Decree-Law no. 92/2017, of 31 July

Planeamento e das Infraestruturas (Planning and Infrastructures)

Decree-Law

(This is not an official translation of the law)

Directive no. 2014/61/EUhttp://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32014L0061 of the European Parliament and Council, of 15 May 2014, concerning measures to reduce the cost of implanting high-speed electronic communications network, seeks to facilitate and encourage the implantation of high-speed electronic communications networks, promoting the joint use of the existing infrastructures, enabling a more efficient implantation of new physical infrastructures, in order to reduce the implantation costs of these networks and intersectoral coordination, establishing a minimum set of rights and obligations applicable to the entire Union and stipulating the principles of access to suitable infrastructures for electronic communications networks.

In order assure a rapid and extensive implantation of high-speed electronic communications networks, while at the same time maintaining an effective competition and the good functioning of current public infrastructures, the Directive promotes increased efficiency in the use of the existing infrastructures and the reduction of costs and barriers to undertaking new civil engineering works.

Through a series of amendments to Decree-Law no. 123/2009, of 21 May, a diploma which already set forth, in the national legal system, a substantial part of the system now established in the Directive, along with adjustments that the experience gained in the meantime during the monitoring of the system in force enabled identifying as relevant, measures have currently been stipulated whose impact appears to be positive in the development of electronic communications networks.

In particular, the accomplishment of the obligations on inclusion of information in the Centralised Information System, currently named the Information System of Suitable infrastructures, will enable the unequivocal and permanently updated knowledge of the information on the network of suitable infrastructures. The full operation of the Information System of Suitable Infrastructures is fundamental, not only to assure the open and effective access by electronic communications companies to the suitable infrastructures, but also to endow the Municipalities with knowledge on the existing infrastructures of the region, functioning as an electronic tool for compliance with the duties of information established in article 85 of the State Budget Law, approved Law no. 42/2016, of 28 December. The ability to comply with the information obligations foreseen in the aforesaid article, through a single and centralised platform managed by the Communications regulatory entity, gives the process greater transparency, efficiency and rigour, enabling the pursuit of the defined objectives in a manner aligned with the guiding principles of the SIMPLEX+2016 programme.

This also broadens the range of situations in which the intervention of the National Communications Authority (ANACOM) can be requested to settle disputes, as well as clarifying, pursuant to Directive no. 2014/61/EU http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32014L0061, of the European Parliament and Council, of 15 May 2014, the procedural rules in addition to the principles and criteria that preside over the decisions taken by ANACOM, strengthening the transparency and predictability of the decision-making process.

A mechanism is also established aimed at preventing that disputes over ownership, entitlement or the right to manage suitable infrastructures hinder, limit or encumber the right of access, by electronic communications companies, to the suitable infrastructures established in the law.

The present decree-law enacts the fourth amendment to Decree-Law no. 123/2009, of 21 May, amended by Decree-Law no. 258/2009, of 25 September, and by Laws no. 47/2013, of 10 July, and 82-B/2014, of 31 December, which defines the legal system for the construction, access and installation of electronic communications networks and infrastructures and the construction of telecommunications infrastructures in housing developments, urban settlements, groups of buildings and single buildings, transposing to the internal legal system Directive no. 2014/61/EU http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32014L0061, of the European Parliament and Council, of 15 May 2014, relative to measures aimed at reducing the cost of implanting high-speed electronic communications networks.

The present decree-law was submitted to public consultation. The bodies of the specific government of the Autonomous Regions, the National Association of Portuguese Municipalities and the National Association of Parishes were heard.

Therefore:
Under the terms of subparagraph a) of article 198 of the Constitution, the Government decrees the following:

Article 1
Object

1 - The present decree-law enacts the fourth amendment to Decree-Law no. 123/2009, of 21 May, amended by Decree-Law no. 258/2009, of 25 September, and by Laws no. 47/2013, of 10 July, and 82-B/2014, of 31 December, which establishes the legal system for the construction of infrastructures suitable for the accommodation of electronic communications networks, the installation of electronic communications networks and infrastructures and the construction of telecommunications infrastructures in housing developments, urban settlements, groups of buildings and single buildings.

2 - The present decree-law also transposes, into the internal legal system, Directive no. 2014/61/EU http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32014L0061, of the European Parliament and Council, of 15 May 2014, relative to measures aimed at reducing the cost of implanting high-speed electronic communications networks.

Article 2
Amendment to Decree-Law no. 123/2009, of 21 May

Articles 1, 2, 3, 4, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 31, 33, 36, 38, 39, 43, 44, 49, 50, 51, 57, 59, 66, 69, 70, 76, 77, 81, 88, 89, 95, 96, 97, 98, 99, 104, 107 and 109 of Decree-Law no. 123/2009, of 21 May, amended by Decree-Law no. 258/2009, of 25 September, and by Laws no. 47/2013, of 10 July, and 82-B/2014, of 31 December, are henceforth worded as follows:

«Article 1.
[...]

1 - ...

