Administrative Rule no. 296-A/2013, of 2 October

Ministério da Economia e do Emprego (Minister for Economy and Employment)

Administrative Rule

(This is not an official translation of the law)

Administrative Rule No. 1473-B/2008, of 17 December, rectified by Statement No. 16-A/2009, of 13 February, and amended by Administrative Rules Nos. 567/2009, of 27 May, 1307/2009, of 19 October, and 291-A/2011, of 4 November, approved the amount of fees due to ICP - Autoridade Nacional das Comunicações (ICP-ANACOM).

This administrative rule combined, in a single statutory instrument, the fees provided for in article 105 of Law No. 5/2004, of 10 February (ECL - Electronic Communications Law), as amended and republished by Law No. 51/2011, of 13 September, and subsequently amended by Laws Nos. 10/2013, of 28 January, and 42/2013, of 3 July, and other fees scattered in administrative rules and orders that implemented the respective establishing instruments, namely fees applicable in the scope of the amateur and amateur-satellite services, the personal radio service - citizens’ band, the installation of telecommunication infrastructures in housing developments, urban settlements and concentrations of building (ITUR) and in buildings (ITED), audio-text services and value-added message-based services and the pursue of the postal activity.

Having been published Law No. 17/2012, of 26 April, which lays down the legal regime that governs the provision of postal services, under a full competition regime, on national territory, as well as of international services to or from national territory, transposing to the national legal system Directive 2008/6/EC of the European Parliament and of the Council, of 20 February 2008, fees provided for in this statutory instrument must be determined, annex IX to Administrative Rule No. 1473-B/2008, of 17 December, must be reviewed, and other provisions thereof must be adjusted, where appropriate.

According to Law No. 17/2012, of 26 April, the amount of fees due for the issue, amendment and renewal of the licence and for the issue of the statement certifying the entry of the provider in the register of postal service providers, as well as the annual fee due for pursue of the activity, is determined in accordance with costs arising from administrative, technical and operational tasks related to the corresponding regulatory, monitoring and enforcement activities, and constitutes a revenue for ICP-ANACOM. As specifically regards the annual fee due for pursue of the activity, is must be borne by postal service providers on the basis of costs resulting from regulatory, monitoring and enforcement activities concerning their services.

The issue and other actions concerning licences and statements related to postal service providers are activities which ICP-ANACOM performs on the basis of the market demand, which naturally entails an uneven distribution of such actions over time. In this context, values approved herein, which generally represent a significant decrease as regards amounts in force until now, are based on a recent estimate of the average number of working hours required to perform each of the earlier-mentioned actions and the average cost per working hour of ICP-ANACOM’s staff engaged in the development of this process, as well as the respective structure costs.

As regards the fee due for the provision of postal services, it is determined that the total amount of costs to be considered for the calculation of this fee each year corresponds to the respective average value of the last three financial years (disregarding provisions relating to legal cases) to which is added the average value of provisions relating to legal cases in the postal sector in the last five financial years. This method allows extreme fee fluctuations resulting from cost changes to be avoided, while maintaining the principles of predictability and transparency.

Moreover, considering the principles of cost orientation and proportionality underlying the regime laid down by Law No. 17/2012, of 26 April, and taking into consideration the harmonization with the fee model already in force for providers of electronic communications networks and services, three contributory steps are hereby established, in the scope of the fee due for the provision of postal services, according to the relevant revenues of postal service providers.

Accordingly, providers in step 0 are exempt from paying the fee and providers in step 1 must pay a fixed fee. As for providers in step 2, the payable fee is calculated according to the respective relevant revenues. In this case, a four-year transition period must be guaranteed, to allow a gradual adjustment of providers that must bear an higher fee than the one currently due, thus mitigating the impact of the fee due for the provision of the activity.

In the scope of the settlement of the annual fee due for the provision of electronic communications networks and services, the impact of the approval by ICP-ANACOM, on 2011, of the methodology for calculating the net costs of the electronic communications universal service must be taken into consideration. In fact, it is deemed appropriate to review, according to the application of the referred methodology, the values of relevant revenues provisionally indicated by the universal service provider, as provided for in annex II to Administrative Rule No. 1473-B/2008 of 17 December. As such, it is laid down that the universal service provider must present reviewed values of relevant revenues according to the mentioned methodology, being incumbent on ICP-ANACOM to review the settlement of the fee due each year, which shall be without prejudice to the adjustment required under the final part of paragraph 5 of the mentioned annex II to Administrative Rule No. 1473-B/2008 of 17 December, on the basis of the final calculation of the universal service net costs.

In this scope also, and bearing in mind the new framework resulting from the selection procedure of provider(s) of the electronic communications universal service, undertaken pursuant to paragraphs 2 and 3 of article 99 of ECL, namely the fact that the amount of the universal service net costs to be compensated will result from procedures for the designation of the universal service provider(s), it is hereby clarified that the provisions in paragraphs 4 and 5 of annex II to Administrative Rule No. 1473-B/2008 of 17 December, shall not apply in the context of the provision of the universal service by providers designated under the new selection procedures. It is stressed that, as the new framework resulting from the new designation procedures does not include a calculation methodology that aims to determine the amount of the compensation due for net costs of the universal service, revenues from non-profitable customers or elements of the universal service to be deducted for the purpose of the calculation of relevant revenues are not to be identified.

Furthermore, in the scope of the annual fee due for the provision of electronic communications networks and services, the maximum threshold for the first contributory step and the minimum threshold for the second contributory steps are reviewed, with a view to mitigate the impact of the application of the fee regime on smaller bodies. Moreover, the value of administrative costs to be considered in the calculation of the fee T2 no longer includes the amount of costs budgeted for the settlement year, this being the methodology used so far, to correspond to the average value of the last three financial years for the cost component (disregarding provisions relating to legal cases) added to the average value of the provisions relating to legal cases in the postal sector in the last five financial years. The thresholds and calculation method for this fee are thus harmonized with the thresholds and calculation formula now established in the scope of the fee due for the provision of postal services. Notwithstanding, as this involves specific changes to the current model, and taking into account the ongoing procedure for settlement of fees due for 2013, such changes will only take effect as from 1 January 2014.

Taking into account the amendment to the Accounting Standardisation System, the terminology relating to relevant revenues was also reviewed, as well as the terminology of the formula for determining the annual fee due for the provision of electronic communications networks and services.

As regards the fee for use of numbers, provided for in annex III to Administrative Rule No. 1473-B/2008 of 17 December, and in application of the principle “user-pays”, the way how the fee for use that corresponds to a code/number of the National Telecommunications Numbering Plan is to be calculated is clarified (E.164).

In the light of technological developments occurred in the meantime, a few fees for use of radio spectrum, included in annex IV to Administrative Rule No. 1473-B/2008 of 17 December, are also amended. It is the case of fees due for the provision of the digital television broadcasting service, being guaranteed the possibility of coverages other than the national and partial scope currently provided for; fees due for the provision of the fixed service, in point-to-point and point-to multipoint connections in bands higher than 1 GHz, with a distinction being made between the use of bands between 61 and 71 GHz and higher than 71 GHz; and also fees due for broadcasting ancillary services, being clarified that video connections include data transmission connections. Annex IV is also rectified as regards quantifying symbols of limits of fee steps.

In this scope, fees due for the analogue terrestrial television broadcasting are revoked, given the respective switch-off on 26 April 2012, date on which the television broadcasting service became exclusively digital, the MMDS (Multipoint Microwave Distribution System) fixed service being also revoked, given its deactivation at the end of 2011.

As regards fees that apply to the construction of telecommunication infrastructures in housing developments, urban settlements and concentrations of buildings (ITUR) and in buildings (ITED), provided for in annex VII to Administrative Rule No. 1473-B/2008 of 17 December, it is necessary to adapt the respective regime to Law No. 47/2013 of 10 June, which introduces the second amendment to Decree-Law No. 123/2009 of 21 May, previously amended and republished by Decree-Law No. 258/2009, of 25 September.

Some individual amendments are also introduced in order to achieve better reconciliation between provisions of Administrative Rule No. 1473-B/2008 of 17 December and the regime that applies to electronic communications, as well as to rectify some fees codes provided for in annex V to the referred administrative rule, as far as the amateur and amateur-satellite services are concerned.

Lastly, taking into consideration the multiple amendments to which the statutory instruments referred by Administrative Rule No. 1473-B/2008, of 17 December, have been subject to, this opportunity is taken to standardize the references to legal and regulatory instruments throughout the administrative rule and respective annexes, being clarified that the reference to such instruments includes the amendments that were made, which justifies the change, among others, of annex VIII.

A public consultation was held concerning the draft amendment of Administrative Rule No. 1473-B/2008, of 17 December.

Therefore:

The Government, through its Secretary of State for Infrastructures, Transports and Communications, in the use of the powers delegated under paragraphs 3.1. and 3.5. of Order No. 12100/2013, of the Minister of Economy, of 12 September, published in the 2nd Series of the Official Gazette No. 183, of 23 September 2013, and in compliance with paragraphs 2 and 3 of article 105 of Law No. 5/2004 of 10 February, as amended and republished by Law No. 51/2011, of 13 September, and subsequently amended by Laws Nos. 10/2013, of 28 January, and 42/2013, of 3 July, with paragraph 7 of article 19 of Decree-Law No. 151-A/2000, of 20 July, as amended and republished by Decree-Law No. 264/2009, of 28 September, and subsequently amended by Law No. 20/2012, of 14 May, paragraph 6 of article 19 of Decree-Law No. 53/2009, of 2 March, paragraphs 2 of article 56 and article 86, both of Decree-Law No. 123/2009, of 21 May, as amended and republished by Decree-Law No. 258/2009, of 25 September, and by Law No. 47/2013, of 10 July, and with paragraph 3 of article 44 of Law No. 17/2012, of 26 April, hereby orders as follows:

Article 1
Amendment to Administrative Rule No. 1473-B/2008, of 17 December

Articles 1, 2, 3, 4, 11, 14, 16, 17, 20, 21 and 22 of Administrative Rule No. 1473-B/2008, of 17 December, rectified by Statement No. 16-A/2009, of 13 February, and amended by Administrative Rules Nos. 567/2009, of 27 May, 1307/2009, of 19 October, and 291-A/2011, of 4 November, are hereby amended to read as follows:

«Article 1
[...]

a) The issue of statements supporting rights granted by ICP-ANACOM, the allocation of rights of use for frequencies and the allocation of rights of use for numbers and their reservation, provided for respectively, in paragraphs 1 a), c) and d) of article 105 of Law No. 5/2004, of 10 February, included in annex I hereto, which is an integral part hereof;

b) The provision of publicly available electronic communications networks and services, provided for in paragraph 1 b) of article 105 of Law No. 5/2004, of 10 February, included in annex II hereto, which is an integral part hereof;

c) The use of numbers, provided for in paragraph 1 e) of article 105 of Law No. 5/2004, of 10 February, included in annex III hereto, which is an integral part hereof;

d) The use of frequencies, provided for in paragraph 1 f) of article 105 of Law No. 5/2004, of 10 February, and in paragraphs 1 and 7 of article 19 of Decree-Law No. 151-A/2000, of 20 July, included in annex IV hereto, which is an integral part hereof;

e) [...]

f) [...]

g) The issue of professional titles of ITUR and ITED installers qualified by ICP-ANACOM, as well as the certification of training providers of ITUR and ITED designers and installers, provided for in paragraphs 1 of articles 56 and 86 of Decree-Law No. 123/2009, of 21 May, included in annex VII hereto, which is an integral part hereof;

h) The access to and provision of audio-text services and value-added message-based services, provided for in paragraphs 1 and 2 of article 11 of Decree-Law No. 177/99 of 21 May, included in annex VIII hereto, which is an integral part hereof;

i) The access to and provision of postal services, provided for in paragraphs 1 and 2 of article 44 of Law No. 17/2012, of 26 April, included in annex IX hereto, which is an integral part hereof.

