall adopt systems with suitable technical capability for a cost-effective transfer of control, to be agreed with the support network operators.

2 – The transfer referred to in the preceding paragraph shall allow the full control by network operators, at local or regional level, of services using such conditional access systems.

Article 80
Industrial property rights

1 – Without prejudice to applicable legislation, holders of industrial property rights in respect of conditional access products and systems are to ensure that licences to manufacturers of user equipment are granted on fair, reasonable and non-discriminatory terms.

2 – The granting of licences referred to in the preceding paragraph, which shall also take into account technical and commercial factors, shall not be subject to conditions prohibiting, deterring or discouraging the inclusion in the same product of:
a) A common interface allowing connection with other conditional access systems than that of the holder of the industrial property right;
b) Means specific to another conditional access system, provided that the licensee complies with the relevant and reasonable conditions ensuring, as far as he is concerned, the security of transactions of conditional access system operators.

Article 81
Amendment or removal of conditional access obligations

1 - The NRA may carry out a market analysis under the terms set out in the present law, in order to decide whether or not to amend or remove the conditional access obligations provided for in articles 78 to 80.

2 - Where, as a result of the market analysis, the NRA finds that one or more operators do not have significant market power, it may determine the amendment or removal of the conditional access obligations with respect to those operators, provided that there is no adverse effect on:
a) Accessibility for end-users to radio and television broadcasts and to services specified in article 43; and
b) The prospects for effective competition in the markets for retail digital television and radio broadcasting services and conditional access systems and other associated facilities.

3 - The NRA shall give an appropriate period of notice to parties affected by such amendment or removal of obligations.

4 - The provisions of this article are without prejudice to the possibility of imposing obligations in respect of the presentation of electronic programme guides and similar listing and navigation facilities, under the law.

CHAPTER IV
Control on retail markets

Article 82
(Repealed.)

Article 83
(Repealed.)

Article 84
(Repealed.)

Article 85
Controls on retail services

1 - The NRA shall impose appropriate regulatory obligations on undertakings identified as having significant market power in a given retail market, previously defined and analysed pursuant to the present law, where cumulatively:
a) It determines a lack of effective competition in that retail market;
b) It concludes that the imposition of obligations laid down in articles 67 to 76 would not result in the achievement of the regulatory objectives set out in article 5.
2 – The regulatory obligations imposed under the preceding paragraph shall be based on the nature of the problem identified and be proportionate and justified in respect of the objectives laid set out article 5, and may require in particular that the identified undertakings:
a) Do not charge excessive prices;
b) Do not inhibit market entry or restrict competition by setting predatory prices;
c) Do not show undue preference to specific end-users;
d) Do not unreasonably bundle services.
3 – With specific reference to prices practised by such undertakings and in order to protect end-user interests while at the same time promoting effective competition, the NRA may apply appropriate price cap measures, measures to control individual tariffs, or measures to orient tariffs towards costs or prices in comparable markets.
4 – Without prejudice to articles 93 and 94, the NRA shall not apply retail control mechanisms under this article to geographical or user markets where it is satisfied that there is effective competition.
5 – Undertakings subject to price regulation pursuant to this article or subject to other relevant retail controls shall implement analytical accounting systems which are appropriate for the application of the imposed measures.
6 – The NRA, or an independent body which it has appointed, shall undertake an annual audit of the cost accounting system supporting price controls, in order to verify the compliance thereof, and shall issue and publish the respective statement.
7 - (Repealed.)

TITLE V
Universal service and additional mandatory services

CHAPTER I
Universal Service

SECTION I
Scope of the universal service

Article 86
Concept
1 - The universal service consists of a minimum set of services, as defined in the present chapter, of specified quality which is available to all end-users regardless of their geographical location and at an affordable price.
2 - The scope of the universal service shall evolve in line with advances in technology, market developments and changes in user demand, which scope shall be modified where justified by such evolution.
3 – It is incumbent upon the Government and the NRA, in the pursuit of their respective assignments:
a) To determine the most efficient and appropriate solutions for ensuring the implementation of the universal service, whilst respecting the principles of objectivity, transparency, non-discrimination and proportionality;
b) To minimise market distortions, in particular the provision of services made at prices or under other terms and conditions which depart from normal commercial conditions, whilst safeguarding the public interest.

Article 87
Scope of the universal service
The provision of a minimum set of services made available in the scope of the universal service shall include:
a) Connection to a public communications network at a fixed location and provision of a publicly available telephone service over that connection;
b) Provision of a comprehensive directory and of a comprehensive telephone directory enquiry service;
c) Adequate provision of public pay-phones.

Article 88
Connection to the network and provision of a telephone service at a fixed location
1 - Universal service providers shall meet all reasonable requests for connection at a fixed location to a public communications network, as well as for provision of a publicly available telephone service over that connection.
2 - The connection to a public communications network referred to in the preceding paragraph shall allow end-users to originate and receive calls supporting voice, facsimile and data communications at data rates that are sufficient to permit functional Internet access, taking into account prevailing technologies used by the majority of subscribers and technological feasibility.
3 - The telephone service mentioned in paragraph 1 shall allow subscribers and users to originate and receive national and international calls, and to access, through the national emergency number defined in the National Numbering Plan, the various emergency services.
4 - It is incumbent on the member of the Government responsible for the communications area to approve, taking into account the specific circumstances of the national market, further to an opinion provided by the NRA, the required minimum data rates which the network access provided in the scope of the universal service must support to permit functional Internet access as provided for in paragraph 2.

Article 89
Directory and enquiry services
1 – The following universal service obligations shall be comprised in the scope of directory and enquiry services:
a) To draw up, publish and make available to end-users a comprehensive directory, which shall be printed and/or electronic and which comprises all subscribers of publicly available telephone services, without prejudice to provisions on protection of personal data and privacy;
b) To update and make available every year the directory referred to in the preceding point;
c) To provide end-users with an enquiry service, through a short number, involving the disclosure of data in the directory referred to in point a);
d) To apply the principle of non-discrimination to the treatment and presentation of information that has been provided, including information submitted by other undertakings.
2 – For the purpose of the preceding paragraph, undertakings providing publicly available telephone services shall agree with the providers of the universal service on the format and conditions for the provision of relevant information on the respective subscribers, on terms which are fair, objective, cost oriented and non-discriminatory.
3 – In the absence of an agreement and in the event of non-compliance with the terms agreed or with the obligation established in the preceding paragraph, the NRA may demand that undertakings providing publicly available telephones services submit the information referred to in the preceding paragraph, determining, where necessary, the format and conditions for the provision thereof, in order to render it available to the providers of the universal service, aiming at complying with the obligations laid down in points a) and c) of paragraph 1.
4 – The NRA is hereby empowered to create and manage, directly or through an appointed independent body, a database comprising the information received pursuant to the preceding paragraph, approving for this purpose the respective functioning conditions, following the prior opinion of the NCDP.
5 – The NRA shall approve and disclose the form of directories referred to in the present article and the conditions by which such directories are to be made available to end-users.

