Administrative Rule no. 157/2017, of 10 May

Planeamento e das Infraestruturas (Planning and Infrastructure)

Administrative Rule

Administrative Rule No. 1473-B/2008, of 17 December, amended and republished by Administrative Rule No. 296-A/2013, of 2 October, and subsequently amended by Administrative Rule No. 378-D/2013, of 31 December, approved the amount of fees payable to the National Authority for Communications (ANACOM).

Since they concern the public domain of the State, it is important that fees payable for the use of frequencies are reviewed periodically, in order to ensure the effective management of resources and their efficient use and to ensure they reflect the intrinsic value of allocated radio spectrum.

In addition, within the scope of the fee associated to the use of frequencies for terrestrial electronic communication services, the provision on the basis of which the proportionality of spectrum charging was foreseen, by geographical area, if its use is made in only part of the national territory, a situation that is no longer appropriate within the scope of the rights of use of frequencies of the operators of terrestrial electronic communication services, has been deleted.

The National Communications Authority (ANACOM) was heard, in accordance with paragraph 2 of article 37 of its Statutes, approved by Decree-Law No. 39/2015, of 16 March.

Therefore:

The Government, represented by the Secretary of State of Infrastructures, under the powers delegated through Order No. 2311/2016, of 16 February, under the combined terms of the provisions set forth in paragraph 3 of article 105 of Law No. 5/2004, of 10 February, amended and republished by Law No. 51/2011, of 13 September, and subsequently amended by Law No. 10/2013, of 28 January, and Law No. 42/2013, of 3 July, by Decree-Law No. 35/2014, of 7 March, by Law No. 82-B/2014, of 31 December, by Law No. 127/2015, of 3 September, and by Law No. 15/2016, of 17 June, in paragraph 7 of article 19 of Decree-Law No. 151-A/2000, of 20 July, amended and republished by Decree-Law No. 264/2009, of 28 September, and subsequently amended by Law No. 20/2012, of 14 May, and Law No. 82-B/2014, of 31 December, and in paragraph 2 of article 37 of the Statutes of ANACOM, approved by Decree-Law No. 39/2015, of 16 March, decrees the following:

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

1 - Paragraph 1.1 of annex IV of Administrative Rule No. 1473-B/2008, of 17 December, amended and republished by Administrative Rule No. 296-A/2013, of 2 October, and subsequently amended by Administrative Rule No. 378-D/2013, of 31 December, is replaced by the following:

«1.1 - Fees due for the use of frequencies assigned for terrestrial electronic communication services:

2 - Paragraphs 1.2.1, 1.2.2 and 1.2.3 of annex IV of Administrative Rule No. 1473-B/2008, of 17 December, amended and republished by Administrative Rule No. 296-A/2013, of 2 October, and subsequently amended by Administrative Rule No. 378-D/2013, of 31 December, is replaced by the following:

«1.2.1 - Mobile trunking service:

(a) If the frequency(ies) is/are assigned in part of the national territory, the value of the fee is proportional to the geographical percentage of the territory for which the frequency(ies) has/have been assigned.

1.2.2 - Terrestrial mobile service:

(a) If the frequency(ies) is/are assigned in part of the national territory, the value of the fee is proportional to the geographical percentage of the territory for which the frequency(ies) has/have been assigned.

1.2.3 - Land mobile service - Railway system (GSM-R) communications: fee applicable per 'area of service' and per megahertz:

Where:

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

A = L*10

In which:

L represents the length (extension) in kilometres of the national railway network, at present with 2600 km;

10 represents 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 implemented along the railway;

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

Fr represents the reference fee per megahertz (€ 90 800/MHz).

In the assignment of spectrum for the establishment of new radiocommunication networks, the value of the applicable fee is reduced by 50% during the first three years of the radio license.

3 1 - Paragraphs 1.4.1 and 1.4.2 of annex IV of Ordinance No. 1473-B/2008, of 17 December, amended and republished by Ordinance No. 296-A/2013, of 2 October, and subsequently amended by Ordinance No. 378-D/2013, of 31 December, is replaced by the following:

«1.4.1 - Fixed service - Point-to-point and point-to-multipoint connections operating in frequency bands equal to or greater than 1 GHz (except FWA):

Fee applicable per bidirectional hertzian connection and per assigned channel:

Where L is the value of the distance of the hertzian connection in kilometres (value rounded off to three decimal places).

Point-to-multipoint connections are made up of a set of point-to-point connections. In this particular case, the fee to be applied will result from the sum of fees calculated for each point-to-point connection.

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

Unidirectional hertzian connections are applied a reduction of 25% relative to the fee amount that applies to bidirectional connections.

The minimum amount of the fee applicable per connection and per assigned channel shall be 50€.

1.4.2 - Fixed service - Point-to-point and point-to-multipoint connections intended for occasional use operating in frequency bands equal to or greater than 1 GHz:

Fee applicable per network and per assigned channel:

Article 2
Effective start date

The present regulation enters into force at the next working day after its publication.

The Secretary of State of Infrastructures, Guilherme Waldemar Goulão dos Reis d’Oliveira Martins, on 7 April 2017.