Article 2

The annual fees due for the provision of publicly available electronic communications networks and services, the use of numbers and the use of frequencies, provided for respectively in paragraphs 1 b), e) and f) of article 105 of Law No. 5/2004 of 10 February, as well as for the provision of postal services, provided for in paragraph 2 of article 44 of Law No. 17/2012, of 26 April, shall be settled in September every year.

Article 3

For the purpose of settling the annual fees due for the provision of electronic communications networks and services and of postal services, the respective providers shall submit to ICP-ANACOM, by 30 June every year, a statement signed by the taxable person in person, in the case of a natural person, or by the body empowered to bind the legal person, acknowledged as such, where appropriate, indicating the amount of relevant revenues achieved in the preceding calendar year directly connected to the pursue of the activity.

Article 4

1 - Where the provider of electronic communications networks and services or of postal services ceases its activity before 30 June of each calendar year, a statement must be sent to ICP-ANACOM within 15 days from the date of termination of activity, indicating relevant revenues achieved in the preceding calendar year directly connected to the pursue of the activity, for the purpose of immediate settlement of fee.

2 - The annual fee for the provision of electronic communications networks and services shall be due:

a) By the date of termination of activity where it is notified to ICP-ANACOM pursuant to paragraph 7 of article 21 of Law No. 5/2004, of 10 February;

b) By the date set when the entry in the register with ICP-ANACOM is cancelled, where the termination of activity is notified after the date when it occurred, without prejudice to the applicable penalties;

c) By the date set when the entry in the register with ICP-ANACOM is cancelled, in the cases referred in paragraph 2 b) of article 21-A of Law No. 5/2004, of 10 February.

3 - The annual fee for the provision of postal services shall be due:

a) By the date set when the license is revoked or the license to be issued by ICP-ANACOM is declared to have expired, under article 33 of Law No. 17/2012, of 26 April;

b) By the date set when the entry in the register with ICP-ANACOM is cancelled, in the case of providers subject to the general authorization regime;

c) By the date set when the entry in the register with ICP-ANACOM is suspended, in the cases referred in paragraph 2 of article 26 of Law No. 17/2012, of 26 April.

4 - Where the termination of activity by a provider of electronic communications networks and services is not notified within the time period referred in paragraph 7 of article 21 of Law No. 5/2004, of 10 February, it shall be assumed that it takes place on the date the respective notification is received at ICP-ANACOM, in case this date is subsequent to that declared by the body.

5 - In the cases referred to in paragraph 2 b) of article 21-A of Law No. 5/2004, of 10 February, and paragraph 2 of article 26 of Law No. 17/2012, of 26 April, it shall be assumed that the termination or suspension of activity occurs once after the expiry of the 90-day time period to which the mentioned legal provisions refer.

Article 11

The provision in the preceding article shall not apply to the use of spectrum resulting from the granting of new rights of use for frequencies, as well as from the issue of new radio licenses.

Article 14

In case of termination of the provision of electronic communications networks and services, the annual fees for the use of frequencies and numbers are due up to the date on which the revocation of the right of use for frequencies or radio licenses takes effect, as the case may be, or of the rights of use for numbers, a review of the settlement taking place in case it has already been undertaken.

Article 16

Bodies referred to paragraph 5 of article 19 of Decree-Law No. 151-A/2000, of 20 July, shall be applied a reduction by 70% on the amount of fees due for the use of frequencies.

Article 17

As regards temporary licenses provided for in article 13 of Decree-Law No. 151-A/2000 of 20 July, the following rules apply:

a) [...]

b) [...]

c) [...]

Article 20

The fee provided for in the preceding article shall not be paid where:

a) [...]

b) [...]

Article 21

The application of the fee due for the use for numbers shall comply with the following rules:

a) [...]

b) [...]

c) [...]

d) [...]

e) In case of transfer of rights of use for numbers, it shall be due by the body to which rights are transferred, as from the month following that on which ICP-ANACOM’s decision on the transfer takes effect.

Article 22

1 - Fees due for ported numbers shall be presented to the donor provider, defined in ICP-ANACOM Regulation No. 58/2005 of 18 August (Portability Regulation) as the body responsible for the numbering resources initially allocated by the regulator and from which the subscriber switches over in the first portability order, that donor provider being entitled to recover the same value from the company to which the customer has switched.

2 - [...]»

Article 2
Amendment to Annex II to Administrative Rule No. 1473-B/2008, of 17 December

1 - Paragraphs 1, 2, 3, 4 and 5 of annex II to Administrative Rule No. 1473-B/2008, of 17 December, rectified by Statement No. 16-A/2009, of 13 February, and amended by Administrative Rules Nos. 567/2009, of 27 May, 1307/2009, of 19 October, and 291-A/2011, of 4 November, are hereby amended to read as follows:

«1 - The amount of the annual fee due for the provision of publicly available electronic communications networks and services, provided for in paragraph 1 b) of article 105 of Law No. 5/2004 of 10 February, shall be calculated based on the amount of relevant revenues directly connected to the pursue of the electronic communications activity achieved in the calendar year preceding that on which the fee is settled, according to steps indicated in the table below.

Fee code	Steps	Between ...Euro	And ... Euro	Fee T₁(Euro)
121101	0	0	100 000	T₀ = 0
121102	1	100 001	1 500 000	T₁ = 2 500
121103	2	1 500 001	No limit	T₂

Method of calculation of fee T₂

T_i_{(Year n)} ₌	Fee due by bodies of step i (i= 0, 1, 2) in Year n.
n_{i (Year n)} =	Number of bodies of step i (i= 0, 1, 2) in Year n.
R_i _{(Year n-1)} =	Relevant revenues of bodies of step i (i= 0, 1, 2) in Year n-1, which must be submitted to ICP-ANACOM pursuant to article 3 hereof.
ΣR_i _{(Year n-1)} =	Total relevant revenues of bodies of step i (i= 0, 1, 2) in Year n-1.
C_{(Year n)} =	Total administrative costs (expenses) borne by ICP-ANACOM concerning paragraph 1b) of article 105 of Law No. 5/2004 of 10 February, to be published pursuant to paragraph 5 of the same article, which must be taken into consideration for year n, which correspond to the average value in the last 3 financial years of the costs (expenses) component, disregarding provisions, plus the average value of provisions in the last five financial years relating to legal cases in the electronic communications sector.
R₂ _{(Year n-1)} =	Relevant revenues of bodies of step 2 in Year n-1.
t₂ _{(Year n)} =	(C _{(Year n)} - T₁ _{(Year n)}n_{1(Year n)} ) / ΣR₂ _{(Year n-1)}	Contributory rate (%) of bodies of step 2 for Year n
T₂ _{(Year n)} =	t₂ _{(Year n)} x R₂ _{(Year n-1)}

2 - The value of the t2 contributory rate, resulting from the application of the formula for step 2, shall be determined every year by determination of ICP-ANACOM’s Management Board and published on the respective website, following the calculation and disclosure of the total administrative costs (expenses) (C_{(Year n)}) and the total relevant revenues of bodies of step 2 (ΣR_{2 (Year n-1)}).

3 - Relevant revenues must be calculated prior to the application of the value added tax (IVA) and shall not include the sale of terminal equipment or revenues from other activities other than the provision of electronic communications networks and services, nor revenues from dealings between companies of the same group, within the meaning of the Commercial Companies Code.

4 - For the purpose of the calculation of relevant revenues, the following revenues shall not be taken into consideration:

a) [...]

b) [...]

c) [...]

5 - Revenues resulting from the provision of the universal service referred to in point a) of the preceding paragraph shall be established on the basis of calculations carried out by ICP-ANACOM pursuant to articles 95 and 96 of Law No. 5/2004, of 10 February, for the purpose of the calculation of net costs of universal service obligations. Nevertheless, for the purpose of the settlement of fees due in each year, ICP-ANACOM shall provisionally accept the values of relevant revenues indicated by (the) universal service provider(s), until the referred net costs have been calculated by ICP-ANACOM, any adjustment of values being then carried out.»

2 - Paragraphs 6 and 7 are hereby added to annex II to Administrative Rule No. 1473-B/2008, of 17 December, rectified by Statement No. 16-A/2009, of 13 February, and amended by Administrative Rules Nos. 567/2009, of 27 May, 1307/2009, of 19 October, and 291-A/2011, of 4 November, to read as follows:

«6 - In the case of bodies in step 2, where the termination of the electronic communications activity occurs before 30 June, the amount of the fee due shall be calculated on the basis of the published contributory rate for bodies in step 2, for the settlement of fees due for the preceding year.

7- The provision in the preceding paragraph also applies in cases where the termination of the electronic communications activity occurs after 30 June and the contributory rate for bodies in step 2 for the ongoing year has not been yet published.»

Article 3
Amendment to Annex III to Administrative Rule No. 1473-B/2008, of 17 December

Paragraph 5 of annex III to Administrative Rule No. 1473-B/2008, of 17 December, rectified by Statement No. 16-A/2009, of 13 February, and amended by Administrative Rules Nos. 567/2009, of 27 May, 1307/2009, of 19 October, and 291-A/2011, of 4 November, is hereby amended to read as follows:

«5 - In application of the «occupier-pays” principle, the fee for use corresponding to a code/number of the National Telecommunications Numbering Plan (E. 164) of a length exceeding or not nine digits shall decrease or increase by powers with the base 10 inversely with that length, thus to the calculation of that fee shall be applied the factor 10(9-x) to a number of x digits».

Article 4
Amendment to Annex IV to Administrative Rule No. 1473-B/2008, of 17 December

Annex IV to Administrative Rule No. 1473-B/2008, of 17 December, rectified by Statement No. 16-A/2009, of 13 February, and amended by Administrative Rules Nos. 567/2009, of 27 May, 1307/2009, of 19 October, and 291-A/2011, of 4 November, is hereby replaced by annex I to this administrative rule.

