Presidência do Conselho de Ministros (Presidency of the Council of Ministers)
Decree-Law
(This is not an official translation of the law)
Decree-Law No 272/98, of 2 September, establishes the regime for the installation and operation of the RDS (Radio Data System) System by radio broadcasters.
Under that statutory instrument, the assignment of a programme channel name fell within the competence of the former Instituto da Comunicação Social, I. P. (ICS, I. P.), a body of State indirect administration, which was replaced, as from 2007, by the Gabinete para os Meios de Comunicação Social (GMCS) as far as several of its powers and duties were concerned.
Further to the extinction of GMCS, operated by Decree-Law No 24/2015, of 6 February, the continuity of the exercise of competences entrusted to it, which initially fell on ICS, I. P., must now be ensured.
This statutory instrument thus has two main objectives. On the one hand, to ensure the transition of competences formerly exercised by GMCS in the framework of Decree-Law No 272/98, of 2 September, as regards both the assignment of a programme channel name and the authorization for operation of the RDS system when the use of Radiotext (RT) is involved, which in this specific case is shared with the Autoridade Nacional de Comunicações (ANACOM). On the other hand, to guarantee increased simplification and efficiency of several procedures currently provided for in Decree-Law No 272/98, of 2 September, RDS competences now being centralised in a single body, ANACOM, and where appropriate, in a single procedure, with occasional interventions from Entidade Reguladora para a Comunicação Social (ERC), in the framework and in the mere use of competences which its Statutes, approved by Law No 53/2005, of 8 November, already confer upon this body in the scope of the exercise of the radio activity.
Lastly, this statutory instrument introduces a review of a mainly formal nature of the text of Decree-Law No 272/98, so as to adjust it to several legal regimes approved in the meantime, among which the framework scheme of administrative offences within the communications sector, approved by Law No 99/2009, of 4 September, as amended by Law No 46/2011, of 24 June.
Entidade Reguladora para a Comunicação Social and Autoridade Nacional de Comunicações were heard.
Therefore,
Under paragraph 1a) of article 198 of the Constitution, the Government hereby decrees as follows:
Article 1
Subject-matter
This statutory instrument introduces the 1st amendment to Decree-Law No 272/98, of 2 September, which establishes the regime for the installation and operation of the RDS (Radio Data System) system by radio broadcasters.
Article 2
Amendment to Decree-Law No 272/98, of 2 September
Articles 1, 2, 3, 4, 6, 8, 9, 10, 11 and 12 of Decree-Law No 272/98, of 2 September, are hereby amended to read as follows:
«Article 1
[...]
1 - This statutory instrument establishes the regime for the installation and operation of the RDS (Radio Data System) system by radio operators.
2 - [...].
Article 2
[...]
For the purpose of this statutory instrument, the following definitions shall apply:
a) [...];
b) [...];
c) [...];
d) Radiotext (RT) - the transmission of non-addressed coded text of a fixed length and format, intended to be received by appropriate receivers;
e) [...].
Article 3
[...]
1 - The operation of the RDS system is subject to an authorisation from Autoridade Nacional de Comunicações (ANACOM), which shall only be granted to radio operators.
2 - The authorization referred to in the preceding paragraph is dependent upon an application from the radio operator, which must specify:
a) The programme service concerned;
b) The scope and coverage area of the respective programme service;
c) The intended programme channel name;
d) The intention to use radiotext in order to operate the system.
3 - Where the operation of the RDS system involves the transmission of messages through the use of radiotext, ANACOM shall promote the prior consultation of Entidade Reguladora para a Comunicação Social (ERC).
4 - The consultation referred to in the preceding paragraph aims to assess whether messages to be transmitted through radiotext are offensive to human dignity or are against the law.
5 - ERC shall issue a binding opinion within 10 working days from the date of reception of the consultation request submitted by ANACOM, together with, where appropriate, the opinion referred to in paragraph
6 of article 4.
6 - The provision of electronic communications services is subject to provisions laid down in Law No 5/2004, of 10 February.
Article 4
[...]