Article 90
Public pay-phones
1 - The NRA shall define, following consultation under the terms of article 8, the obligations that fall on universal service providers in respect of the provision of public pay-phones or of other public voice telephony access points, in order to ensure that the reasonable needs of populations, including of users with disabilities, are met.
2 - The obligations defined by the NRA shall take into account the possible availability of comparable facilities or services and take account of the needs of end-users in terms of geographical dispersion, population density and quality of services, including in particular the determination of different means of payment.
3 - Without prejudice to the preceding paragraphs, public pay-phones provided by universal service providers shall allow:
a) The making of local and national telephone calls, involving geographic and non-geographic numbers, in conformity with the National Numbering Plan, and of international telephone calls;
b) Access, without charge, to the various emergency systems, using the single European emergency number “112” and other emergency and assistance numbers defined in the National Numbering Plan, without the need to use coins, cards or any other means of payment;
c) Access to the comprehensive directory enquiry services under the terms defined in point c) of paragraph 1 of article 89.
4 - Pre-paid phone cards for access to publicly available telephone services by means of public pay-phones operated by universal service providers shall be of one type only, so that the use thereof is viable on any public pay-phone made available in the scope of the universal service.
5 - Universal service providers shall comply with the technical rules of access to urban buildings, in accordance with the specific legislation, in order to ensure that end-users with disabilities have access to the service.

Article 91
Specific measures for disabled users
1 - Universal service providers shall make available specific provisions in order to ensure that end-users with disabilities enjoy access that is equivalent to that enjoyed by other end-users, to publicly available telephone services, including access to emergency services, directory enquiry services and directories.
2 - Without prejudice to determinations made by the NRA pursuant to the following paragraph, the universal service providers shall ensure free of charge the following specific provisions, without prejudice to paragraph 3 of article 86:
a) Handset amplifier, to increase the earpiece volume, for hearing impaired people;
b) Call indicator light, which consists of a device that activates a visual signal when the terminal equipment receives a call;
c) Simple braille bills;
d) Fixed destination line, enabling the customer to make calls automatically to a specific destination he has defined;
e) Possibility of making a pre-defined number of free calls to directory enquiry services.
3 - It is incumbent upon the NRA, following the general consultation procedure laid down in article 8, to assess the need for universal service providers to provide specific offers to disabled users, as well as to define the terms and conditions by which such provisions are to be made available.
4 - For the purposes of the preceding paragraph, the NRA shall not impose on universal service providers the provision of specific offers to disabled users where, as a result of obligations imposed on undertakings that provide publicly available electronic communications services, objectives provided for in paragraph 1 are met.
5 - The NRA may take specific measures to ensure that end-users with disabilities may also benefit from the choice of service providers which is available to the majority of end-users.
6 - When adopting the measures provided for in the preceding paragraphs, the NRA shall comply with article 29.

Article 92
Quality of service
1 - Universal service providers shall make available to end-users as well as to the NRA, appropriate and up-to-date information on their performance in the provision of the universal service, based on quality service parameters, definitions and measurement methods established in the annex.
2 – The NRA may specify, in particular, additional rules in respect of quality of service in order to assess the performance of universal service providers as regards the provision of services to end-users and consumers with disabilities, where relevant parameters have been defined.
3 – Information on the performance of the universal service providers as regards the parameters referred to in the preceding paragraph shall be made available to end-users and likewise to the NRA.
4 - The NRA may further specify the content, form and manner in respect of which the information referred to in the preceding paragraphs are provided, in order to ensure that consumers and other end-users have access to clear, comprehensive and comparable information.
5 - Without prejudice to the provision of the preceding paragraphs, the NRA, following the general consultation procedure laid down in article 8, may set performance objectives applicable to the different obligations of the universal service.
6 – The NRA may order independent audits or mechanisms by which the performance of the universal service providers may be verified, which shall be at the expense of such providers and which shall have the aim of ensuring the accuracy and comparability of the data made available by providers.

SECTION II
Prices

Article 93
Price regime
1 - The NRA is charged with ensuring that prices of universal service provisions are affordable, having regard in particular to national consumer prices and national income.
2 - The NRA shall monitor the evolution of prices charged for the various provisions identified in article 87, provided by bodies designated for the provision of the universal service or by undertakings in general, where such designation has not taken place.
3 - For the purposes of paragraph 1, the NRA shall assess and decide on the most suitable means to guarantee affordable prices, whereby it may determine:
a) The availability of tariff options or packages different from those provided under common commercial conditions, in particular to ensure that consumers with low income or special social needs are not prevented from accessing an electronic communications network at a fixed location or from using any of the services included in the universal service;
b) The imposition of price caps and the application of common tariffs, including geographical averaging of prices, throughout the territory;
c) Other similar schemes.
4 - Where any of the measures referred to in the preceding paragraph have been imposed, the NRA shall ensure that the implemented conditions are fully transparent and are published and that such conditions are applied in accordance with the principle of non-discrimination.
5 - The NRA may require that specific conditions practised by universal service providers be modified or withdrawn at any time.
6 - Without prejudice to the provisions of the preceding paragraphs, other measures may be implemented, as an alternative or cumulatively, in order to support consumers identified as having low incomes or special social needs.

Article 94
Control of expenditure
1 - In order to allow subscribers to verify and control the charges incurred in using the public communications network and related publicly available telephone services, the universal service providers shall make available the following minimum set of facilities and mechanisms:
a) Itemised billing;
b) Selective and free of charge barring of outgoing calls of or to defined types of numbers or of premium SMS or MMS or other services or applications of value-added message-based services, upon the request of the subscriber, without prejudice to the provision of article 45;
c) Pre-paid systems for access to the public communications network and use of publicly available telephone services;
d) Phased payment of charges for the connection to the public communications network;
e) Measures applicable to the non-payment of telephone bills, pursuant to article 52;
f) Tariff advice service, allowing subscribers to obtain information of any lower or favourable tariff alternatives;
g) Control of charges with telephone services, including free of charge alerts to consumers in case of abnormal consumption patterns, that reflect a significant increase of usual average consumption values.
2 - For the purposes of point a) of the preceding paragraph, the following minimum level of detail shall be ensured, without charge and without prejudice to legislation applicable in matters of protection of personal data and privacy:
a) Initial price of the connection to the public communication network at a fixed location and for the provision of the telephone service over that network, where appropriate;
b) Subscription price, where applicable;
c) Price of use, identifying the different traffic categories, indicating each call and the respective charge;
d) Periodical equipment rental prices, where applicable;
e) Price for the installation of additional material and equipment requested subsequent to the commencement of service provision;
f) Subscriber’s debts;
g) Compensation resulting from reimbursement.
3 - Universal service providers may provide, at the request of the subscriber, itemised bills with higher levels of detail than those laid down in the preceding paragraph, at no charge or at reasonable tariffs, and in any case shall not include in bill details calls that are free of charge to the calling subscriber, namely calls to helplines.
4 - For the purposes of point b) of article 1, the NRA, having heard the universal service providers, shall define the types of calls or communications which may be barred.
5 - The NRA shall waive the application of paragraph 1 where it is satisfied that the interests protected through the availability of facilities and mechanisms provided therein are duly safeguarded.
6 - Where universal service providers offer additional facilities and services to those referred to in article 87 or in point a) of paragraph 3 of article 93, they shall establish terms and conditions whereby subscribers are not forced to pay for facilities or services which are not necessary for the service requested.