Article 5
Amendment to Annex V to Administrative Rule No. 1473-B/2008, of 17 December

Paragraph 1 of annex V to Administrative Rule No. 1473-B/2008, of 17 December, rectified by Statement No. 16-A/2009, of 13 February, and amended by Administrative Rules Nos. 567/2009, of 27 May, 1307/2009, of 19 October, and 291-A/2011, of 4 November, is hereby amended to read as follows:

«1 - Fees charged amount to:

Fee code	Act	Fee (Euro)
1 - Fees for administrative costs
153101	Amateur ability exam	50
153102	Issue of a National Amateur Certificate (NAC)	15
153103	Issue of a duplicate of NAC or of appropriate CEPT or ITU license	15
153104	Amendment to NAC or to appropriate CEPT or ITU license	15
153105	Issue of license for non-proprietary stations	15
153106	Issue of a duplicate of license for non-proprietary stations	15
153107	Amendment to non-proprietary license	15
153108	Issue of a duplicate of international certificate	15
153109	Assignment of a calling code to an additional fixed station	15
153110	Assignment of an occasional calling code	15
153111	Assignment of an annual occasional calling code	15
2 - Fees for optimising the use of common resources
154101	Annual fee for the use of an occasional calling code	120
154102	Annual fee for use of spectrum by the NAC holder	20»

Article 6
Amendment to Annex VII to Administrative Rule No. 1473-B/2008, of 17 December

The body of annex VII to Administrative Rule No. 1473-B/2008, of 17 December, rectified by Statement No. 16-A/2009, of 13 February, and amended by Administrative Rules Nos. 567/2009, of 27 May, 1307/2009, of 19 October, and 291-A/2011, of 4 November, is hereby amended to read as follows:

«Fees charged by ICP - Autoridade Nacional de Comunicações (ICP-ANACOM), for the purposes of and pursuant to Decree-Law No. 123/2009, of 21 May, which governs the regime that applies to the construction of infrastructures for telecommunications in housing developments, urban settlements, concentrations of buildings (ITUR) and buildings (ITED), amount to:

Fee code	Act	Fee (Euro)
171301	Issue of ITED installer professional title	117
171302	Certification of training provider of ITED designers and installers	1 935
171401	Issue of ITUR installer professional title	117
171402	Certification of training provider of ITUR designers and installers	1 935»

Article 7
Amendment to Annex VIII to Administrative Rule No. 1473-B/2008, of 17 December

1 - The heading of annex VIII to Administrative Rule No. 1473-B/2008, of 17 December, rectified by Statement No. 16-A/2009, of 13 February, and amended by Administrative Rules Nos. 567/2009, of 27 May, 1307/2009, of 19 October, and 291-A/2011, of 4 November, is hereby amended to read as follows:

«Fees due for the access to and provision of audio-text services and value-added message-based services (paragraphs 1 and 2 of article 11 of Decree-Law No. 177/99 of 21 May)»

2 - Paragraph 1 of annex VIII to Administrative Rule No. 1473-B/2008, of 17 December, rectified by Statement No. 16-A/2009, of 13 February, and amended by Administrative Rules Nos. 567/2009, of 27 May, 1307/2009, of 19 October, and 291-A/2011, of 4 November, is hereby amended to read as follows:

«Fees charged by ICP - Autoridade Nacional de Comunicações (ICP-ANACOM), for the purposes of and pursuant to paragraphs 1 and 2 of article 11 of Decree-Law No. 177/99 of 21 May, that regulates the access to and the provision of audio-text services and value-added message-based services, amount to:

[...]»

Article 8
Amendment to Annex IX to Administrative Rule No. 1473-B/2008, of 17 December

Annex IX to Administrative Rule No. 1473-B/2008, of 17 December, rectified by Statement No. 16-A/2009, of 13 February, and amended by Administrative Rules Nos. 567/2009, of 27 May, 1307/2009, of 19 October, and 291-A/2011, of 4 November, is hereby replaced by annex II to this administrative rule.

Article 9
Final and transitional provisions

1 - Within 10 working days from the entry into force of this administrative rule, the universal service provider shall present to ICP - Autoridade Nacional das Comunicações (ICP-ANACOM), in order to replace values of relevant revenues provisionally indicated under paragraph 5 of annex II to Administrative Rule No. 1473-B/2008, of 17 December, as amended by this administrative rule, the reviewed values of the referred revenues, taking into account the methodology for calculating net costs of the universal service approved by this body, except for the years where an approval decision was issued as regards the referred calculation, pursuant to paragraph 4 of article 96 of Law No. 5/2004, of 10 February, in which case paragraph 4 of this article shall apply.

2 - Upon compliance with the preceding paragraph, ICP-ANACOM shall review the settlement of the fee due in each year on the basis of reviewed values of relevant revenues, without prejudice to the adjustment that may be required under the final part of paragraph 5 of annex II to Administrative Rule No. 1473-B/2008, of 17 December, as amended by this administrative rule.

3 - Relevant revenues that are indicated provisionally by the universal service provider after this administrative rule takes effect, under the final part of paragraph 5 of annex II to Administrative Rule No. 1473-B/2008, of 17 December, as amended by this administrative rule, shall take into account the methodology approved by ICP-ANACOM for calculating the net costs of the universal service.

4 - For the purpose of the final part of paragraph 5 of annex II to Administrative Rule No. 1473-B/2008, of 17 December, as amended by this administrative rule, the universal service provider, within 10 working days from the notification of the decision approving the calculation of the net costs of the universal service, referred to in paragraph 4 of article 96 of Law No. 5/2004, of 10 February, shall present to ICP-ANACOM the values of relevant revenues reviewed according to the approved calculations, except where values have already been presented or where the company has been requested to submit them, and in this last case the time period provided for shall not apply.

5 - Provisions in paragraph 4 a) and b) and paragraph 5 of annex II to Administrative Rule No. 1473-B/2008, of 17 December, as amended by this administrative rule, shall not apply to the calculation of relevant revenues to be presented by (the) provider(s) designated further to the designation procedure provided for in paragraphs 2 and 3 of article 99 of Law No. 5/2004, of 10 February.

6 - Without prejudice to paragraphs 8 and 9 of this article, in 2013, the annual fee due for the provision of electronic communications networks and services shall be settled in two instalments, according to the pro rata temporis principle, as follows:

a) The first instalment corresponds to the period in 2013 before the entry into force of this administrative rule and shall be calculated pursuant to paragraph 2 of annex IX to Administrative Rule No. 1473-B/2008, of 17 December, in the wording that precedes the amendments introduced by this administrative rule;

b) The second instalment corresponds to the period in 2013 after the entry into force of this administrative rule and shall be calculated pursuant to paragraph 2 of annex IX to Administrative Rule No. 1473-B/2008, of 17 December, as amended by this administrative rule.

7 - For the purpose of the preceding paragraph, postal service providers shall present to ICP-ANACOM, within 10 working days from the entry into force of this administrative rule, the statement provided for in article 3 of Administrative Rule No. 1473-B/2008, of 17 December, as amended by this administrative rule, indicating the amount of relevant revenues achieved in 2012 directly connected to the pursue of the activity.

8 - The amount of the annual fee due by postal service providers covered by step 2, provided for in paragraph 2 of annex IX to Administrative Rule No. 1473-B/2008, of 17 December, as amended by this administrative rule, shall be settled, transitorily and gradually, over a four-year period, according to the formula in the table below:

**Transition period (four years) for fees for pursue of the activity - postal services**
	Year 1 (Year 2013)	Year 2 (Year 2014)	Year 3 (Year 2015)	Year 4 (Year 2016)
Factors to be applied during the transition period	0.20	0.40	0.60	0.80
T₂ _{(Year n)} = Fee due by bodies of step 2 in Year n	T₂ _{(Year 1)}	T₂ _{(Year 2)}	T₂ _{(Year 3)}	T₂ _{(Year 4)}
Fee amount to be settled (€)	[T₂ _{(Year 1)} x 0.20]	[T₂ _{(Year 2)} x 0.40]	[T_{2 (Year 3)} x 0.60]	[T₂ _{(Year 4)} x 0.80]

9 - Where the application of the formula in the table included in the preceding paragraph leads to a fee amount to be settled by postal service providers covered by step 2 that is lower than the fee amount to be settled by postal service providers covered by step 1, provided for in paragraph 2 of annex IX to Administrative Rule No. 1473-B/2008, of 17 December, as amended by this administrative rule, the fee amount to be settled by the former shall correspond to the fee for step 1, which corresponds to a fixed fee of 2500€.

Article 10
Legal references

References to legal and regulatory statutory instruments included in Administrative Rule No. 1473-B/2008, of 17 December, rectified by Statement No. 16-A/2009, of 13 February, and amended by Administrative Rules Nos. 567/2009, of 27 May, 1307/2009, of 19 October, and 291-A/2011, of 4 November, shall be regarded as having been effected to the amending statutory instruments and provisions.

Article 11
Repealing provision

Paragraphs 1.3.5 and 1.4.7 of annex IV to Administrative Rule No. 1473-B/2008, of 17 December, rectified by Statement No. 16-A/2009, of 13 February, and amended by Administrative Rules Nos. 567/2009, of 27 May, 1307/2009, of 19 October, and 291-A/2011, of 4 November, are hereby repealed.

Article 12
Republication

Administrative Rule No. 1473-B/2008, of 17 December, as amended by this administrative rule, is republished in Annex III to this administrative rule.

Article 13
Entry into force

1 - This administrative rule shall enter into force on the day following that of its publication, without prejudice to paragraph 2 hereof.

2 - Paragraph 1 of annex II to Administrative Rule No. 1473-B/2008, of 17 December, as amended by this administrative rule, shall enter into force on 1 January 2014.

The Secretary of State for Infrastructures, Transports and Communications, Sérgio Paulo Lopes da Silva Monteiro, on 1 October 2013.

ANNEX I

ANNEX IV

Radio fees

(Paragraph 1 f) of article 105 of ECL)

1 - Fees due for the use of frequencies:

Fees due for the use of frequencies, pursuant to paragraph 3 of article 105 of Law No. 5/2004 of 10 February, shall amount to:

1.1 - Fees due for the use of frequencies designated for terrestrial electronic communications services:

Fee code	Fee per 1 MHz (a) (Euro)
141701	60 000

(a) Where (a) frequency (frequencies) is (are) assigned to part of the national territory, the fee amount shall be proportional to the geographical percentage of the territory to which such frequency (frequencies) is (are) assigned.

1.2 - Fees due for the use of frequencies for mobile services:

1.2.1 - Mobile service with shared resources:

Fee code	Fee per 1 MHz (a) (Euro)
141101	60 000

1.2.2 - Land mobile service:

Fee code	Fee per 1 MHz (a) (Euro)
141201	60 000

1.2.3 - Land mobile service - Railway communications system (GSM-R):

Applicable fee per «service area» and per megahertz:

Fee code	Fee (Euro)
141301	T = A/S * F_r

Where:

A is the service area, in square kilometres, calculated according to the following formula:

A= L*10

L is the length, in kilometres, of the national railway network, currently with 2600 km;

10 stands for the reference value, in kilometres, assumed to be the width of the corridor associated to the railway, which corresponds to the typical average distance between the network’s base stations set up along the railway;

S represents the area of the national territory: 92 002 km²

F_r represents the reference fee per megahertz ((€ 60 000/MHz).