2 - The provisions in the present decree-law do not impair the regime applicable to the electronic communications networks and services established in Law no. 5/2004, of 10 February, which prevails in the event of conflict with the rules of the present decree-law.

3 - (Revoked.)

4 - The regime set forth in the present decree-law is not applicable to the private networks of sovereign public bodies, of the Government member responsible for the area of national defence, or under the this member’s responsibility, to the networks of the security forces and services, to emergency and civil protection networks, without prejudice to the possibility of these entities, should they so wish, being able to provide access to the infrastructures suitable for the accommodation of electronic communications networks that they hold, in which case they should follow the regime established in the present decree-law.

Article 2.
[...]

...
a) ...
b) ...
c) ...
d) To electronic communications companies and entities that hold or operate suitable infrastructures used for the first time in the exercise of their activity;
e) To entities that provide services of production, transport or distribution of gas, electricity, including public lighting, heating, water and the elimination or treatment of wastewater and sewerage, and drainage systems, and that hold or operate infrastructures suitable for the accommodation of electronic communications networks and that are not covered by the previous subparagraphs;
f) To entities that provide transport services, including railways, roads, ports and airports, and that hold or operate infrastructures suitable for the accommodation of electronic communications networks and that are not covered by the previous subparagraphs.

Article 3.
[...]

1 - ...
a) ...
b) ...
c) ...
d) ...
e) ...
f) ...
g) ...
h) ‘Infrastructures suitable for the accommodation of electronic communication networks’ or ‘suitable infrastructures’ the physical infrastructure that constitutes an element of a network that is intended to accommodate other elements of the network, without becoming, in itself, an active element of the network, such as pipes, posts, masts, ducts, manholes, inspection chambers, cabinets, buildings or entrances to buildings, antenna plants, towers, respective accessories and any associated infrastructures that may be capable of being used for the accommodation or maintenance of electronic communications cables, equipment or any resources of communications network, as well as bypass devices, connections or other equipment required for the transmission of electronic communications in those networks;
i) ...
j) ...
l) ‘ITED Manual’: the set of project technical, installation and testing prescriptions, as well as the technical specifications of materials, devices and equipment which constitute the telecommunications infrastructures in buildings (ITED), and the procedures to be approved by ANACOM;
m) ‘ITUR Manual’: the set of project technical, installation and testing prescriptions, as well as the technical specifications of materials, devices and equipment which constitute the ITUR, and the procedures to be approved by ANACOM;
n) ‘Works’: the construction, reconstruction, expansion, alteration, repair, conservation, restoration, adaptation and improvement of real estate properties, as well as the infrastructures covered by the present decree-law;
o) ‘Works of minor urban relevance’: the works established as such in the legal system for urbanisation and building, approved by Decree-Law no. 555/99, of 16 December, as well as the construction, by electronic communications companies, of suitable infrastructures of an extension of less than 10 linear metres;
p) ‘Access point’: a physical point, situated inside or outside the building, accessible to the entities that supply or are authorised to supply public communications networks, through which a connection to the physical infrastructure in the building is provided, as identified in the ITED Manual;
q) [Previous subparagraph o).]
r) ‘Simplified technical project’: the technical project, in the context of the ITUR or ITED, relative only to the technology that is intended to be installed;
s) ‘Electronic communications network’: the transmission systems and, where applicable, switching or routeing equipment and other resources, including network elements that are not active, which permit the sending of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit and packet-switched, including Internet) and mobile terrestrial networks, electricity cable systems (to the extent that they are used for the purpose of transmitting signals), networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed;
t) [Previous subparagraph r).]
u) (Revoked.)
v) [Previous subparagraph s).]
x) ‘Remuneration of the access’: the value payable by the companies of electronic communications accessible to the public for the use of the suitable infrastructures, for purposes of installation, accommodation, repair, preventive maintenance and removal of cables;
z) [Previous subparagraph v).]
aa) ‘Information System of Suitable Infrastructures (SIIA)’: the system which assures the provision of information relative to the infrastructures suited for the accommodation of electronic communication networks, under the terms of article 24.

2 - For the purpose of subparagraph h) of the previous number, the following is defined:

a) The associated infrastructures include access branches to buildings and all other infrastructures which are indispensable to the installation, removal, maintenance or repair of electronic communications cables in ducts and sub-ducts;
b) Cables, including dark fibre, and the network elements effectively used for the supply of water for human consumption do not constitute suitable infrastructures.

Article 4.
[...]

1 - ...

2 - ANACOM should, under the application of the present decree-law and on matters of common interest, request the cooperation, whenever necessary, of the competent authorities and services, namely the sectoral regulatory entities.

3 - On matters of the electricity, natural gas, crude oil and petroleum product sectors, statements issued by the Entidade Reguladora dos Serviços Energéticos (Regulatory Entity for Energy Services) and the Direção-Geral de Energia e Geologia (Directorate General for Energy and Geology) are binding.

Article 6.
[...]

1 - ...