SECTION III
Financing of the universal service

Article 95
Compensation for net cost burden
1 – Where the NRA considers that the provision of universal service may represent an unfair burden on the respective providers, it shall calculate the net costs of the universal service obligations in accordance with one of the following procedures:
a) Calculating the net cost of the universal service obligation, taking into account any market benefit which accrues to the providers;
b) Making use of the net costs of providing universal service identified by a designation mechanism in accordance with the provisions of the present law.
2 – The NRA shall define the concept of “unfair burden”, as well as the terms governing its determination, namely the periodicity of assessments and criteria to be employed.

Article 96
Calculation of the net cost
1 – Where the calculation of the net cost is to be undertaken, pursuant to point a) of the preceding article, the following assumptions shall apply:
a) All means to ensure appropriate incentives, so that providers comply with universal service obligations in a cost efficient manner shall be considered;
b) The cost of universal service obligations is to be calculated as the difference between the net cost, for an organization, of operating with the universal service obligations and of operating without the universal service obligations, whether the network is fully developed or is still undergoing development and expansion. Due attention is to be given to correctly assessing the costs that providers would have chosen to avoid had there been no universal service obligation;
c) The calculation of net cost should take into account the benefits, including intangible benefits, obtained by the universal service operators;
d) The calculation of the net cost of specific aspects of universal service obligations is to be made separately and so as to avoid the duplication of any direct or indirect benefits and costs;
e) The net cost of universal service obligations is to be calculated as the sum of the net costs arising from the specific components of universal service obligations.
2 – The calculation is to be based upon the costs attributable to:
a) Components of the identified services which are unavoidably provided at a loss or provided according to conditions of cost which fall outside normal commercial standards, which components may include access to emergency telephone services, provision of certain public pay telephones or the provision of certain services or equipment for people with disabilities;
b) Specific end-users or groups of end-users which can only be served at a loss or according to conditions of cost which fall outside normal commercial standards, as a result of the cost of providing the specified network and service, the revenue generated and any geographical averaging of prices imposed by the NRA.
3 – For the purpose of point b) of the preceding paragraph, this category is deemed to include end-users or groups of end-users which would not be served by a commercial operator which did not have an obligation to provide universal service.
4 – The universal service providers shall make available all accounts and other relevant information in order to provide a basis for the calculation referred to in the present article, which accounts and information shall be audited by the NRA or a body independent of the interested parties and subsequently approved by the NRA.
5 – The NRA shall make publicly available the results of the cost calculation and the conclusions of the audit referred to in the present article.

Article 97
Financing
1 - Where the NRA verifies that the universal service has net costs and finds such costs to be unfair, it is incumbent upon the Government, upon request of the respective providers, to provide appropriate compensation by means of one or both of the following mechanisms:
a) Compensation from public funds;
b) Sharing the net cost with other undertakings providing public communications networks and publicly available electronic communications services on national territory.
2 - Where the mechanism provided for in point b) of the preceding paragraph is applied, a compensation fund shall be established, to which shall contribute undertakings that provide public communications networks or publicly available electronic communications services, this fund being managed by the NRA or by an independent body appointed by the Government, in this case subject to the supervision of the NRA.
3 – The criteria for sharing the universal service net cost between such undertakings as are obliged to contribute shall be defined by the Government, in accordance with the principles of transparency, minimal market distortion, non-discrimination and proportionality.
4 – For the purposes of the preceding paragraph, the entity managing the fund shall:
a) Collect the respective contributions, using a transparent and neutral means for collection in order that the double imposition of contributions may be avoided;
b) Oversee the transfer of sums and payments due to universal service providers;
c) Disaggregate and separately identify for each undertaking the charges related to the sharing of the cost of universal service obligations.
5 – The Government may choose not to require contributions for the compensation fund from undertakings whose national turnover does not exceed a set limit, which limit is to be established.
6 – The NRA shall ensure that the criteria for cost sharing and the constitutive elements of the mechanism employed are publicly available.

Article 98
Report
Without prejudice to confidential matters, where the universal service presents net costs, the NRA shall draw up and publish an annual report setting out the calculated cost of universal service obligations, indicating the contributions made to the compensation fund by all the undertakings involved, and identifying any market benefits which may have accrued to the universal service providers, in the event that a compensation fund has been establish and is in effective operation.

SECTION IV
Designation of universal service providers

Article 99
Universal service providers
1 – The universal service may be provided by more than one undertaking, differentiated by the provisions included or by geographical area, without prejudice to provision throughout national territory.
2 – The process for designating providers shall be efficient, objective, transparent and non-discriminatory, ensuring that no undertaking is excluded a priori from being designated.
3 – It is incumbent upon the Government, by resolution of the Council of Ministers, to designate the undertaking or undertakings responsible for the provision of the universal service following a tender, the regulation of which shall be approved by administrative regulation of the members of the Government with responsibility for areas of finance and electronic communications.
4 – The terms of said tender shall ensure that the universal service is provided in a cost-effective manner, and may be used as a means of determining the net cost of the universal service obligation in accordance with point b) of article 95.
5 – The terms of the tender shall also set out provisions for the maintenance of obligations, in the event of demerger, merger or assignment of the provider’s contractual position.
6 - The disposal by universal service providers of a substantial part or all of their local access network assets must be notified to the NRA 90 days in advance of the date on which the disposal is to be made effective.
7 - Together with the notification provided for in the preceding paragraph, universal service providers must provide the NRA with the identification of the beneficiary or beneficiaries of the disposal, the terms and conditions of the disposal, indication of how compliance with universal service obligations is to be ensured, as well as any additional information requested by the NRA pursuant to article 108 for assessment of the notified operation.
8 - The NRA is charged with assessing the effects of the disposal referred to in the preceding paragraphs on the provision of access to the network and services provided for in article 88, being entitled, where appropriate and without prejudice to Government powers, to impose, amend or withdraw obligations.
CHAPTER II
Additional mandatory services

Article 100
Additional mandatory services
The Government may decide to make additional services, apart from services within the universal service obligations, publicly available, which services shall not be compensated by means of the respective cost sharing mechanism by undertakings providing electronic communications networks and services.

TITLE VI
Digital television and conditional access

Article 101
Wide-screen television service
Undertakings which establish public communications networks for the distribution of digital television services shall ensure that such networks have capacity to distribute wide-screen television programme services, being incumbent on network operators that receive and redistribute these services and programmes to maintain the same format.