As regards the allocation of spectrum for the implementation of new radiocommunication networks, the amount of the applicable fee is reduced by 50% during the first three years of the radio license.

1.2.4 - Land mobile service - private networks:

Fee applicable per each channel assigned per cell:

Fee code	Fee (Euro)
141401	T = F_r * K₂ * K₂* K₃

Where:

F_r - Reference fee: €50;

K₁ - coverage factor:

1 - coverage up to 15 km radius;

2.5 - coverage up to 30 km radius;

5 - coverage up to 60 km radius;

15 - national coverage.

K₂ - band width factor:

1 -6.25 kHz, 12.5 kHz or 20 kHz simplex channel;

2 - 6.25 kHz, 12.5 kHz or 20 kHz duplex channel;

2 -25 kHz simplex channel;

4 -25 kHz duplex channel.

K₃ - sharing factor:

1 - network of up to 10 mobile stations;

2 - network with 11 -35 mobile stations;

4 - network with more than 35 mobile stations;

5 - network using exclusive channels for national coverage.

1.2.5 - Aeronautic mobile service:

Fee applicable per station:

Fee code	Fee (Euro)
141501	50

1.2.6 - Maritime mobile service:

Fee applicable per station:

Fee code	Fee (Euro)
141601	50

1.3 - Fees due for the use of frequencies for the broadcasting service:

1.3.1 - Broadcasting service (sound) in decametric waves (short wave)

Fee applicable per transmitter:

Fee code	Fee (Euro)
142101	600

1.3.2 - Broadcasting service (sound) in hectometric waves (medium wave)

Fee applicable per station:

Fee code	Power (P)	Fee (Euro)
142201	P ≤ 10 kW	50
142202	10 kW < P ≤ 25 kW	75
142203	25 kW < P ≤ 50 kW	100
142204	P > 50 kW	150

1.3.3 - Broadcasting service (sound) operating in frequency modulation:

Fee applicable according to the type of network coverage:

Fee code	Type of coverage	Population (H) (10³ inhabitants)	Fee (Euro)
142301	National		30 000
142302	Regional		15 000
142303	Local (¹)	H ≥ 140	900
142304		70 ≤ H <140	600
142305		35 ≤ H <70	450
142306		5 ≤ H <35	300
142307		H <5	150

(1)Includes programme services with a license for the pursue of the activity in municipalities with local residents (H), according to the last surveys published by the Instituto Nacional de Estatística (National Statistics Institute), grouped in accordance with this grading.

1.3.4 - Digital terrestrial sound broadcasting service (T-DAB):

Fee applicable for network coverage:

Fee code	Type of coverage	Fee (Euro)
142401	National	23 000

1.3.5 (Repealed)

1.3.6 - Digital terrestrial television broadcasting service:

Fee applicable per right of use for frequencies:

Fee code	Type of coverage	Fee per 1 MHz (Euro)
142601	National	45 000

Where frequencies are assigned to part of the national territory, the fee amount shall be proportional to the percentage of the resident population corresponding to the geographical area of the territory to which frequencies are assigned, which may be found on the basis of information in subsections of the census division of the Geographic Base for Information Reference 2011 (BGRI 2011), made available by the National Statistics Institute in the scope of the 2011 Census.

1.4 - Fees due for the use of frequencies for the fixed service:

1.4.1 - Fixed service - point-to-point and point-to-multipoint links operating at frequencies of 1 GHz or higher (except FWA)

Fee applicable per bidirectional link and per assigned channel:

Frequency band (GHz)	1 -3	4 -11	12 -15	18 -24	25 - 38	47 - 59	61 - 71	> 71
Minimum link length (L min)	n.a.	10 km	5 km	2 km	n.a.	n.a.	n.a.	n.a.
Fee per MHz (Euro)	44 * √L	52 * √L	27.5 * √L	14 * √L	11.5 * √L	8.0 * √L	4.0 * √L	0.75 * √L
Fee code	143101	143102	143103	143104	143105	143106	143107	143108

Where L stands for the link lenght value in kilometres (to three decimal places).

Point-to-multipoint links are made up of a set of point-to-point fixed links. In this particular case, the fee to be applied results from the sum of fees calculated for each point-to-point link.

The fee applied to a second co-channel link, on the same route and with cross-polarization being applied, is reduced by 50%.

Unidirectional links are applied a reduction by 25% relatively the fee amount that applies to bidirectional links.

The minimum value of the fee for use applicable per link and per assigned channel shall amount to €50.

1.4.2 - Fixed service - point-to-point and point-to-multipoint links intended for occasional use operating at frequencies of 1 GHz or higher:

Fee applicable per network and per assigned channel:

Frequency band (GHz)	1 -3	4 -11	12 -15	18 -24	25 - 38	47 - 59	> 59
Fee per MHz (Euro)	3 615	5 055	1 438	364	248	120	60
Fee code	143201	143202	143203	143204	143205	143206	143207

1.4.3 - Fixed service - point-to-point fixed links operating at frequencies lower than 1 GHz:

Fee applicable per link and per assigned channel:

Fee code	Fee (Euro)
143301	T = Fr * K1 * K2 2

Fee code

Fee (Euro)

143301

T = Fr * K1 * K2

Where:

F_r - Reference fee: €50;

K₁ - link distance factor:

1 - link up to 15 km;

2.5 - link exceeding 15 km and up to 30 km;

5 - link exceeding 30 km and up to 60 km;

15 - link exceeding 60 km.

K₂ - band width factor:

1 - 12.5 kHz simplex channel;

2 - 12.5 kHz duplex channel;

2 - 25 kHz simplex channel;

4 - 25 kHz duplex channel.

The fee applied to a second co-channel link, on the same route and with cross-polarization being applied, is reduced by 50%.

1.4.4 - Fixed service - point-to-point links intended for occasional use operating at frequencies lower than 1 GHz:

Fee applicable per network and per assigned channel:

Fee code	Fee (Euro)
143401	37,5 * F_r * K/2

Where:

F_r - Reference fee: €50

K - band width factor

1 -12.5 kHz simplex channel;

2 -12.5 kHz duplex channel;

2 -25 kHz simplex channel;

4 -25 kHz duplex channel.

1.4.5 - Fixed service - point-to-multipoint links operating at frequencies lower than 1 GHz:

Fee applicable per link and per assigned channel:

Fee code	Fee (Euro)
143501	T = F_r K₁ * K₂ * K₃*

Where:

F_r - Reference fee: €50;

K₁ - link distance factor:

1 - link up to 15 km;

2.5 - link exceeding 15 km and up to 30 km;

5 - link exceeding 30 km and up to 60 km;

15 - link exceeding 60 km.

For the purpose of the application of the factor K₁, the distance of the greatest point-to-point link shall be considered;

K₂ - band width factor:

1 - 12.5 kHz simplex channel;

2 - 12.5 kHz duplex channel;

2 - 25 kHz simplex channel;

4 - 25 kHz duplex channel.

K₃ - sharing factor:

1 - link to up to 10 terminal stations;

2 - link to between 11 -35 terminal stations;

4 - link to more than 35 terminal stations.

1.4.6 - Fixed service - point-to-multipoint links intended for occasional use operating at frequencies lower than 1 GHz:

Fee applicable per network and per assigned channel:

Fee code	Fee (Euro)
143601	T = 37.5 * F_r K*

Where:

Fr - Reference fee: €50;

K - band width factor:

1 -12.5 kHz simplex channel;

2 -12.5 kHz duplex channel;

2 -25 kHz simplex channel;

4 -25 kHz duplex channel.

1.4.7 (Repealed)

1.4.8 - Fixed Wireless Access system (FWA) and Broadband Wireless Access (BWA):

Fee code	Per each frequency band allocated in each zone	Fee (Euro)
143701	Per each frequency band allocated in each zone	α* LF * W₅

Where α is a weight that corresponds to the value of the radio spectrum unit per each allocated frequency band:

Frequency band	α
3400 MHz -3800 MHz	357,143
24.5 GHz -26.5 GHz	178.571
27.5 GHz -29.5 GHz	114.286

Where:

LF represents the whole radio spectrum allocated, in megahertz;

W₅ represents the weight that aims to reflect the social impact of radio spectrum in the different regions of the country, based on the social and economic development index:

W₅	Country zones
1	Zone 1 - districts of Leiria, Lisbon, Santarem and Setubal (municipalities of Alcochete, Almada, Barreiro, Moita, Montijo, Palmela, Seixal, Sesimbra and Setubal).
0.92	Zone 2 - districts of Braga, Porto and Viana do Castelo.
0.92	Zone 3 - districts of Aveiro and Coimbra.
0.83	Zone 4 - districts of Bragança, Guarda, Vila Real and Viseu.
0.86	Zone 5 - districts of Castelo Branco and Portalegre.
0.86	Zone 6 - districts of Beja, Evora and Setubal (municipalities of Alcacer do Sal, Grandola, Santiago do Cacem and Sines).
0.93	Zone 7 - district of Faro.
0.90	Zone 8 - Autonomous Region of the Azores.
0.90	Zone 9 - Autonomous Region of Madeira.

1.4.9 - Fixed service - links in decametric and hectometric waves:

Fee applicable per station:

Fee code	Spectrum allocated (LF)	Fee (Euro)
143901	LF ≤ 6 kHz	50
143902	LF > 6 kHz	100

1.5 - Fees due for the use of frequencies for the radiodetermination service:

1.5.1 - Land radiodetermination service:

Fee code	Spectrum allocated (LF)	Fee (Euro)
144101	LF ≤ 100 kHz	50
144102	100 kHz < LF ≤ 1 MHz	500
144103	LF > 1 MHz	2500

1.6 - Fees due for the use of frequencies for satellite radio services:

1.6.1 - Radiodetermination satellite service: space operations service

Fee applicable per earth station:

Fee code	Spectrum allocated (LF)	Fee (Euro)
145101	LF ≤ 3 MHz	1 726
145102	3 MHz < LF ≤ 18 MHz	12 637
145103	18 MHz < LF ≤ 36 MHz	26 211
145104	LF > 36 MHz	33 700

1.6.2 - Space scientific services:

Earth exploration satellite service;

Meteorological satellite service;

Space research service.