1 - The programme channel name shall be assigned by ANACOM, at the request of the radio operator.
2 - Having received the request referred in the preceding paragraph, ANACOM shall promote the consultation of ERC.
3 - The programme channel name shall correspond to the programme service name referred to in paragraph 5 of article 23 of Law No 54/2010, of 24 December, as amended by Laws No 38/2014, of 9 July, and 78/2015, of 29 July.
4 - [Former paragraph 3].
5 - In the scope of the consultation referred to in paragraph 2, it is incumbent on ERC to check the correspondence between the proposed programme channel name and respective programme service name, so as to guarantee a clear and unambiguous identification of the broadcasting station or network.
6 - ERC shall issue a binding opinion within 10 working days from the date of reception of the consultation request submitted by ANACOM.
7 - Any amendment to the programme channel name shall be promoted by radio operators before ANACOM, the procedure provided for in this article being followed.
Article 6
[...]
1 - [...]
2 - [...]
3 - [...]
4 - The previous paragraph shall not apply to radio operators authorized to use relay stations, under article 14 of Law No 54/2010, of 24 December, as amended by Laws No 38/2014, of 9 July, and 78/2015, of 29 July.
Article 8
[...]
1 - The assignment of the programme channel name and authorization for operation of the RDS system, as well as respective amendments, shall be subject to the payment of fees, which shall be set out under paragraph 2 of article 37 of ANACOM’s Statutes, approved by Decree-Law No 39/2015, of 16 March.
2 - Fees referred to in the preceding paragraph shall constitute revenue for ANACOM.
Article 9
[...]
1 - The monitoring of compliance with this statutory instrument shall be incumbent on ANACOM, the responsibility for the monitoring of the content of messages broadcast by radiotext lying with ERC.
2 - ANACOM is entitled to request the collaboration of other bodies in the exercise of monitoring powers conferred by this statutory instrument.
Article 10
[...]
1 - [...]
a) [...]
b) Indication of the programme channel name in violation of paragraph 4 of article 4;
c) Failure to indicate the programme channel name, in violation of paragraph 1 of article 6;
d) The use of the RDS system likely to cause a road safety hazard, in violation of paragraph 1 of article 7;
e) The use of the RDS system in breach of limits and conditions defined in the statement of authorisation, in violation of paragraph 1 of article 7;
f) The use of the RDS system in violation of paragraph 2 of article 7;
g) Failure to meet obligations established under points a) to c) of article 12.
2 - The infringement provided for in point c) of the preceding paragraph shall be deemed to be a minor offence.
3 - Infringements provided for in points b), e) and g) of paragraph 1 shall be deemed to be serious offences.
4 - Infringements provided for in points a), d) and f) of paragraph 1 shall be deemed to be very serious offences.
5 - Minor offences shall be are punishable by the following fines:
a) If committed by a micro enterprise, minimum fine of (Euro) 100 and maximum fine of (Euro) 750;
b) If committed by a small enterprise, minimum fine of (Euro) 250 and maximum fine of (Euro) 1 500;
c) If committed by a medium-sized enterprise, minimum fine of (Euro) 500 and maximum fine of (Euro) 2 500;
d) If committed by a large enterprise, minimum fine of (Euro) 1 000 and maximum fine of (Euro) 3 000.
6 - Serious offences shall be are punishable by the following fines:
a) If committed by a micro enterprise, minimum fine of (Euro) 200 and maximum fine of (Euro) 1 500;
b) If committed by a small enterprise, minimum fine of (Euro) 500 and maximum fine of (Euro) 3 000;
c) If committed by a medium-sized enterprise, minimum fine of (Euro) 1 000 and maximum fine of (Euro) 5 000;
d) If committed by a large enterprise, minimum fine of (Euro) 2 500 and maximum fine of (Euro) 10 000.
7 - Very serious offences shall be are punishable by the following fines:
a) If committed by a micro enterprise, minimum fine of (Euro) 500 and maximum fine of (Euro) 5 000;
b) If committed by a small enterprise, minimum fine of (Euro) 1 250 and maximum fine of (Euro) 7 500;
c) If committed by a medium-sized enterprise, minimum fine of (Euro) 2 500 and maximum fine of (Euro) 12 500;
d) If committed by a large enterprise, minimum fine of (Euro) 5 000 and maximum fine of (Euro) 25 000.