Article 102
Interoperability of digital interactive television services
1 – In order to promote the free flow of information, media pluralism and cultural diversity:
a) Providers of digital interactive television services for distribution to the public on digital interactive television platforms, regardless of the transmission mode, shall favour the use of an open API;
b) Providers of all enhanced digital television equipment deployed for the reception of digital interactive television services on interactive digital television platforms shall encourage compliance with an open API in accordance with the minimum requirements of the relevant standards or specifications;
c) Providers of digital television services and equipment shall cooperate in the provision of interoperable television services for disabled end-users.
2 – For the purposes of the preceding paragraph, entities shall comply with rules of standardization according to the provisions of article 29 and notify the NRA of the technical solutions adopted.
3 – Without prejudice to the imposition of compulsory access pursuant to point b) of paragraph 1 of article 77, the proprietors of APIs shall cooperate with providers of digital interactive television services, in order to make available on fair, reasonable and non-discriminatory terms, and against appropriate remuneration, all such information as is necessary to enable the latter to provide the respective services supported by the API in a fully functional form.

Article 103
Interoperability of consumer digital television equipment
1 – The consumer equipment intended for the reception of digital television signals, capable of descrambling such signals, for sale or rent or otherwise made available, shall possess the capability:
a) To allow the descrambling of such signals according to the common European scrambling algorithm as administered by a recognised European standards organisation;
b) To display signals that have been transmitted in clear provided that, in the event that such equipment is rented, the rentee is in compliance with the relevant rental agreement.
2 – Analogue television sets with an integral screen of visible diagonal greater than 42 cm which are put on the market for sale or rent are to be fitted with at least one open interface socket, as standardised by a recognised European standards organisation, permitting simple connection of peripherals, especially additional decoders and digital receivers.
3 – Digital television sets with an integral screen of visible diagonal greater than 30 cm which are put on the market for sale or rent are to be fitted with at least one open interface socket permitting simple connection of peripherals, and shall be able to pass all the components of a digital television signal, including the audio and video streams, information relating to interactive and conditionally accessed services and application program interface information as well as copy protection information.
4 – The open interface socket referred to in the preceding paragraph shall either be standardised or conform to a standard adopted by a recognised European standards organisation, or alternatively conform to a specification used by the industry.
5 - It is incumbent on the NRA to publish on its website the references to standards referred to in paragraphs 2 to 4.

Article 104
Illicit devices
1 – The following activities are hereby prohibited:
a) The manufacture, import, distribution, sale, rental or possession for commercial purposes, of illicit devices;
b) The installation, maintenance or replacement for commercial purposes of illicit devices;
c) The use of commercial communications to promote illicit devices;
d) Private acquisition, use, ownership or mere possession, for whatever reason, of illicit devices by the acquirer, user, owner or holder, or a third party.
2 – For the purposes of the preceding paragraph:
a) “Illicit device” shall mean any equipment or software designed or adapted to give access to a protected service in an intelligible form without the authorisation of the service provider;
b) “Conditional access device” shall mean any equipment or software designed or adapted to give access to a protected service in an intelligible form;
c) “Protected service” shall mean any television or radio programme service or information society service, where provided against remuneration and on the basis of conditional access, or where the provision of conditional access to the referred services is considered as a service in its own right.
3 – The actions set out in point a) of paragraph 1 are crimes punishable with up to three years imprisonment or, where a more serious penalty is not applicable, with a penalty fine.
4 – The attempt shall be punishable.
5 – Criminal proceedings depend upon a complaint.

TITLE VII
Fees, supervision and monitoring

CHAPTER I
Fees

Article 105
Fees
1 – Fees may be imposed on:
a) Declarations supporting rights issued by the NRA pursuant to paragraph 5 of article 21;
b) The exercise of the activity of electronic communications networks and services provider, on an annual basis;
c) The assignment of frequency usage rights;
d) The assignment of rights of use for numbers and the reservation thereof;
e) The use of numbers;
f) The use of frequencies.
2 - The amounts of fees referred to in points a) to e) of the preceding paragraph shall be established by administrative rule of the member of the Government responsible for the communications area and shall constitute revenue for the NRA.
3 - The use of frequencies, whether covered by a right of use or not, is subject to fees set out in Decree-Law number 151-A/2000 of 20 July, as amended by Decree-Laws number 167/2006, of 16 August, and 264/2009, of 28 September.
4 – The amounts of fees referred to in points a) to d) of paragraph 1 shall be determined with regard to the administrative costs incurred in the management, control and enforcement of the general authorisation scheme and of rights of use and of specific obligations as referred to in article 28, which may include costs for international cooperation, harmonisation and standardisation, market analysis, monitoring of compliance and other market control, as well as regulatory work involving the preparation and enforcement of secondary legislation and administrative decisions, such as decisions on access and interconnection; such fees shall be imposed upon undertakings in an objective, transparent and proportionate manner which minimises additional administrative costs and associated charges.
5 – The NRA shall publish an annual report of its administrative costs and of the total sum resulting from the collection of charges referred to in points a) to d) of paragraph 1, in order to perform the appropriate adjustments in respect of the difference between the total sum of the charges and the administrative costs.
6 – The fees referred to in points e) and f) of paragraph 1 shall reflect the need to ensure the optimal use of frequencies and numbers, shall be objectively justified, transparent, non-discriminatory and proportionate in relation to their intended purpose and shall take the regulatory objectives set forth in article 5 into account.

Article 106
Fees for rights of way
1 – The fees for rights of way shall reflect the need to ensure the optimal use of resources and shall be objectively justified, transparent, non-discriminatory and proportionate in relation to their intended purpose, taking into account the regulatory objectives set forth in article 5.
2 – The rights and charges as regards the implanting, crossing or passing over of systems, equipments and further resources of undertakings providing publicly available electronic communications networks and services, at a fixed location, of a public or private municipal domain, may give rise to the establishment of a municipal fee for rights of way (MFRW), which shall comply with the following principles:
a) The MFRW shall be determined on the basis of the application of a percentage on each bill issued by undertakings providing publicly available electronic communications networks and services, at a fixed location, to all final clients of the corresponding municipality;
b) The percentage mentioned in the preceding paragraph shall be approved annually by each municipality prior to the end of December of the year preceding that of its enforcement, and shall not exceed 0.25%.
3 – In municipalities where the MFRW is collected, undertakings providing publicly available electronic communications networks and services, at a fixed location, shall explicitly include the amount due in the bills of end-clients of publicly available electronic communications at fixed locations.
4 – The State and the Autonomous Regions shall not collect fees or other charges from undertakings providing publicly available electronic communications networks and services for the implanting, crossing or passing over of systems, equipments and further physical resources necessary to their activity, at the surface or underground of the private or public domain of the State and of the Autonomous Regions.

CHAPTER II
Supervision and monitoring

Article 107
(Repealed.)