Fee applicable per earth station:

Fee code	Spectrum allocated (LF)	Fee (Euro)
145201	LF ≤ 3 MHz	1 726
145202	3 MHz < LF ≤ 18 MHz	12 637
145203	18 MHz < LF ≤ 36 MHz	26 211
145204	LF > 36 MHz	33 700

1.6.3 - Fixed satellite service and mobile satellite service:

1.6.3.1 - Fee applicable per earth station:

Fee code	Spectrum allocated (LF)	Fee (Euro)
145301	LF ≤ 3 MHz	3 002
145302	3 MHz < LF ≤ 18 MHz	21 978
145303	18 MHz < LF ≤ 36 MHz	45 584
145304	LF > 36 MHz	58 608

1.6.3.2 - Fee applicable per complementary earth station:

Fee code	Fee (Euro)
145350	21 978

1.6.4 - Fixed Satellite Service - VSAT (Very Small Aperture Terminal) earth stations:

Fee applicable per VSAT stations network:

Spectrum allocated (LF)	Number of earth stations of the VSAT network
	Up to 20		Between 21 and 100
	Fee code	Fee (Euros)	Fee code	Fee (Euros)
LF ≤ 200 kHz	145401	60 * n	145405	520 + (34 * n)
200 kHz < LF ≤ 2 MHz	145402	134 * n	145406	1 480 + (60 * n)
2 MHz < LF ≤ 18 MHz	145403	298 * n	145407	3 800 + (108 * n)
LF > 18 MHz	145404	666 * n	145408	9 240 + (204 * n)
Spectrum allocated (LF)	Number of earth stations of the VSAT network
	Between 101 and 500		More than 500
	Fee code	Fee (Euros)	Fee code	Fee (Euros)
LF ≤ 200 kHz	145409	1 920 + (20 * n)	145413	6 920 + (10 * n)
200 kHz < LF ≤ 2 MHz	145410	4 880 + (26 * n)	145414	11 880 + (12 * n)
2 MHz < LF ≤ 18 MHz	145411	10 600 + (40 * n)	145415	23 600 + (14 * n)
LF > 18 MHz	145412	23 340 + (64 * n)	145416	45 240 + (20 * n)

1.6.5 - Fixed Satellite Service - SNG (Satellite News Gathering) earth stations:

Fee applicable per earth station:

Fee code	Fee (Euro)
145501	2 542

1.7 - Fees due for the use of frequencies for other radio services:

1.7.1 - Licensed receiving stations:

Fee applicable per station:

Fee code	Fee (Euro)
146101	50

1.7.2 - Services ancillary to programme making/services ancillary to broadcasting (SAP/SAB applications):

Fee applicable per network and per assigned channel:

Fee code	Type of connection	Fee (Euro)
146201	Video links (¹)	160 * LF
146202	Audio links (²)	2 250

(1) - Comprises SAP/SAB video links used for news reports or events, namely wireless cameras, portable and mobile video links and point-to-point video links, as well as data transmission links;

(2) - Comprises SAP/SAB audio links used for news reports or events, namely portable and mobile audio links and point-to-point audio links.

Where LF stands for the whole radio spectrum allocated, in megahertz.

1.7.3 - Stations with utility or recreational purposes:

Fee applicable per station intended for utility or recreational purposes, operating at frequencies to be used by industrial, scientific or medical applications, according to the Radio Regulation:

Fee code	Fee (Euro)
146301	50

1.7.4 - Telecontrol stations:

Fee applicable per station for the purposes of telecontrol, telemetry, telealarm, data transmission in non-harmonized frequency bands, with power ranges between 200 mW and 5 W:

Fee code	Fee (Euro)
146401	50

1.8 - Fees applicable to the Radio Data System (RDS) - for the purpose of RDS installation and operation, under paragraph 1 of article 8 of Decree-Law No. 272/98, of 2 September, the following fees apply:

Fee code	Act	Fee (Euro)
147101	Authorization for RDS operation	74.82
147102	Change to authorization for RDS operation	2.54

ANNEX II

ANNEX IX

Fees due for the access to and provision of postal services

(Paragraphs 1 and 2 of article 44 of Law No. 17/2012, of 26 April)

1 - Fees due for the access to the activity of postal service provider, under paragraph 1 of article 44 of Law No. 17/2012, of 26 April, which lays down the legal regime that governs the provision of postal services, under a full competition regime, on national territory, as well as of international services to or from national territory, shall amount to:

Fee code	Act	Fee (Euro)
192101	Issue of license	540
192102	Amendment to license at the request of the postal service provider	110
192103	Substitution of license, in case of loss	110
192104	Renewal of license	110
192105	Issue of a statement attesting the provider's entry in the register of postal service providers	290
192106	Endorsement to the declaration at the request of the postal service provider	75
192107	Substitution of the statement, in case of loss	75

2 - The amount of the annual fee due for the pursue of the activity of postal service provider, mentioned in paragraph 2 of article 44 of Law No. 17/2012, of 26 April, shall be calculated on the basis of the value of relevant revenues achieved in the preceding calendar year directly connected to the pursue of the activity, according to steps indicated in the table below:

Fee code	Step	From… Euro	To... Euro	Fee T (Euro)
192201	0	0	250 000	T₀ = 0
192202	1	250 001	1 500 000	T₁ = 2500
192203	2	1 500 001	No limit	T₂

Method of calculation of fee T₂
T_i_{(Year n)} ₌	Fee due by bodies of step i (i= 0, 1, 2) in Year n.
n_{i (Year n)} =	Number of bodies of step i (i= 0, 1, 2) in Year n.
R_i _{(Year n-1)} =	Relevant revenues connected to the pursue of the activity of postal service provider of bodies of step i (i= 0, 1, 2) in Year n-1, which must be submitted to ICP-ANACOM pursuant to article 3 of this administrative rule.
ΣR_i _{(Year n-1)} =	Total relevant revenues of bodies of step i (i= 0, 1, 2) in Year n-1.
C_{(Year n)} =	Total administrative costs (expenses) borne by ICP-ANACOM concerning paragraph 4 of article 44 of Law No. 17/2012, of 26 April, which must be taken into consideration for Year n, which correspond to the average value in the last 3 financial years of the costs (expenses) component, disregarding provisions, plus the average value of provisions in the last five financial years relating to legal cases in the postal sector.
R₂ _{(Year n-1)} =	Relevant revenues of bodies of step 2 in Year (n-1).
t₂ _{(Year n)} =	(C _{(Year n)} - T₁ _{(Year n)}n_{1(Year n)} ) / ΣR₂ _{(Year n-1)}	Contributory rate (%) of bodies of step 2 for Year n
T₂ _{(Year n)} =	t₂ _{(Year n)} x R₂ _{(Year n-1)} - a₂
a_{2(Year n)}	Part to be deducted in the calculation of fees due by bodies of step 2 a₂ = t₂ _{(Year n)}x R^LI₂ - T₁_{(Year n)}
R^LI₂	lower limit of the step of relevant revenues of bodies of step 2

3 - The value of the t₂ contributory rate, resulting from the application of the formula for step 2, shall be determined every year by determination of ICP-ANACOM's Management Board and published on the respective website, following the calculation and disclosure of the total administrative costs (expenses) (C_{(Year n)}) and the total relevant revenues of bodies in step 2 (ΣR₂ _{(Year n-1)}).

4 - In the case of bodies in step 2, where the termination of the postal service provision activity occurs before 30 June, the amount of the fee due shall be calculated on the basis of the published contributory rate for bodies in step 2, for the settlement of fees due for the preceding year.

5 - The provision in the preceding paragraph also applies in cases where the termination of the postal service provision activity occurs after 30 June and the contributory rate for bodies in step 2 for the ongoing year has not been yet published.

6 - Relevant revenues must be calculated prior to the application of the value added tax (IVA) and shall not include the sale of terminal equipment or revenues from other activities other than the provision of postal services, nor revenues from dealings between companies of the same group, within the meaning of the Commercial Companies Code.

ANNEX III

(referred to in article 12)

Republication of Administrative Rule No. 1473-B/2008, of 17 December

Article 1

Approval is granted to the amount of fees that are due for:

c) The use of numbers, provided for in paragraph 1 e) of article 105 of Law No. 5/2004, of 10 February, included in annex III hereto, which is an integral part hereof;

e) The Amateur and Amateur-Satellite Services, provided for in paragraph 1 of article 19 of Decree-Law No. 53/2009, of 2 March, as well as the corresponding reduction rate, provided for in paragraph 4 of that article, included in annex V hereto, which is an integral part hereof;

f) The registration of users of the Personal Radio Service - Citizens' Band (CB), provided for in paragraph 1 of article 11 of Decree-Law No. 47/2000, of 24 March, included in annex VI hereto, which is an integral part hereof;

i) The access to and provision of postal services, provided for in paragraphs 1 and 2 of article 44 of Law No. 17/2012, of 26 April, included in annex IX hereto, which is an integral part hereof.

Article 2

Article 3

Article 4

2 - The annual fee for the provision of electronic communications networks and services shall be due:

a) By the date of termination of activity where it is notified to ICP-ANACOM pursuant to paragraph 7 of article 21 of Law No. 5/2004, of 10 February;

c) By the date set when the entry in the register with ICP-ANACOM is cancelled, in the cases referred in paragraph 2 b) of article 21-A of Law No. 5/2004, of 10 February.

3 - The annual fee for the provision of postal services shall be due:

a) By the date set when the license is revoked or the license to be issued by ICP-ANACOM is declared to have expired, under article 33 of Law No. 17/2012, of 26 April;

b) By the date set when the entry in the register with ICP-ANACOM is cancelled, in the case of providers subject to the general authorization regime;

c) By the date set when the entry in the register with ICP-ANACOM is suspended, in the cases referred in paragraph 2 of article 26 of Law No. 17/2012, of 26 April.

Article 5

(Repealed.)

Article 6

(Repealed.)

Article 7

(Repealed.)

Article 8

(Repealed.)

Article 9

(Repealed.)

Article 10

The amount of fees due for the use of frequencies allocated to radio and television broadcasting shall be temporarily paid in a phased manner, in the course of a five-year period, according to the formula in the following table:

Factors to be applied during the transition period (five years) to fees for use of frequencies - broadcasting services

	Year 1 (2009)	Year 2 (2010)	Year 3 (2011)	Year 4 (2012)	Year 5 (2013)
Amount that results from the 2008 tariff (A)	0.834	0.668	0.5	0.332	0.166
Amount that results from the new tariff - administrative rule (N)	0.166	0.332	0.5	0.668	0.834
Fee amount due	(A × 0.834) + (N × 0.166)	(A × 0.668) + (N × 0.332)	(A × 0.5) + (N × 0.5)	(A × 0.332) + (N × 0.668)	(A × 0.166) + (N × 0.834)

Article 11

The provision in the preceding article shall not apply to the use of spectrum resulting from the granting of new rights of use for frequencies, as well as from the issue of new radio licenses.

Article 12

The amount of the annual fee due for the use of frequencies shall correspond to the number of days of use in each calendar year.

Article 13

Where radio licenses are altered during a calendar year, annual fees shall be adjusted proportionally on the next settlement, according to the date on which the application for alteration was granted.

Article 14

Article 15

1 - As regards the allocation of spectrum to bands that, under the NFAP, are subject to the allocation of rights of use for frequencies and in which qualified bodies do not hold any frequencies, a reduction by 50% shall be applied on the amount of fees due for the use of spectrum in the first three years from the issue of the corresponding qualifying documents, without prejudice to the cases of other networks specifically provided for in annex IV hereto.