8 - [Former paragraph 4].
9 - [Former paragraph 5].
Article 11
[...]
1 - Without prejudice to the following paragraph, the application of fines provided for herein shall be incumbent on ANACOM, which shall be responsible for investigating the case file.
2 - The application of fines for the practise of offences provided for in point f) of paragraph 1 of the preceding article and the examination of the respective case files shall be incumbent on ERC.
3 - The amount of fines shall revert at 60% to the State and at 40% to ANACOM or to ERC, as appropriate.
Article 12
[...]
It shall incumbent on ANACOM, having heard ERC, to define by regulation:
a) The RDS system technical specification;
b) The RDS system applications and respective conditions;
c) Procedures to be followed for obtaining the authorization, referred in article 3, for operation of the RDS system, including the assignment of a programme channel name and the use of radiotext;
d) Elements that must be included in the statement of authorisation for operation of the RDS system.»
Article 3
Transitional provision
1 - Administrative Rule No 96/99, of 4 February, shall remain in force until the publication of the regulation referred to in article 12 of Decree-Law No 272/98, of 2 September, as amended by this statutory instrument, to the extent that it does not conflict with provisions laid down therein.
2 - Administrative Rule No 1473-B/2008, of 17 December, shall remain in force until fees due for the authorization for operation of the RDS system and for amending the referred operation authorization are established, under paragraph 1 of article 8 of Decree-Law No 272/98, of 2 September, as amended by this statutory instrument, to the extent that it does not conflict with provisions laid down therein.
3 - Joint Order No 12/99, of 10 December 1998, published in the Official Gazette No 7, Series II, of 9 January, shall remain in force until the fee due for the assignment of the programme channel name is established, under paragraph 1 of article 8 of Decree-Law No 272/98, of 2 September, as amended by this statutory instrument, to the extent that it does not conflict with provisions laid down therein.
Article 4
Republication
1 - Decree-Law No 272/98, of 2 September, with the current wording, is republished in annex hereto, being deemed to be an integral part hereof.
2 - For republication purposes, references to «by ICP» and «to ICP» must be read as, respectively, «by ANACOM» and «to ANACOM».
Article 5
Entry into force
This statutory instrument shall enter into force on the day following that of its publication.
Checked and approved in the Council of Ministers of 1 October 2015. Pedro Passos Coelho - Maria Luís Casanova Morgado Dias de Albuquerque - Luís Miguel Poiares Pessoa Maduro - Leonardo Bandeira de Melo Mathias.
Promulgated on 21 October 2015.
Let it be published.
The President of the Republic, ANÍBAL CAVACO SILVA.
Counter-signed on 22 October 2015.
The Prime Minister, Pedro Passos Coelho.
ANNEX
(referred to in article 4)
Republication of Decree-Law No 272/98, of 2 September
Article 1
Subject-matter
1 - This statutory instrument establishes the regime for the installation and operation of the RDS (Radio Data System) system by radio operators.
2 - The use of the RDS system may be authorised on the FM frequency band (87.5 MHz - 108.0 MHz), for both stereo and mono broadcasts.
Article 2
Definitions
For the purpose of this statutory instrument, the following definitions shall apply:
a) RDS - the system which allows non-audible digital information to be added to the FM broadcasts of radio broadcasting stations;
b) Programme channel identification code (PI) - the code which allows the receiver to identify each broadcasting station or network;
c) Programme channel name (PS) - the set of alphanumeric characters displayed on RDS receivers providing listeners with information on the selected broadcasting station or network;
d) Radiotext (RT) - the transmission of non-addressed coded text of a fixed length and format, intended to be received by appropriate receivers;
e) Radiomessaging (RP) - the establishment of low speed, non-vocal, addressed and unidirectional communications to suitable non-fixed terminal equipment, via the RDS system.