Article 108
Provision of information
1 - Bodies subject to obligations under the present law shall provide to the NRA all the information related to their activity, including financial information and information concerning future network or service developments that could have an impact on the wholesale services that they make available to competitors, so that the NRA is able to exercise all powers provided for in the law.
2 - In addition to the provision in paragraph 1, bodies with significant market power on wholesale markets shall also submit to the NRA accounting data on the retail markets that are associated with those wholesale markets.
3 - For the purposes of the preceding paragraphs, bodies shall identify, in a substantiated manner, any information deemed to be confidential, attaching, where appropriate, a non-confidential copy of documents comprising such information.
4 - The requests for information made by the NRA shall comply with the principles of proportionality, shall be appropriate to their intended aims and shall be duly substantiated.
5 - The requested information shall be submitted within the time limits, and in the form and to the level of detail required by the NRA, which may establish the situations and periodicity governing the submission of such information.
6 - Where the NRA provides the European Commission, BEREC or ENISA, at their request, with information obtained pursuant to the preceding paragraphs, the Authority shall inform the undertakings concerned thereof, being entitled to make an explicit and substantiated request to those bodies not to make the information provided available to other regulatory authorities.
7 – The information provided to the NRA pursuant to this article may be made available to BEREC and to regulatory authorities of other Member States, further to a substantiated request, where appropriate, so that such bodies may exercise the respective responsibilities under Community law.
8 – Without prejudice to the final part of paragraph 6, the European Commission, BEREC, ENISA and national regulatory authorities of other Member States shall ensure that information provided by the NRA remains confidential where it has been identified as such under applicable legislation.

Article 109
Purposes of the information request
1 - The NRA may request information in particular for the following purposes:
a) Procedure and assessment of applications for the assignment of rights of use;
b) Market analysis;
c) To monitor compliance, on a case-by-case basis, with the conditions established in articles 27, 32 and 37, whether following a complaint or upon its own initiative;
d) Systematic or case-by-case verification of compliance with the conditions established in articles 28, 97 and 105;
e) Publication of comparable reports on quality and pricing of services for the benefit of consumers;
f) Clearly defined statistical purposes;
g) To safeguard an effective use and to ensure an efficient management of frequencies;
h) To assess future network or service developments that could have an impact on wholesale services made available to competitors;
i) To assess the security and integrity of networks and services in the scope of safety policies adopted.
2 - The information referred to in points b) to i) of the preceding paragraph shall not be requested beforehand or as a condition for pursuing the activity.

Article 110
Non-compliance
1 - Without prejudice to other applicable penalty mechanisms, where the NRA finds that an undertaking does not comply with one or more of the conditions established in articles 27, 28, 32 and 37, it shall notify the undertaking of such findings and give the undertaking an opportunity to state its views within a period of no less than 10 days.
2 - After holding a hearing according to the preceding paragraph, the NRA shall have the power to require the undertaking to cease the breach either immediately or within a reasonable time limit, set by the NRA for the purpose.
3 - For the purposes of the preceding paragraph, the NRA may impose:
a) Financial penalties as provided for in this statutory instrument;
b) Orders to cease or delay provision of a service or bundle of services which, if continued, would result in significant harm to competition, pending compliance with access obligations imposed in accordance with article 66.
4 - The measures imposed and the reasons on which they are based shall be communicated to the undertaking concerned, within two days from being approved.
5 - In cases of serious or repeated breaches of the conditions established in articles 27, 28, 32 and 37, where imposed under paragraphs 3 and 4 have failed, the NRA may determine immediately the suspension of activity of the undertaking or suspend, to a maximum of two years, or withdraw either fully or partially, the respective rights of use.

Article 111
Interim measures
1 - Where the NRA has evidence of any breach of the conditions referred to in articles 27, 28, 32 and 37 that represents an immediate and serious threat to public safety or public health or will create serious economic or operational problems for other providers or users of electronic communications networks or services or other users of the radio spectrum or of numbering resources, it may take urgent interim measures to remedy the situation in advance of reaching a final decision, setting the period during which the measures shall be in force, which shall not exceed three months.
2 - In the cases provided for in the preceding paragraph, the NRA shall thereafter give the undertaking concerned an opportunity to state its view and to propose any remedies.
3- After holding a hearing according to the preceding paragraph, the NRA may confirm the interim measures, which may, in circumstances where a final decision has not been taken, be extended for a further period of up to three months.
4 - The provisions of the preceding paragraphs are without prejudice to the regime of interim measures set out in the Code of Administrative Procedure.

Article 112
Monitoring
It is incumbent on the NRA to enforce the provisions of this law and respective regulations, through its monitoring agents or representatives duly qualified by the Management Board, without prejudice to powers granted to other bodies, including the Autoridade de Segurança Alimentar e Económica (ASAE - the Authority for Economic and Food Safety), the Direcção-Geral das Alfândegas (DGA - the Customs Directorate General), to CNPD, DGC and competent authorities in competition matters.