2 - Bodies that at the time of spectrum allocation have held for over three years, cumulatively, an amount of spectrum exceeding 60 MHz in bands in the scope of sections 1.1, 1.2.1 and 1.2.2 of annex IV hereto are not covered by the reduction provided for in the preceding paragraph.

Article 16

Bodies referred to paragraph 5 of article 19 of Decree-Law No. 151-A/2000, of 20 July, shall be applied a reduction by 70% on the amount of fees due for the use of frequencies.

Article 17

As regards temporary licenses provided for in article 13 of Decree-Law No. 151-A/2000 of 20 July, the following rules apply:

a) The amount due shall be calculated according to the following formula: «Annual fee applicable x (number of days of validity of the license/360 days)»;

b) In case the license application for a temporary use of frequencies is not submitted to ICP-ANACOM at least 10 days ahead of the date on which the license is supposed to start operating, the fee that results from the formula provided for in the preceding paragraph shall be increased by 50% of the value, a minimum amount of €75 being due;

c) The minimum amount of the fee for use of frequencies that applies to stations or networks, in the scope of each radiocommunication service/application to be used in temporary events, shall be €50.

Article 18

Fees due for the granting of rights of use for numbers and their reservation, and for the use of numbers, apply to NNP resources, including numbering resources managed by international bodies within which ICP-ANACOM has notification obligations.

Article 19

The fee due for the granting of rights of use for numbers or for their reservation shall comply with the following rules:

a) It shall be a single fee, following the granting of an application for allocation or reservation of resources, and shall not depend on the number or type of numbers included on such application;

b) In case of transfer of rights of use for numbers, it shall be due by the body undertaking the transfer.

Article 20

The fee provided for in the preceding article shall not be paid where:

a) The extension of the period of reservation of rights of use for numbers is applied for;

b) The alteration of the resource status from reserved to allocated is applied for.

Article 21

The application of the fee due for the use for numbers shall comply with the following rules:

a) To the allocation or reservation of rights of use for numbers shall apply the same amount;

b) It shall be proportional to the amount of resources the rights of use of which are allocated or reserved, and shall not depend on the amount of those being effectively used or activated;

c) It shall be proportional to the period of use on a monthly basis, in case of reservation and/or allocation of rights of use with a duration shorter than one year, for this purpose all fractions of one month being deemed as a full month;

d) It shall be paid in the calendar year concerned in case rights of use for numbers are granted before the month of September;

Article 22

2 - Where a donor provider cancels, pursuant to article 11 of the Portability Regulation, a service with numbers ported to other providers, fees for those numbers shall be presented to the latter and shall be due from the date of cancellation of the service or from the date on which numbers are ported, in the first portability order, where this is a later date.

Article 23

The following statutory instruments are hereby repealed:

a) Administrative Rule No. 394/98, of 11 July;

b) Administrative Rule No. 462/98, of 30 July;

c) Administrative Rule No. 329/2000, of 9 June;

d) Administrative Rule No. 1062/2004, of 25 August;

e) Administrative Rule No. 126-A/2005, of 31 January;

f) Administrative Rule No. 386/2006, of 19 April;

g) Administrative Rule No. 207-B/2008, of 26 February;

h) Order No. 12 748/99, of 5 July;

i) Order No. 13 877/2000, of 7 July;

j) Order No. 21 080/2001, of 21 September.

Article 24

This Administrative Rule shall come into force on 1 January 2009.

ANNEX I

Fees due for the issue of statements and for the granting of rights of use
for frequencies and numbers

(paragraphs 1 a), c) and d) of article 105 of ECL)

1 - Fees due for statements supporting rights granted, issued pursuant to paragraph 5 of article 21 of Law No. 5/2004, of 10 February, to providers of electronic communications networks and services, whether publicly available or not, as well as for the respective endorsements, amount to:

Fee code	Act	Fee (Euro)
111101	Issue of statements	700
111102	Endorsement to statements	70

2 - The amount of fees due for the granting of rights of use for frequencies, mentioned in paragraph 1c) of article 105 of Law No. 5/2004, of 10 February, shall be defined according to the respective procedure for allocation, which may consist of competitive or comparative selection, including an auction or tender, of a full access regime or following selection procedures launched by a third party, according to the following table:

Fee code	Act	Fee (Euro)
112101	Allocation by auction or competition	To be determined previously to the tender or auction
112102	Allocation in full access regime	1000
112103	Allocation following selection procedures launched by a third party	500

3 - Fees due for the granting of rights of use for numbers or their reservation, mentioned in paragraph 1d) of article 105 of Law No. 5/2004 of 10 February, amount to:

Fee code	Act	Fee (Euro)
113101	Granting of rights of use for numbers and their reservation	200

ANNEX II

Annual fees due for the provision of electronic communications networks and services

(paragraph 1 b) of article 105 of ECL)

1 - The amount of the annual fee due for the provision of publicly available electronic communications networks and services, provided for in paragraph 1 b) of article 105 of Law No. 5/2004 of 10 February, shall be calculated based on the amount of relevant revenues directly connected to the pursue of the electronic communications activity achieved in the calendar year preceding that on which the fee is settled, according to steps indicated in the table below:

Fee code	Steps	Between ...Euro	And ... Euro	Fee T₁(Euro)
121101	0	0	250 000	T₀ = 0
121102	1	250 001	1 500 000	T₁ = 2 500
121103	2	1 500 001	No limit	T₂

Method of calculation of fee T₂

T_i_{(Year n)} ₌	Fee due by bodies of step i (i= 0, 1, 2) in Year n.
n_{i (Year n)} =	Number of bodies of step i (i= 0, 1, 2) in Year n.
R_i _{(Year n-1)} =	Relevant revenues of bodies of step i (i= 0, 1, 2) in Year n-1, which must be submitted to ICP-ANACOM pursuant to article 3 hereof.
ΣR_i _{(Year n-1)} =	Total relevant revenues of bodies of step i (i= 0, 1, 2) in Year n-1.
C_{(Year n)} =	Total administrative costs (expenses) borne by ICP-ANACOM concerning paragraph 1b) of article 105 of Law No. 5/2004 of 10 February, to be published pursuant to paragraph 5 of the same article, which must be taken into consideration for year n, which correspond to the average value in the last 3 financial years of the costs (expenses) component, disregarding provisions, plus the average value of provisions in the last five financial years relating to legal cases in the electronic communications sector.
R₂ _{(Year n-1)} =	Relevant revenues of bodies of step 2 in Year (n-1).
t₂ _{(Year n)} =	(C _{(Year n)} - T₁ _{(Year n)}n_{1(Year n)} ) / ΣR₂ _{(Year n-1)}	Contributory rate (%) of bodies of step 2 for Year n
T₂ _{(Year n)} =	t₂ _{(Year n)} x R₂ _{(Year n-1)}

2 - The value of the t2 contributory rate, resulting from the application of the formula for step 2, shall be determined every year by determination of ICP-ANACOM's Management Board and published on the respective website, following the calculation and disclosure of the total administrative costs (expenses) (C_{(Year n)}) and the total relevant revenues of bodies of step 2 (ΣR₂ _{(Year n-1)}).

4 - For the purpose of the calculation of relevant revenues, the following revenues shall not be taken into consideration:

a) The provision of universal service (defined under article 87 of Law No. 5/2004) to final users, or to groups of specific final users, in the situation provided for in paragraph 2 b) of article 96 of Law No. 5/2004, as well as from the provision of public pay phones under point a) of the same provision;

b) The provision of universal service to retired people and pensioners that enjoy specific conditions laid down in ICP-ANACOM’s determination of May 2007 on specific conditions for retired people and pensioners in the scope of the universal service;

c) The provision of services for which any negative operation margins must be directly compensated by the State, pursuant to the bases of concession of the telecommunications public service.

6 - In the case of bodies in step 2, where the termination of the electronic communications activity occurs before 30 June, the amount of the fee due shall be calculated on the basis of the published contributory rate for bodies in step 2, for the settlement of fees due for the preceding year.

ANNEX III

Fees due for the use of numbers

(paragraph 1 e) of article 105 of ECL)

1 - In order to determine the amount of the annual fee due for the use of numbers, four different fees, A, B, C, and D, are hereby created and must be applied according to the type and scarcity of numbering resources.

2 - The following values are hereby established:

a) Fee A, €0.02 (no VAT) by reference to a 9-digit number of range «2» of the Telecommunications National Numbering Plan (ITU-T Recommendation E. 164);

b) Multiplication factor that correlates each fee B, C and D with reference fee A, corresponding respectively to 2, 1000 and 10 000.

3 - Without prejudice to any alterations made to the National Numbering Plan, the distribution of the different types of fees that apply to the use of the different types of numbers/services, the respective value and code are hereby defined in the table below:

Fee code	Type of fee	Type of numbers/services	Fee (Euro)
131101	A	Geographic, mobile, (including shared resources), nomadic VoIP, data network access, private voice networks, private networks not accessible to the public, machine-to-machine, inter-operator routing	0.02
131102	B	Voice mail, audio-text services, value-added services based on the sending of messages, services free of charge to the caller, shared costs, shared revenues (including single tariff and universal access), premium-rate with utility nature, virtual card, personal, short (except free-of-charge)	0.04
131103	C	NSPC - National Signalling Point Code	20
131104	D	ISPC - International Signalling Point Code, DNIC - Data Network Identification Code, IIN -Issuer Identifier Number, (T)MNC - (Trunking Mobile Network Code), SID -System Identifier CDMA, NET - Network Operator Identity (MPT 1343).........................................................................	200
-	Free	Emergency, free and short with social interest namely (namely,1410, 1414, 144, 116000, 116111, 116123), directory service in the scope of the universal service (118), 12xyz for internal use to networks; NRN – Network Routing Number (portability), with implicit portability (fax and mobile telephone service data, listening and recording voice mail), maritime mobile; NSPC for internal use to networks, ADMD - Names of Administration Management Domain, NCC – Network Colour Code; Network_ID, Original_Network_ID, Private_Data_Identifier_ID - Digital Terrestrial Television Identifiers	-

4 - The amount of the annual fee due for the use of numbers shall be calculated according to the following formula:

Fee for use (TN) = Σ^m_n=1 Tx_n × Qt numbers_n

Where:

Tx_n - amount of the fee (A, B, C or D) of the resource type n;

Qt numbers_n - Amount of numbers of the resource type n;

m – Number of the different type of numbers/services the rights of which were granted or reserved.

5 - In application of the «occupier-pays» principle, the fee for use corresponding to a code/number of the National Telecommunications Numbering Plan (E. 164) of a length exceeding or not nine digits shall decrease or increase by powers with the base 10 inversely with that length, thus to the calculation of that fee shall be applied the factor 10^(9-x) to a number of x digits.