Article 3
Authorisation for operation of the RDS system
1 - The operation of the RDS system is subject to an authorisation from Autoridade Nacional de Comunicações (ANACOM), which shall only be granted to radio operators.
2 - The authorization referred to in the preceding paragraph is dependent upon an application from the radio operator, which must specify:
a) The programme service concerned;
b) The scope and coverage area of the respective programme service;
c) The intended programme channel name;
d) The intention to use radiotext in order to operate the system.
3 - Where the operation of the RDS system involves the transmission of messages through the use of radiotext, ANACOM shall promote the prior consultation of Entidade Reguladora para a Comunicação Social (ERC).
4 - The consultation referred to in the preceding paragraph aims to assess whether messages to be transmitted through radiotext are offensive to human dignity or are against the law.
5 - ERC shall issue a binding opinion within 10 working days from the date of reception of the consultation request submitted by ANACOM, together with, where appropriate, the opinion referred to in paragraph 6 of article 4.
6 - The provision of electronic communications services is subject to provisions laid down in Law No 5/2004, of 10 February.
Article 4
Assignment of a programme channel name
1 - The programme channel name shall be assigned by ANACOM, at the request of the radio operator.
2 - Having received the request referred in the preceding paragraph, ANACOM shall promote the consultation of ERC.
3 - The programme channel name shall correspond to the programme service name referred to in paragraph 5 of article 23 of Law No 54/2010, of 24 December, as amended by Laws No 38/2014, of 9 July, and 78/2015, of 29 July.
4 - The programme channel name shall be indicated by using a fixed and non-sequential message, which may only contain information concerning the tuning of the broadcasting station or network and the respective identification.
5 - In the scope of the consultation referred to in paragraph 2, it is incumbent on ERC to check the correspondence between the proposed programme channel name and respective programme service name, so as to guarantee a clear and unambiguous identification of the broadcasting station or network.
6 - ERC shall issue a binding opinion within 10 working days from the date of reception of the consultation request submitted by ANACOM.
7 - Any amendment to the programme channel name shall be promoted by radio operators before ANACOM, the procedure provided for in this article being followed.
Article 5
Assignment of programme channel identification codes
1 - The programme channel identification code shall be assigned by ANACOM.
2 - A programme channel identification code shall be provided for each radio coverage, without prejudice to the following article.
Article 6
Association of radios
1 - Operators authorised to operate the RDS system who associate with each other for the purpose of simultaneous broadcasting of the respective programming, where legally admitted, shall indicate the programme channel name, or, failing that, the source station of the broadcast.
2 - The preceding paragraph shall not apply to news services or merely occasional simultaneous transmission.
3 - For the purposes of paragraph 1, operators shall apply to ANACOM for the assignment of an additional programme channel identification code, intended to be used during broadcasts by all operators associated with the simultaneous programme broadcasting.
4 - The previous paragraph shall not apply to radio operators authorized to use relay stations, under article 14 of Law No 54/2010, of 24 December, as amended by Laws No 38/2014, of 9 July, and 78/2015, of 29 July.
Article 7
Limits on the use of the system
1 - The use of the RDS system shall be restricted to the limits and conditions defined in the statement of authorization and shall under no circumstances cause a road safety hazard.
2 - The use of the RDS system for the transmission of messages which are offensive to human dignity or are against the law shall be forbidden.
Article 8
Fees
1 - The assignment of the programme channel name and authorization for operation of the RDS system, as well as respective amendments, shall be subject to the payment of fees, which shall be set out under paragraph 2 of article 37 of ANACOM’s Statutes, approved by Decree-Law No 39/2015, of 16 March.
2 - Fees referred to in the preceding paragraph shall constitute revenue for ANACOM.
Article 9
Monitoring
1 - The monitoring of compliance with this statutory instrument shall be incumbent on ANACOM, the responsibility for the monitoring of the content of messages broadcast by radiotext lying with ERC.
2 - ANACOM is entitled to request the collaboration of other bodies in the exercise of monitoring powers conferred by this statutory instrument.