Article 113
Breaches and fines
1 - Without prejudice to other applicable penalties, minor breaches shall be deemed to be:
a) Failure to comply with the obligation to notify agreements, provided for in paragraph 1 of article 25;
b) Failure to comply with compulsory standards and specifications, in violation of paragraphs 1 and 5 of article 29;
c) (Repealed.)
d) Violation of the obligation provided for in paragraph 4 of article 39;
e) Violation of the obligation provided for in paragraphs 1, 2 and 4 of article 40;
f) Violation of subscriber rights provided for in paragraph 1 of article 50;
g) Failure to comply with the obligation provided for in paragraph 1 of article 53;
h) Violation of obligations provided for in paragraphs 2 and 3 of article 78;
i) Failure to comply with the obligation provided for in paragraph 1 of article 79;
j) Failure to comply with conditions provided for in paragraphs 1 and 2 of article 80;
2 - Without prejudice to other applicable penalties, serious breaches shall be deemed to be:
a) Failure to cooperate with the NRA, in violation of paragraph 5 of article 10;
b) Failure to comply with obligations laid down in paragraphs 1, 2, 6 and 7 of article 21;
c) Violation of the terms of article 23;
d) Failure to comply with the sharing determination referred to in paragraph 2, as well as failure to comply with conditions determined pursuant to paragraphs 3 and 4 of article 25;
e) Failure to comply with rules established in the offer referred to in paragraph 4 of article 26;
f) Failure to comply with the conditions set forth in points b) to f), h) to q), s) and t) of paragraph 1 and in paragraph 2 of article 27;
g) Non-compliance with any of the specific obligations provided for in article 28;
h) Failure to comply with any of the conditions defined pursuant to paragraphs 1 and 2 of article 37, except for the one provided for in point f) of paragraph 1 of the same article;
i) The transfer of rights of use for numbers, in violation of the terms and conditions defined by the NRA, provided for in article 38;
j) The violation of rights of users, of end-users and of subscribers, in breach of paragraphs 1 to 3 of article 39;
l) Failure to comply with the obligation set out in paragraph 5 of article 39;
m) Failure to comply with conditions and requirements determined by the NRA pursuant to paragraph 6 of article 39;
n) Failure to comply with obligations provided for in paragraphs 1 to 3 of article 44;
o) Violation of the right of end-users, provided for in paragraph 2 of article 44-A;
p) Failure to comply with the barring obligation, in violation of paragraphs 1 to 3, 5 and 6 of article 45;
q) Refusal to enter into a contract, in violation of paragraph 5 of article 46;
r) Failure to comply with the information obligation provided for in paragraphs 1 to 3 of article 47;
s) Impediment to the use of information, in violation of paragraph 4 of article 47;
t) Violation of obligations to provide information provided for in paragraphs 1 to 3 of article 47-A;
u) Failure to comply with obligations laid down in paragraphs 1 to 4, 6, 8 and 9 of article 48;
v) Violation of obligations and requirements provided for in paragraphs 1 and 2 of article 48-A;
x) Violation of rights of end-users provided for in paragraph 2 of article 50;
z) Suspension or termination of services in violation of article 52;
aa) Violation of the right of subscribers to portability, provided for in paragraph 1 of article 54, failure to comply with obligations provided for in paragraphs 2, 3 and 4 of article 54 and with obligations established pursuant to paragraphs 5 and 7 of article 54;
bb) Failure to comply with measures referred to in paragraph 2 of article 54-C;
cc) Failure to comply with additional requirements referred to in article 54-D;
dd) Failure to comply with obligations determined under point b) of article 54-E;
ee) Opposition or creation of barriers to the audit provided for in paragraph 1 of article 76;
ff) Violation of obligations provided for in paragraphs 1 and 2 of article 76-B;
gg) Failure to comply with obligations provided for in paragraphs 1 to 4 of article 92;
hh) Opposition or creation of barriers to the audit, provided for in paragraph 6 of article 92;
ii) Failure to comply with obligations provided for in paragraphs 1 and 6 of article 94;
jj) Violation of obligations provided for in paragraphs 1 to 4 of article 103;
ll) Pursue of activities provided for in point d) of paragraph 1 of article 104;
mm) Violation of paragraphs 1 to 3 and 5 of article 108.
3 - Without prejudice to other applicable penalties, very serious breaches shall be deemed to be:
a) Failure to comply with a decision taken by the NRA in a process of settlement of disputes, in violation of paragraphs 1 of article 10 and 2 of article 12;
b) Failure to comply with the obligation provided for in paragraph 1 of article 26;
c) Failure to comply with the substantiated decision taken according to paragraph 3 of article 26;
d) Failure to comply with the obligation to provide the offer provided for in paragraph 4 of article 26 according to conditions of access and use defined by the NRA;
e) Failure to comply with conditions set out pursuant to points a) and g) of paragraph 1 and to paragraph 2 of article 27;
f) The use of frequencies without having obtained the respective right of use, where required, or failing to comply with its terms, in violation of paragraph 1 of article 30;
g) Failure to comply with any of the conditions defined pursuant to paragraphs 1 and 2 of article 32, except for that in point f) of paragraph 1 of the same article;
h) Transfer and lease of rights of use for frequencies without notification, in violation of paragraph 4 and/or paragraph 8 of article 34, as well as the transfer or lease of those rights in violation of paragraph 6 and of rules set out under paragraph 11 of the same article;
i) Failure to comply with any of the conditions or measures imposed under paragraph 2 of article 35;
j) The use of numbers without having obtained the respective right of use or failing to comply with its terms, in violation of paragraph 1 of article 36;
l) Failure to comply with obligations provided for in paragraphs 1 to 3 of article 41;
m) Failure to comply with measures provided for in paragraphs 1 to 3 of article 42;
n) Failure to comply with the “must carry” obligations provided for in paragraph 1 and in the terms of paragraph 3 of article 43;
o) Failure to comply with conditions provided for in paragraphs 3 and 4 of article 46;
p) Refusal to enter into a contract, in violation of paragraph 6 of article 46;
q) Failure to comply with determinations imposed by the NRA, pursuant to paragraph 10 of article 48;
r) Failure to comply with obligations provided for in paragraphs 1 and 2 of article 49;
s) Violation of the obligation provided for in paragraph 4 of article 50;
t) Violation of rights of users referred to in paragraph 1 and violation of the obligation provided for in paragraphs 2, 3 and 5 of article 51;
u) Failure to comply with obligations provided for in article 54-A;
v) Failure to comply with the obligation provided for in article 54-B;
x) Failure to comply with the technical implementing measures referred to in paragraph 1 of article 54-C;
z) Failure to comply with the obligation provided for in paragraphs 1, 2 and 4 of article 54-F;
aa) Opposition or creation of barriers to the audit provided for in paragraph 3 of article 54-F;
bb) Failure to comply with binding instructions provided for in paragraph 1 of article 54-G;
cc) Failure to comply with obligations provided for in paragraph 3 of article 63;
dd) Failure to comply with obligations provided for in paragraphs 1 and 2 of article 64;
ee) Violation of confidentiality obligations provided for in paragraphs 1 and 2 of article 65;
ff) Failure to comply with any of the obligations provided for in paragraphs 1, 3 and 4 of article 66;
gg) Failure to comply with conditions imposed pursuant to paragraph 1 of article 73;
hh) Failure to comply with obligations provided for in paragraph 4 of article 76-B;
ii) Violation of obligations imposed under paragraphs 1 of article 77;
jj) Violation of the obligation imposed under paragraph 1 of article 78;
ll) Failure to comply with obligations provided for in paragraphs 1, 3 and 5 of article 85;
mm) Opposition or creation of barriers to the audit provided for in paragraph 6 of article 85;
nn) Violation of obligations provided for in paragraphs 1 to 3 of article 88;
oo) Violation of obligations and conditions provided for in paragraphs 1 to 3 and pursuant to paragraph 5 of article 89;
pp) Failure to comply with obligations provided for in paragraphs 1, 3 and 4 of article 90;
qq) Failure to comply with obligations provided for in paragraphs 1, 2, 3 and 5 of article 91;
rr) Failure to comply with performance obligations provided for in paragraph 5 of article 92;
ss) Failure to comply with determinations provided for in paragraphs 3 and 5 and obligations provided in paragraph 4 of article 93;
tt) Failure to comply with the contribution obligation in violation of paragraph 2 of article 97;
uu) Failure to comply with obligations provided for in paragraphs 6, 7 and 8 of article 99;
vv) Violation of obligations provided for in article 101;
xx) Failure to comply with obligations provided for in paragraphs 1 to 3 of article 102;
zz) Pursue of activities provided for in points b) and c) of paragraph 1 of article 104;
aaa) Disrespect for decisions ordering interim measures on the terms of paragraphs 1 and 3 of article 111;
bbb) Failure to comply with legitimate orders or commands of the NRA regularly notified to its addressees.
4 - Serious breaches shall be deemed to be, in the scope of Regulation (EC) No 717/2007 of the European Parliament and of the Council, of 27 June, on roaming on public mobile telephone networks within the Community, as amended by Regulation (EC) No 544/2009 of the European Parliament and of the Council of 18 June:
c) Violation of obligations provided for in article 4, in paragraphs 1 to 6 of article 4-B and in articles 6 and 6-A of the referred regulation;
d) Violation of the obligation to provide information provided for in paragraph 4 of article 7 of the referred regulation.
5 - Very serious breaches shall be deemed to be, in the scope of the regulation referred to in the preceding paragraph:
a) Violation of obligations provided for in paragraphs 1 and 2 of article 3 and in articles 4-A and 4-C of the referred regulation;
b) Violation of determinations issued by the NRA in the use of powers granted under paragraphs 5 and 6 of article 7 of the referred regulation.
6 - Minor breaches shall be punishable by the following fines:
a) If committed by a natural person, between (Euro) 100 and (Euro) 2500;
b) If committed by a micro undertaking, between (Euro) 200 and (Euro) 5000;
c) If committed by a small undertaking, between (Euro) 500 and (Euro) 10 000;
d) If committed by a medium-sized undertaking, between (Euro) 1000 and (Euro) 20 000;
e) If committed by a large undertaking, between (Euro) 2000 and (Euro) 100 000.
7 - Serious breaches shall be punishable by the following fines:
a) If committed by a natural person, between (Euro) 250 and (Euro) 7500;
b) If committed by a micro undertaking, between (Euro) 1000 and (Euro) 10 000;
c) If committed by a small undertaking, between (Euro) 2000 and (Euro) 25 000;
d) If committed by a medium-sized undertaking, between (Euro) 4000 and (Euro) 50 000;
e) If committed by a large undertaking, between (Euro) 10 000 and (Euro) 1 000 000.
8 - Very serious breaches shall be punishable by the following fines:
a) If committed by a natural person, between (Euro) 750 and (Euro) 20 000;
b) If committed by a micro undertaking, between (Euro) 2000 and (Euro) 50 000;
c) If committed by a small undertaking, between (Euro) 6000 and (Euro) 150 000;
d) If committed by a medium-sized undertaking, between (Euro) 10 000 and (Euro) 450 000;
e) If committed by a large undertaking, between (Euro) 20 000 and (Euro) 5 000 000.
9 - Where the breach results from failure to comply with a legal duty or with an order issued by the NRA, penalties applied or compliance therewith shall not exempt the offender from fulfilling the duty or order, where possible.
10 - In the cases referred to in the preceding paragraph, the NRA may subject the offender to the injunction of fulfilling the duty or order under consideration, and failure to comply therewith, within the period prescribed, may determine a penalty payment under the terms of article 116.
11 - Breaches provided for in this law, where attempted or committed by negligence, shall be punishable.