6 - Due to limitations for which service providers are not responsible, the fee for the use of numbers of the service of access to data networks and of the audio-text service shall be determined based on the following specific criteria:

a) Each access code of the service of access to data networks, the number of which has the format «67PPxy000» where: «67» is the service access code, «PP» is the provider code, «xy» is the field managed by the provider and «000» the compulsory field for formatting the nine-digit number, shall correspond to the effective use of 100 numbers;

b) Each access code of the audio-text service, the number of which has the format «6XXTPPabc» where «6XX» is the service access code, «T» is the tariff defined by the provider, «PP» is the audio-text provider code, and «abc» is the three-digit field managed by the provider, shall correspond to the effective use of 1000 numbers per each tariff T used by the provider.

ANNEX IV

Radio fees

(Paragraph 1 f) of article 105 of ECL)

1 - Fees due for the use of frequencies:

Fees due for the use of frequencies, pursuant to paragraph 3 of article 105 of Law No. 5/2004 of 10 February, shall amount to:

1.1 - Fees due for the use of frequencies designated for terrestrial electronic communications services:

Fee code	Fee per 1 MHz (a) (Euro)
141701	60 000

1.2 - Fees due for the use of frequencies for mobile services:

1.2.1 - Mobile service with shared resources:

Fee code	Fee per 1 MHz (a) (Euro)
141101	60 000

1.2.2 - Land mobile service:

Fee code	Fee per 1 MHz (a) (Euro)
141201	60 000

1.2.3 - Land mobile service - Railway communications system (GSM-R):

Applicable fee per «service area» and per megahertz:

Fee code	Fee (Euro)
141301	T = A/S * F_r

Where:

A is the service area, in square kilometres, calculated according to the following formula:

A= L*10

L is the length, in kilometres, of the national railway network, currently with 2600 km;

S represents the area of the national territory: 92 002 km²

F_r represents the reference fee per megahertz ((€ 60 000/MHz).

As regards the allocation of spectrum for the implementation of new radiocommunication networks, the amount of the applicable fee is reduced by 50% during the first three years of the radio license.

1.2.4 - Land mobile service - private networks:

Fee applicable per each channel assigned per cell:

Fee code	Fee (Euro)
141401	T = F_r * K₂ * K₂* K₃

Where:

F_r - Reference fee: €50;

K₁ - coverage factor:

1 - coverage up to 15 km radius;

2.5 - coverage up to 30 km radius;

5 - coverage up to 60 km radius;

15 - national coverage.

K₂ - band width factor:

1 - 6.25 kHz, 12.5 kHz or 20 kHz simplex channel;

2 - 6.25 kHz, 12.5 kHz or 20 kHz duplex channel;

2 - 25 kHz simplex channel;

4 - 25 kHz duplex channel.

K₃ - sharing factor:

1 - network of up to 10 mobile stations;

2 - network with 11 - 35 mobile stations;

4 - network with more than 35 mobile stations;

5 - network using exclusive channels for national coverage.

1.2.5 - Aeronautic mobile service:

Fee applicable per station:

Fee code	Fee (Euro)
141501	50

1.2.6 - Maritime mobile service:

Fee applicable per station:

Fee code	Fee (Euro)
141601	50

1.3 - Fees due for the use of frequencies for the broadcasting service:

1.3.1 - Broadcasting service (sound) in decametric waves (short wave)

Fee applicable per transmitter:

Fee code	Fee (Euro)
142101	600

1.3.2 - Broadcasting service (sound) in hectometric waves (medium wave)

Fee applicable per station:

Fee code	Power (P)	Fee (Euro)
142201	P ≤ 10 kW	50
142202	10 kW < P ≤ 25 kW	75
142203	25 kW < P ≤ 50 kW	100
142204	P > 50 kW	150

1.3.3 - Broadcasting service (sound) operating in frequency modulation:

Fee applicable according to the type of network coverage:

Fee code	Type of coverage	Population (H) (10³ inhabitants)	Fee (Euro)
142301	National		30 000
142302	Regional		15 000
142303	Local (¹)	H ≥ 140	900
142304		70 ≤ H <140	600
142305		35 ≤ H <70	450
142306		5 ≤ H <35	300
142307		H <5	150

(1) Includes programme services with a license for the pursue of the activity in municipalities with local residents (H), according to the last surveys published by the Instituto Nacional de Estatística (National Statistics Institute), grouped in accordance with this grading.

1.3.4 - Digital terrestrial sound broadcasting service (T-DAB):

Fee applicable for network coverage:

Fee code	Type of coverage	Fee (Euro)
142401	National	23 000

1.3.5 (Repealed)

1.3.6 - Digital television broadcasting service:

Fee applicable per right of use for frequencies:

Fee code	Type of coverage	Fee (Euro)
142601	National	45 000

1.4 - Fees due for the use of frequencies for the fixed service:

1.4.1 - Fixed service - point-to-point and point-to-multipoint links operating at frequencies of 1 GHz or higher (except FWA)

Fee applicable per bidirectional link and per assigned channel:

Frequency band (GHz)	1 -3	4 -11	12 -15	18 -24	25 - 38	47 - 59	61 - 71	> 71
Minimum link length (L min)	n.a.	10 km	5 km	2 km	n.a.	n.a.	n.a.	n.a.
Fee per MHz (Euro)	44 * √L	52 * √L	27.5 * √L	14 * √L	11.5 * √L	8.0 * √L	4.0 * √L	0.75 * √L
Fee code	143101	143102	143103	143104	143105	143106	143107	143108

Where L stands for the link lenght value in kilometres (to three decimal places).

Point-to-multipoint links are made up of a set of point-to-point fixed links. In this particular case, the fee to be applied results from the sum of fees calculated for each point-to-point link.

The fee applied to a second co-channel link, on the same route and with cross-polarization being applied, is reduced by 50%.

Unidirectional links are applied a reduction by 25% relatively the fee amount that applies to bidirectional links.

The minimum value of the fee for use applicable per link and per assigned channel shall amount to €50.

1.4.2 - Fixed service - point-to-point and point-to-multipoint links intended for occasional use operating at frequencies of 1 GHz or higher:

Fee applicable per network and per assigned channel:

Frequency band (GHz)	1 -3	4 -11	12 -15	18 -24	25 - 38	47 - 59	> 59
Fee per MHz (Euro)	3 615	5 055	1 438	364	248	120	60
Fee code	143201	143202	143203	143204	143205	143206	143207

1.4.3 - Fixed service - point-to-point fixed links operating at frequencies lower than 1 GHz:

Fee applicable per link and per assigned channel:

Fee code

Fee (Euro)

143301

T = Fr * K1 * K2

Where:

F_r - Reference fee: €50;

K₁ - link distance factor:

1 - link up to 15 km;

2.5 - link exceeding 15 km and up to 30 km;

5 - link exceeding 30 km and up to 60 km;

15 - link exceeding 60 km.

K₂ - band width factor:

1 - 12.5 kHz simplex channel;

2 - 12.5 kHz duplex channel;

2 - 25 kHz simplex channel;

4 - 25 kHz duplex channel.

The fee applied to a second co-channel link, on the same route and with cross-polarization being applied, is reduced by 50%.

1.4.4 - Fixed service - point-to-point links intended for occasional use operating at frequencies lower than 1 GHz:

Fee applicable per network and per assigned channel:

Fee code	Fee (Euro)
143401	37.5 * F_r * K/2

Where:

F_r - Reference fee: €50

K - band width factor

1 - 12.5 kHz simplex channel;

2 - 12.5 kHz duplex channel;

2 - 25 kHz simplex channel;

4 - 25 kHz duplex channel.

1.4.5 - Fixed service - point-to-multipoint links operating at frequencies lower than 1 GHz:

Fee applicable per link and per assigned channel:

Fee code	Fee (Euro)
143501	T = F_r K₁ * K₂ * K₃*

Where:

F_r - Reference fee: €50;

K₁ - link distance factor:

1 - link up to 15 km;

2.5 - link exceeding 15 km and up to 30 km;

5 - link exceeding 30 km and up to 60 km;

15 - link exceeding 60 km.

For the purpose of the application of the factor K1, the distance of the greatest point-to-point link shall be considered;

K₂ - band width factor:

1 - 12.5 kHz simplex channel;

2 - 12.5 kHz duplex channel;

2 - 25 kHz simplex channel;

4 - 25 kHz duplex channel.

K₃ - sharing factor:

1 - link to up to 10 terminal stations;

2 - link to between 11 - 35 terminal stations;

4 - link to more than 35 terminal stations.

1.4.6 - Fixed service - point-to-multipoint links intended for occasional use operating at frequencies lower than 1 GHz:

Fee applicable per network and per assigned channel:

Fee code	Fee (Euro)
143601	T = 37.5 * F_r K*

Where:

F_r - Reference fee: €50;

K - band width factor:

1 - 12.5 kHz simplex channel;

2 - 12.5 kHz duplex channel;

2 - 25 kHz simplex channel;

4 - 25 kHz duplex channel.

1.4.7 (Repealed)

1.4.8 - Fixed Wireless Access system (FWA) and Broadband Wireless Access (BWA):

Fee code	Per each frequency band allocated in each zone	Fee (Euro)
143801	Per each frequency band allocated in each zone	α* LF * W₅

Where α is a weight that corresponds to the value of the radio spectrum unit per each allocated frequency band:

Frequency band	α
3400 MHz -3800 MHz	357.143
24.5 GHz -26.5 GHz	178.571
27.5 GHz -29.5 GHz	114.286

Where:

LF represents the whole radio spectrum allocated, in megahertz;

W₅ represents the weight that aims to reflect the social impact of radio spectrum in the different regions of the country, based on the social and economic development index:

W₅	Country zones
1	Zone 1 - districts of Leiria, Lisbon, Santarem and Setubal (municipalities of Alcochete, Almada, Barreiro, Moita, Montijo, Palmela, Seixal, Sesimbra and Setubal).
0.92	Zone 2 - districts of Braga, Porto and Viana do Castelo.
0.92	Zone 3 - districts of Aveiro and Coimbra.
0.83	Zone 4 - districts of Bragança, Guarda, Vila Real and Viseu.
0.86	Zone 5 - districts of Castelo Branco and Portalegre.
0.86	Zone 6 - districts of Beja, Evora and Setubal (municipalities of Alcacer do Sal, Grandola, Santiago do Cacem and Sines).
0.93	Zone 7 - district of Faro.
0.90	Zone 8 - Autonomous Region of the Azores.
0.90	Zone 9 - Autonomous Region of Madeira.

1.4.9 - Fixed service - links in decametric and hectometric waves:

Fee applicable per station:

Fee code	Spectrum allocated (LF)	Fee (Euro)
143901	LF ≤ 6 kHz	50
143902	LF > 6 kHz	100

1.5 - Fees due for the use of frequencies for the radiodetermination service:

1.5.1 - Land radiodetermination service:

Fee applicable per station:

Fee code	Spectrum allocated (LF)	Fee (Euro)
144101	LF ≤ 100 kHz	50
144102	100 kHz < LF ≤ 1 MHz	500
144103	LF > 1 MHz	2500

1.6 - Fees due for the use of frequencies for satellite radio services:

1.6.1 - Radiodetermination satellite service: space operations service

Fee applicable per earth station:

Fee code	Spectrum allocated (LF)	Fee (Euro)
145101	LF ≤ 3 MHz	1 726
145102	3 MHz < LF ≤ 18 MHz	12 637
145103	18 MHz < LF ≤ 36 MHz	26 211
145104	LF > 36 MHz	33 700

1.6.2 - Space scientific services:

Earth exploration satellite service;

Meteorological satellite service;

Space research service.