Article 10
Administrative offences and fines
1. Without prejudice to other applicable sanctions, the following acts shall be deemed to be administrative offences:
a) The use of the RDS system without the authorisation provided for in paragraph 1 of article 3;
b) Indication of the programme channel name in violation of paragraph 4 of article 4;
c) Failure to indicate the programme channel name, in violation of paragraph 1 of article 6;
d) The use of the RDS system likely to cause a road safety hazard, in violation of paragraph 1 of article 7;
e) The use of the RDS system in breach of limits and conditions defined in the statement of authorisation, in violation of paragraph 1 of article 7;
f) The use of the RDS system in violation of paragraph 2 of article 7;
g) Failure to meet obligations established under points a) to c) of article 12.
2 - The infringement provided for in point c) of the preceding paragraph shall be deemed to be a minor offence.
3 - Infringements provided for in points b), e) and g) of paragraph 1 shall be deemed to be serious offences.
4 - Infringements provided for in points a), d) and f) of paragraph 1 shall be deemed to be very serious offences.
5 - Minor offences shall be are punishable by the following fines:
a) If committed by a micro enterprise, minimum fine of (Euro) 100 and maximum fine of (Euro) 750;
b) If committed by a small enterprise, minimum fine of (Euro) 250 and maximum fine of (Euro) 1 500;
c) If committed by a medium-sized enterprise, minimum fine of (Euro) 500 and maximum fine of (Euro) 2 500;
d) If committed by a large enterprise, minimum fine of (Euro) 1 000 and maximum fine of (Euro) 3 000.
6 - Serious offences shall be are punishable by the following fines:
a) If committed by a micro enterprise, minimum fine of (Euro) 200 and maximum fine of (Euro) 1 500;
b) If committed by a small enterprise, minimum fine of (Euro) 500 and maximum fine of (Euro) 3 000;
c) If committed by a medium-sized enterprise, minimum fine of (Euro) 1 000 and maximum fine of (Euro) 5 000;
d) If committed by a large enterprise, minimum fine of (Euro) 2 500 and maximum fine of (Euro) 10 000.
7 - Very serious offences shall be are punishable by the following fines:
e) If committed by a micro enterprise, minimum fine of (Euro) 500 and maximum fine of (Euro) 5 000;
f) If committed by a small enterprise, minimum fine of (Euro) 1 250 and maximum fine of (Euro) 7 500;
g) If committed by a medium-sized enterprise, minimum fine of (Euro) 2 500 and maximum fine of (Euro) 12 500;
h) If committed by a large enterprise, minimum fine of (Euro) 5 000 and maximum fine of (Euro) 25 000.
8 - The suspension, for a maximum period of two years, of the authorisation for the operation of the RDS system may be applied as an accessory sanction to administrative offences provided for in this statutory instrument.
9 - Any offence in its attempted or negligent form shall be punishable.
Article 11
Competence
1 - Without prejudice to the following paragraph, the application of fines provided for herein shall be incumbent on ANACOM, which shall be responsible for investigating the case file.
2 - The application of fines for the practise of offences provided for in point f) of paragraph 1 of the preceding article and the examination of the respective case files shall be incumbent on ERC.
3 - The amount of fines shall revert at 60% to the State and at 40% to ANACOM or to ERC, as appropriate.
Article 12
Rulemaking
It shall incumbent on ANACOM, having heard ERC, to define by regulation:
a) The RDS system technical specification;
b) The RDS system applications and respective conditions;
c) Procedures to be followed for obtaining the authorization, referred in article 3, for operation of the RDS system, including the assignment of a programme channel name and the use of radiotext;
d) Elements that must be included in the statement of authorisation for operation of the RDS system.
Article 13
Transitional provision
Operators already authorised to operate the RDS system are allowed, at any time, to exercise the powers provided for in this statutory instrument, by means of an amendment to the respective authorisation.
Article 14
Repeal
1 - Decree-Law No 305/94, of 19 December, is hereby repealed.
2 - Administrative Rules No 278/95, of 7 April, and 295/95, of 10 April, shall remain in force until the administrative rule referred to in article 12 and the order referred to in article 8, respectively, are published.