Article 114
Additional sanctions
1 - In addition to the fines set out in the preceding article, the following additional penalties may also be applied, where justified by the seriousness of the offence and the degree of fault of the offender:
a) Confiscation of objects, equipment and illicit devices, as regards breaches provided for in points ll) and jj) of paragraph 2 and point zz) of paragraph 3 of the preceding article;
b) Ban on engaging in the respective activity for up to two years, as regards breaches provided for in point f) of paragraph 2 and points a), e), f), h), j), m), n) and bb) of paragraph 3 of the preceding article;
c) Withdrawal of the right to participate in tenders or auctions promoted under the scope of the present law for up to two years, as regards breaches provided for in points f), h), m) and n) of paragraph 3 of the preceding article.
2 - Where objects, equipment or illicit devices are confiscated, pursuant to point a) of the preceding paragraph, the respective owner or holder shall hand them over to the NRA, within 30 working days from the notification of the decision ordering the confiscation.

Article 115
Procedure and application
1 - Admonitions, fines and additional penalties provided for in this law, as well as termination of breach proceedings, shall be incumbent on the Management Board of the NRA.
2 – The Board of Directors of the NRA shall initiate breach proceedings, the examination thereof being incumbent upon the respective services.
3 – The assignments provided for in the preceding paragraphs may be delegated.
4 – The amount of the fines shall revert to the State at 60% and to the NRA at 40%.
5 - (Repealed.)
6 - The preceding paragraphs shall not apply to failure to comply with the conditions provided for in paragraphs 3 and 4 of article 46, being incumbent on CNPD to open and examine breach proceedings, as well as to apply the respective fines, the amount of which reverts at 40% to this body.

Article 116
Compulsory penalty payments
1 - Without prejudice to other applicable penalties, in case of failure to comply with decisions issued by the NRA imposing administrative penalties or, in the exercise of legally assigned powers, ordering undertakings providing electronic communications networks and services to adopt behaviours or measures, the NRA is entitled to impose a compulsory penalty payment, namely in cases provided for in points a) and g) of paragraph 1, points d), e), gg) and jj) of paragraph 2, points a), b), c), d), h), l), m), n), q), s), bb), cc), ff), hh), ii), jj), ll), mm), oo), qq) ss), tt), aaa) and bbb) of paragraph 3 and point b) of paragraphs 4 and 5, all of article 113.
2 – The compulsory penalty payment shall consist of the imposition on the undertaking providing electronic communications networks and services of the payment of a pecuniary amount for each day of non-compliance beyond the deadline set for such compliance.
3 – The sanction referred to in the preceding paragraphs shall be determined according to criteria of reasonability and proportionality, having regard to the turnover of the offender in the preceding civil year, and with regard to the negative impact of the non-compliance on the market and on users, the daily amount of which sanction shall range from €2000 to €100000.
4 – The amounts established pursuant to the preceding paragraph may vary for each day of non-compliance, in an increasing trend, and shall not exceed the maximum amount of €3 000 000 or the maximum period of 30 days.
5 – The amount of the applied sanction shall revert to the State at 60% and to the NRA at 40%.
6 – The acts of the NRA practiced under the present article can be brought before the court for competition, regulation and supervision, when practiced within the scope of an administrative offence proceeding, and before the administrative courts, in all other cases.

Article 117
(Repealed.)

Article 118
(Repealed.)

Article 119
(Repealed.)