Fee applicable per earth station:

Fee code	Spectrum allocated (LF)	Fee (Euro)
145201	LF ≤ 3 MHz	1 726
145202	3 MHz < LF ≤ 18 MHz	12 637
145203	18 MHz < LF ≤ 36 MHz	26 211
145204	LF > 36 MHz	33 700

1.6.3 - Fixed satellite service and mobile satellite service:

1.6.3.1 - Fee applicable per earth station:

Fee code	Spectrum allocated (LF)	Fee (Euro)
145301	LF ≤ 3 MHz	3 002
145302	3 MHz < LF ≤ 18 MHz	21 978
145303	18 MHz < LF ≤ 36 MHz	45 584
145304	LF > 36 MHz	58 608

1.6.3.2 - Fee applicable per complementary earth station:

Fee code	Fee (Euro)
145350	21 978

1.6.4 - Fixed Satellite Service - VSAT (Very Small Aperture Terminal) earth stations:

Fee applicable per VSAT stations network:

Spectrum allocated (LF)	Number of earth stations of the VSAT network
	Up to 20		Between 21 and 100
	Fee code	Fee (Euro)	Fee code	Fee (Euro)
LF ≤ 200 kHz	145401	60 * n	145405	520 + (34 * n)
200 kHz < LF ≤ 2 MHz	145402	134 * n	145406	1 480 + (60 * n)
2 MHz < LF ≤ 18 MHz	145403	298 * n	145407	3 800 + (108 * n)
LF > 18 MHz	145404	666 * n	145408	9 240 + (204 * n)

Spectrum allocated (LF)	Number of earth stations of the VSAT network
	Between 101 and 500		More than 500
	Fee code	Fee (Euro)	Fee code	Fee (Euro)
LF ≤ 200 kHz	145409	1 920 + (20 * n)	145413	6 920 + (10 * n)
200 kHz < LF ≤ 2 MHz	145410	4 880 + (26 * n)	145414	11 880 + (12 * n)
2 MHz < LF ≤ 18 MHz	145411	10 600 + (40 * n)	145415	23 600 + (14 * n)
LF > 18 MHz	145412	23 340 + (64 * n)	145416	45 240 + (20 * n)

1.6.5 - Fixed Satellite Service - SNG (Satellite News Gathering) earth stations:

Fee applicable per earth station:

Fee code	Fee (Euro)
145501	2 542

1.7 - Fees due for the use of frequencies for other radio services:

1.7.1 - Licensed receiving stations:

Fee applicable per station:

Fee code	Fee (Euro)
146101	50

1.7.2 - Services ancillary to programme making/services ancillary to broadcasting (SAP/SAB applications):

Fee applicable per network and per assigned channel:

Fee code	Type of connection	Fee (Euro)
146201	Video links (¹)	160 * LF
146202	Audio links (²)	2 250

(1) - Comprises SAP/SAB video links used for news reports or events, namely wireless cameras, portable and mobile video links and point-to-point video links, as well as data transmission links;

(2) - Comprises SAP/SAB audio links used for news reports or events, namely portable and mobile audio links and point-to-point audio links.

Where LF stands for the whole radio spectrum allocated, in megahertz.

1.7.3 - Stations with utility or recreational purposes:

Fee applicable per station intended for utility or recreational purposes, operating at frequencies to be used by industrial, scientific or medical applications, according to the Radio Regulation:

Fee code	Fee (Euro)
146301	50

1.7.4 - Telecontrol stations:

Fee applicable per station for the purposes of telecontrol, telemetry, telealarm, data transmission in non-harmonized frequency bands, with power ranges between 200 mW and 5 W:

Fee code	Fee (Euro)
146401	50

Fee code	Act	Fee (Euro)
147101	Authorization for RDS operation	74.82
147102	Change to authorization for RDS operation	2.54

ANNEX V

Fees due for the Amateur and Amateur-Satellite Services

(Paragraphs 1 and 4 of Decree-Law no. 53/2009, of 2 March)

1 - Fees charged amount to:

Fee code	Act	Fee (Euro)
1 - Fees for administrative costs
153101	Amateur ability exam	50
153102	Issue of a National Amateur Certificate (CAN)	15
153103	Issue of a duplicate of CAN or of appropriate CEPT or ITU license	15
153104	Amendment to CAN or to appropriate CEPT or ITU license	15
153105	Issue of license for non-proprietary stations	15
153106	Issue of a duplicate of license for non-proprietary stations	15
153107	Amendment to non-proprietary license	15
153108	Issue of a duplicate of international certificate	15
153109	Assignment of a calling code to an additional fixed station (ICA)	15
153110	Assignment of an occasional calling code (ICO)	15
153111	Assignment of an annual occasional calling code (ICOA)	15
2 - Fees for optimising the use of common resources
154101	Annual fee for the use of an occasional calling code (ICOA)	120
154102	Annual fee for use of spectrum by the CAN holder	20

2 - The annual fee due by CAN holders for the use of spectrum shall be subject to the following reductions:

a) By 50% for those below 25 years of age;

b) By 50% for those over 65 years of age;

c) By 70% for disabled persons who suffer permanent disability at 60% or above, calculated pursuant to and for the purposes of paragraph 4 c) of article 19 of Decree-Law No. 53/2009, of 2 March.

ANNEX VI

Fees due for the Personal Radio Service - Citizen Band (CB)

(Paragraph 1 of article 11 of Decree-Law No. 47/2000, of 24 March)

Fees charged by ICP - Autoridade Nacional de Comunicações (ICP-ANACOM), for the purposes of and pursuant to Decree-Law No. 47/2000, of 24 March, that establishes the legal regime for the use of the Personal Radio Service - Citizen Band (CB), for the registration of users, amount to:

Fee code	Act	Fee (Euro)
161101	Registration of users	74.82

ANNEX VII

Fees dues for the construction of infrastructures for telecommunications in housing
developments, urban settlements, concentrations of buildings and buildings

(Paragraph 1 of articles 56 and 86 of Decree-Law No. 123/2009, of 21 May)

Fees charged by ICP - Autoridade Nacional de Comunicações (ICP-ANACOM), for the purposes of and pursuant to Decree-Law No. 123/2009, of 21 May, which governs the regime that applies to the construction of infrastructures for telecommunications in housing developments, urban settlements, concentrations of buildings (ITUR) and buildings (ITED), amount to:

Fee code	Act	Fee (Euro)
171301	Issue of ITED installer professional title	117
171302	Certification of training provider of ITED designers and installers	1 935
171401	Issue of ITUR installer professional title	117
171402	Certification of training provider of ITUR designers and installers	1 935

ANNEX VIII

Fees due for the access to and provision of audio-text services and value-added message-based services

(paragraphs 1 and 2 of article 11 of Decree-Law No. 177/99 of 21 May)

1 - Fees charged by ICP - Autoridade Nacional de Comunicações (ICP-ANACOM), for the purposes of and pursuant to paragraphs 1 and 2 of article 11 of Decree-Law No. 177/99 of 21 May, that regulates the access to and the provision of audio-text services and value-added message-based services, amount to:

Fee code	Act	Fee (Euro)
181101	Register as provider of audio-text services and value-added message-based services	200
181102	Endorsement to or substitution of the register, in case of loss	50
181203	Annual fee due for the provision of audio-text services and value-added message-based services	500

2 - The annual fee due for the provision of audio-text services and value-added message-based services shall be paid in July every calendar year.

3 - Where the provision of audio-text services and value-added message-based services starts after the date referred to in the preceding paragraph, the annual fee shall be due only for the number of months that remain up to the end of June of the following calendar year, for this purpose all fractions of one month being deemed as a full month.

ANNEX IX

Fees due for the access to and provision of postal services

(Paragraphs 1 and 2 of article 44 of Law No. 17/2012, of 26 April)

Fee code	Act	Fee (Euro)
192101	Issue of license	540
192102	Amendment to license at the request of the postal service provider	110
192103	Substitution of license, in case of loss	110
192104	Renewal of license	110
192105	Issue of a statement attesting the provider's entry in the register of postal service providers	290
192106	Endorsement to the declaration at the request of the postal service provider	75
192107	Substitution of the statement, in case of loss	75

Fee code	Step	From… Euro	To... Euro	Fee T (Euro)
192201	0	0	250 000	T₀ = 0
192202	1	250 001	1 500 000	T₁ = 2500
192203	2	1 500 001	No limit	T₂

Method of calculation of fee T₂
T_i_{(Year n)} ₌	Fee due by bodies of step i (i= 0, 1, 2) in Year n.
n_{i (Year n)} =	Number of bodies of step i (i= 0, 1, 2) in Year n.
R_i _{(Year n-1)} =	Relevant revenues connected to the pursue of the activity of postal service provider of bodies of step i (i= 0, 1, 2) in Year n-1, which must be submitted to ICP-ANACOM pursuant to article 3 of this administrative rule.
ΣR_i _{(Year n-1)} =	Total relevant revenues of bodies of step i (i= 0, 1, 2) in Year n-1.
C_{(Year n)} =	Total administrative costs (expenses) borne by ICP-ANACOM concerning paragraph 4 of article 44 of Law No. 17/2012, of 26 April, which must be taken into consideration for Year n, which correspond to the average value in the last 3 financial years of the costs (expenses) component, disregarding provisions, plus the average value of provisions in the last five financial years relating to legal cases in the postal sector.
R₂ _{(Year n-1)} =	Relevant revenues of bodies of step 2 in Year (n-1).
t₂ _{(Year n)} =	(C _{(Year n)} - T₁ _{(Year n)}n_{1(Year n)} ) / ΣR₂ _{(Year n-1)}	Contributory rate (%) of bodies of step 2 for Year n
T₂ _{(Year n)} =	t₂ _{(Year n)} x R₂ _{(Year n-1)} - a₂
a_{2(Year n)}	Part to be deducted in the calculation of fees due by bodies of step2 a₂ = t₂ _{(Year n)}x R^LI₂ - T₁_{(Year n)}
R^LI₂	lower limit of the step of relevant revenues of bodies of step 2

3 - The value of the t2 contributory rate, resulting from the application of the formula for step 2, shall be determined every year by determination of ICP-ANACOM’s Management Board and published on the respective website, following the calculation and disclosure of the total administrative costs (expenses) (C_{(Year n)}) and the total relevant revenues of bodies in step 2 (ΣR₂ _{(Year n-1)}).

Ministério da Economia e do Emprego (Minister for Economy and Employment)