Regulation no. 300/2009 - Regulation governing settlement and collection of fees due to ICP-ANACOM, was approved by determination of the Management Board of ICP-ANACOM of 1 July 2009 and entered into force on 20 July 2009.
After more than two years of the Regulation being in force, and in light of its practical implementation, it has been shown that specific changes are warranted.
Accordingly, express provision is now made that fees are to be settled before temporary licenses are issued; it is further stipulated that the fees due pursuant to the regime governing the construction of infrastructure which is suitable for accommodating electronic communications networks, the installation of electronic communications networks and the construction of Infraestruturas de Telecomunicações em Loteamentos, Urbanizações e Condomínios (Infrastructures for telecommunications in housing developments, urban settlements and concentrations of buildings) and Infraestruturas de Telecomunicações em Edifícios (Telecommunications infrastructure in buildings) are payable upon the submission of the respective application, which procedure shall also apply in the case of fees specified in points a) to f) of paragraph 1 or article 19 of Decree-Law no. 53/2009 of 2 March.
Furthermore, express provision was made that, under exceptional circumstances, the fee-payer may apply for a waiver of the requirement to provide guarantee and further provision was made - also on an exceptional basis - that applications to make fee payments in instalments may be made until such time as the certidão de dívida (liability certificate) is issued.
Finally, as regards the rules governing notifications, expression provision was made that ICP-ANACOM may notify fee-payers by ordinary post, facsimile or electronic transmission of data, where the settlement does not involve a change to the contributory status of the fee-payer, limiting the obligation to make notification using registration and notice of receipt to those cases where the notification involves acts or decisions that may change the contributory status of fee-payers or where fee-payers are called on to attend in order to assist with or participate in investigations.
The amendments to the Regulation governing settlement and collection of fees due to ICP-ANACOM apply to ongoing processes of issuance, settlement and collection.
Accordingly, the Management Board of ICP-ANACOM, after submission to public consultation and pursuant to articles 9, point a) and 26, points b) and g) of ICP-ANACOM's Statutes, determined to approve the following amendment to the Regulation governing the settlement and collection of fees due to ICP-ANACOM.
Article 1
(Amendment to Regulation no. 300/2009 of 1 July 2009)
Articles 2, 5, 16, 18, 19, 20 and 22 of Regulation no. 300/2009 of 1 July 2009 are amended to read as follows:
"Article 2
Fees
1 - (...)
2 - The following fees are associated with administrative costs:
a) (...)
b) (...)
c) (...)
d) (...)
e) (...)
f) Fees in respect of the installation of ITUR - Infraestruturas de telecomunicações em loteamentos, urbanizações e conjuntos de edifícios (Infrastructures for telecommunications in housing developments, urban settlements and concentrations of buildings) and fees in respect of ITED - Infraestruturas de telecomunicações em edifícios (Telecommunications infrastructure in buildings);
g) (...)
h) (...)
3 - The following fees are associated with the optimisation of the use of common resources:
a) Fees in respect of the use of frequencies for terrestrial electronic communications services;
b) (...)
c) (...)
d) (...)
e) (...)
f) (...)
g) (...)
h) (...)
i) (...)
j) (...)
k) (...)"
"Article 5
1 - (...)
2 - Without prejudice to other penalties as may be applicable in the event of failure to comply with the obligations stipulated in the preceding paragraph, ICP-ANACOM may, pursuant to article 8 of Law no. 99/2009 of 4 September, to articles 113, paragraph 9 and 10, and 116 of Law no. 5/2004, of 10 February, as amended by Law no. 51/2011 of 13 September, and articles 49, paragraphs 8 and 9, and 52 of Law no. 17/2012 of 26 April, impose mandatory pecuniary penalties."
"Article 16
Payment terms
Fees due to ICP-ANACOM are payable:
a) (...)
b) Upon the act of submission, in the case of fees stipulated in points a) to f) of paragraph 1 of article 19 of Decree-Law no. 53/2009 of 2 March and with regard to the fees stipulated in articles 56 and 86 of Decree-Law no. 123/2009 of 21 May, as amended by Decree-Law no. 258/2009 of 25 September;
c) Prior to the licence being issued, where the application refers to a temporary license."
"Article 18
Non-compliance
1 - In the event that the fee-payer fails to make payment of fees in accordance with the time limits established in the present Regulation, late payment interest shall be applied and payable, in accordance with article 44 of Lei Geral Tributária (General Taxation Law), without prejudice to any surcharges as may be due, in particular as pursuant to paragraph 8 of article 19 of Decree-Law no. 151-A/2000 of 20 July, as amended by Decree-Law no. 264/2009 of 28 September.
2 - (...)
3 - Without prejudice to the preceding paragraphs, the non-payment of fees due to ANACOM determines application of article 110 of Law no. 5/2004 of 10 February, as amended by Law no. 51/2011 of 13 September, without prejudice to other sanctioning mechanisms as may be applicable."
"Article 19
Payment in instalments
1 - (...)
2 - (...)
3 - (...)
4 - Where the time limit for voluntary payment has elapsed, the request referred to in the preceding paragraph may, on an exceptional basis, be submitted until and no later than the day preceding the issue by ICP-ANACOM of the certidão de dívida (liability certificate).
5 - Requests from applicants for waiver of the requirement to provide guarantee, may also, on an exceptional basis, be granted, where economic conditions do not enable provision of such guarantee.
6 - Applications as referred to in paragraphs 4 and 5 are to be properly reasoned, whereby ICP-ANACOM may request additional evidence.
7 - Failure to make timely payment of any of the instalments determines that all remaining instalments become immediately payable."
"Article 20
Enforced Collection
1 - (...)
2 - ICP-ANACOM shall send a notice to the fee-payer, by ordinary post, prior to the issue of the certidão de dívida (liability certificate) for the purpose of enforced collection."
"Article 22
Notifications
1 - Notifications are to be made by registered letter with notice of receipt as refer to acts or decision which may alter the contributory status of fee-payers or where fee-payers are called on to attend in order to assist with or participate in investigations.
2 - In cases other than those specified in the preceding paragraph, notifications are to be made by registered post, with or without notice of receipt, by ordinary post, by fax or by electronic transmission of data."
Article 2
Entry into force
The present Regulation shall enter into force five days following its publication, whereas the amendments so introduced to the Regulation governing settlement and collection of fees due to ICP ANACOM shall apply to all processes of issuance, settlement and collections as are ongoing.
Article 3
Republication
The Regulation governing settlement and collection of fees due to ICP-ANACOM, with the amendments approved by the present Regulation, is