CHAPTER III
Availability of information by the NRA

Article 120
Publication of information
1 – It is incumbent upon the NRA to make available and update information that contributes to an open and competitive market, in particular information on the following matters:
a) Application of the present regulatory framework;
b) Consultation procedures in course under the terms of articles 8, 57 and 57-A, as well as the result of concluded procedures, save for confidential information;
c) Rights, conditions, procedures, fees and decisions concerning general authorisations and rights of use and to install facilities;
d) Transfer of rights of use;
e) Registration of undertakings providing electronic communications networks and services;
f) Obligations imposed on undertakings pursuant to chapters III and IV of title IV, identifying the respective markets, safeguarding confidential information or information constituting a business secret;
g) Information on rights within the scope of the universal service, including those provided for in article 94, and conditions governing the provision of all publicly available services, thereby allowing consumers to assess available alternatives, in particular by means of interactive guides;
h) A report on the costs of the universal service, pursuant to article 98;
i) The results of the calculation of the universal service net cost and of the audit carried out under the terms of article 96;
j) Available arbitration and mediation mechanisms, pursuant to paragraph 1 of article 48-B.
2 – The information referred to in the preceding paragraph shall be made available, in particular in digital form over the Internet, at the headquarters of the NRA and at all delegations thereof, as well as in its official publication, as appropriate and according to the nature of the matter.
3 – For the purpose of point c) of paragraph 1, where the information refers to different sectors of the Public Administration, the NRA shall make all reasonable efforts to make a complete picture of such information available to the user, especially with a view to facilitating the presentation of requests for rights to install resources, where such is possible without incurring disproportionate costs.
4 – The NRA shall transmit to the European Commission:
a) A copy of all published information mentioned in point f) of paragraph 1;
b) The notification of those undertakings deemed as having significant market power and the respective alterations which may take place;
c) Identification of undertakings designated as universal service providers, as well as obligations imposed on them;
d) All information requested by the European Commission, having regard to the regular review of the application of electronic communications directives.

TITLE VIII
Final and transitory provisions

Article 121
Reassessment of rights of use for frequencies
1 - Holders of rights of use for frequencies allocated before 25 May 2011 which remain valid until 25 May 2016 may submit up to this date an application to the NRA for a reassessment of the technology and service neutrality restrictions on their rights, which fall under restrictions provided for in paragraphs 2 to 5 of article 16-A.
2 - When examining the applications for reassessment of restrictions on rights of use submitted pursuant to the preceding paragraph, the NRA shall take appropriate measures to promote fair competition.
3 - The NRA shall notify the right holder of the result of its reassessment, and shall allow him a time limit of no less than 10 days to address the issue or to withdraw his application.
4 - If the right holder withdraws his application, the right shall remain unchanged until its expiry or until 25 May 2016, whichever is the earlier date.
5 - After 25 May 2016, the NRA shall take all appropriate measures to ensure that article 16-A applies to all remaining general authorisations, individual rights of use and spectrum allocations used for electronic communications services which existed on 25 May 2011.
6 - (Repealed.)

Article 121-A
((Repealed.)

Article 122
Maintenance of rights and obligations
1 - Undertakings shall maintain the rights of use of numbering resources and frequencies allocated before the publication of this law until the deadline specified in the respective qualifying document, where such deadline exists.
2 - All obligations taken by licensed undertakings in tenders carried out before the publication of the present law shall also continue to apply, thus the respective tender instruments remain also in force, in the relevant part.
3 - Without prejudice to article 43, legislative or administrative measures forcing operators, when granting access or interconnection, to provide different conditions to different undertakings for equivalent services and or imposing obligations that are not related to access and interconnection services effectively provided, in this case without prejudice to the conditions set out in articles 27, 32 and 37, shall not be maintained.

Article 123
Transitory rules
1 - Obligations provided for in article 43 shall be reviewed by 25 May 2012, further to specification by the Entidade Reguladora para a Comunicação Social (the Media Regulatory Authority) of television and radio programme services which must be subject to the must carry obligation by undertakings that provide electronic communications networks and services.
2 - The adjustment of contract prevention mechanisms is subject to the procedure provided for in paragraph 2 of article 46.
3 - The NRA shall publish, within a period not exceeding 60 days following the publication of the present law, a regulation defining the procedure to be adopted by undertakings providing publicly available electronic communications networks and services at a fixed location, as regards the monthly collection and delivery, to municipalities, of revenues which result from the application of the MFRW.

Article 124
Concessionaire
1 - The regime in the present law shall apply to the concessionaire of the public telecommunications service.
2 - All obligations included in the bases of concession of the public telecommunications service approved by Decree-Law number 31/2003, of 17 February, shall remain in force, except where a more demanding regime results for the concessionaire from the application of this law, in which case such regime shall apply.
3 - (Repealed.)

Article 125
Regulations
1 - It is incumbent upon the NRA to publish the necessary regulations for implementing this law, namely those concerning matters referred to in paragraph 1 of article 21, paragraphs 2 of article 27, 32, 37 and 40, paragraph 3 of article 51, paragraph 7 of article 54, paragraphs 2 and 4 of article 92 and paragraph 5 of article 108, without prejudice to the statutory power of the NRA to issue regulations where required to pursue its assignments.
2 - Without prejudice to the preceding paragraph, all measures and determinations adopted by the NRA pursuant to legislation repealed by the present law shall remain in force.

Article 126
Calculation of time limits
1 - The rules laid down in article 72 of the Code of Administrative Procedure shall apply to the calculation of time limits provided for in the present law.
2 - Time limits provided for in articles 57 and 57-A shall be calculated according to rules established by the European Commission in recommendations or guidelines approved under the procedure provided for in Directive 2002/21/EC, of the European Parliament and of the Council of 7 March, as amended by Directive 2009/140/EC of the European Parliament and of the Council, of 25 November.

Article 127
Repealing provision
1 – The following statutory instruments are hereby repealed:
a) Law no 91/97 of 1 August, as amended by article 1 of Law no 29/2002 of 6 December, except for paragraphs 2 and 3 of article 12;
b) Decree-Law no 230/96 of 29 November;
c) Decree-Law no 241/97 of 18 September;
d) Decree-Law no 381-A/97 of 30 December;
e) Decree-Law no 415/98 of 31 December;
f) Decree-Law no 290-A/99 of 30 July, with the amendments introduced by Decree-Law no 249/2001 of 21 September;
g) Decree-Law no 290-B/99 of 30 July;
h) Decree-Law no 290-C/99 of 30 July;
i) Decree-Law no 458/99 of 5 November;
j) Decree-Law no 474/99 of 8 November, with the amendments introduced by Law no 95/2001 of 20 August;
l) Decree-Law no 287/2001 of 8 November;
m) Decree-Law no 133/2002 of 14 May.
2 – (Repealed.)
3 – Point e) of paragraph 1 of article 7 of Decree-Law number 555/99 of 16 December, as amended by Decree-Law number 26/2010, of 30 March, shall not apply to the concessionaire of the public telecommunications service.
4 – Administrative Rule no 791/98 of 22 September, approved pursuant to Decree-Law no 241/97 of 18 September, shall remain in force.

Article 128
Entry into force
1 – The present law shall enter into force on the day following that of its publication.
2 – The MFRW, provided for in article 106, shall enter into force 90 days after the publication of the present law.

ANNEX I
Parameters of quality of service
Supply-time and quality-of-service parameters, definitions and measurement methods referred to in articles 40 and 92

Note. - Version number of ETSI EG 202 057-1 is v. 1.3.1 (July 2008).

Assembleia da República (Assembly of the Republic)

Law

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Availability of services

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