Government launches consultation on draft amendment to Decree-Law no. 123/2009

The Portuguese Government, through the Secretary of State for Infrastructure, has decided to conduct a public consultation on a draft amendment to Decree-Law no. 123/2009 of 21 May, which defines the legal regime applicable to the construction of infrastructure suitable for carrying electronic communications networks, to the installation of electronic communications networks and to the construction of telecommunications infrastructure in housing developments, urban settlements and concentrations of buildings.

As such, on 11 May 2016 and pursuant to ANACOM'S responsibilities in providing assistance to the Government, the Government sought ANACOM's assistance in the promotion of this consultation.

The draft amendment of Decree-Law no. 123/2009, which has been submitted to consultation, transposes Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks. The opportunity of this legislative intervention will also be taken to introduce a number of important adjustments to achieve the enshrined objectives of this law.

Interested parties are given a period of 10 working days to respond to the consultation (responses in writing and in Portuguese). Comments should, therefore, be sent no later than 31 May 2016, by email to dl-123-2009.rev@anacom.ptmailto:dl-123-2009.rev@anacom.pt1. Anything in responses considered confidential should be properly identified as such.

Given the length of the legislative texts submitted to consultation and for the sake of transparency, amendments which are incorporated into the republished text are highlighted using track changes. This will make it easier to identify the amendments made to Decree-Law no. 123/2009 as compared to the current version.

1 Each email may contain one or more files as long as the total size of all files does not exceed 10 megabytes and, if necessary, comments may be divided into two or more emails.