2 - The procedures for the attribution of rights of way in assets of public domain under management by the entities referred to in article 2, to be established under the terms of numbers 3 and 4 of article 24 of the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February, should preferably be conducted by electronic means and should contain:

a) ...
b) ...
c) ...
d) ...
e) ...
f) ...

3 - ...
4 - ...
5 - ...

6 - The procedure of attribution of rights of way relative to assets integrated in the municipal public is instructed in conformity with the present article, where more than 30 days cannot elapse between the date of submission of the request and its decision. If this time limit should elapse without the municipal council having issued its decision, this will correspond to the attribution of the right of way.

Article 7.
Construction of suitable infrastructures by electronic communications companies

1 - Without prejudice to the provisions in the previous article, the construction of suitable infrastructures by electronic communications companies, outside the scope of housing developments, urbanisation and building, is ruled by the present decree-law, as well as by the prior communication procedure established in articles 34 and 35 of the legal system for urbanisation and building, approved by Decree-Law no. 555/99, of 16 December, with the subsequent amendments, where the following are exceptions from this regime:

a) ...
b) ...

2 - ...

3 - The factual elements of the prior communication are established in accordance with the provisions in number 4 of article 35 of the legal system for urbanisation and building, approved by Decree-Law no. 555/99, of 16 December, and must peremptorily include:

a) Confirming evidence of the prior announcement of the undertaking of construction works, provided within the time limit and under the terms established in article 9;
b) Statement of consultation of SIIA, showing the absence of information in SIIA relative to suitable Infrastructures integrated in the public domain that enable meeting the needs of the interested electronic communications company, or confirming evidence of refusal of access based on one of the situations foreseen in number 2 of article 14 and in article 15;
c) Confirming evidence of the granting of the request to attribute right of way or of being within the time limit, established in numbers 4 and 6 of the previous article, if applicable to the case in question.

4 - Mere physical access to suitable infrastructures for installation or maintenance of electronic communications cables, equipment or any other resources of communications networks, as well as bypass devices, connections or other equipment required for the transmission of electronic communications in these networks, does not constitute construction works, and therefore is not covered by the present article.

5 - (Revoked.)

6 - (Revoked.)

7 - (Revoked.)

Article 9.
Publicising of the undertaking of construction works or expansion of infrastructures

1 - ...
2 - ...

3 - The announcement of the undertaking of works foreseen in number 1 should be provided on the SIIA, by the respective promoter entity, at least 20 days in advance of the starting date of their implementation, pursuant to that established in subparagraph b) of number 1 of article 25.

4 - For purposes of the provisions in the present article, the entities should provide in the SIIA the characteristics of the intervention to be carried out, indicating, in particular, the site, type of work and network elements in question, the foreseen time limit for the start of the works and their duration, the costs and other conditions to be observed, as well as the time limit for participation in the work to be carried out, contact point to obtain clarifications and any preclusive provisions of future interventions in the area concerning the notification.

5 - The time limit for participation in the work to be carried out mentioned in the previous number cannot be less than 15 days counted from the date of the publication of the announcement in the SIIA.

6 - Electronic communications companies that wish to be associated to the intervention should, within the time limit referred to in the previous number, request the entity promoting the intervention for their association to the work to be carried out, specifying the zone foreseen for the implantation of the elements of the electronic communications network.

7 - Without prejudice to the provisions in the previous numbers, the entity promoting the intervention can, during the intervention, permit the participation of other entities in the work, in a non-discriminatory manner.

8 - The publicising of the undertaking of construction works or participation in these works does not exonerate the respective promoter entities from the access obligations established in chapter III.

Article 11.
Technical instructions applicable to the construction or expansion of suitable infrastructures

1 - The entities referred to in article 2 are responsible, when they consider this justified, to establish and maintain updated technical instructions applicable to the construction or expansion of suitable infrastructures, which should be publicised on the SIIA, within the maximum period of five days counted from the date of their approval.

2 - The technical instructions should take into consideration the particularities of the infrastructures for which they are intended and promote more appropriate technical, safety and security solutions for purposes of installation, repair, maintenance, removal and interconnection of the infrastructures, assuring compliance with the principles established in article 4.

3 - Electronic communication companies are only bound to comply with technical instructions published on the SIIA on the date when the request for attribution of right of way referred to in article 6 or the prior communication established in article 7 was submitted.

4 - (Previous number 3.)

5 - The guidelines referred to in the previous number require the prior hearing of the public entities with attributions on the matter in question, namely the Direção-Geral de Energia e Geologia (Directorate General for Energy and Geology) in the case of infrastructures of the sectors of electricity, natural gas and transport of crude oil and petroleum products.

Article 12.
[...]

1 - For the use and benefit of the assets of municipal public and private domain, which are reflected in the construction or installation of suitable infrastructures, by companies that offer electronic communications networks and services accessible to the public, the municipal rate on rights of way is payable, under the terms of article 106 of the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February. The charging of any other rates, charges or remunerations is not permitted for the aforesaid use and benefit, without prejudice to the provisions in article 13.

2 - ...

3 - The provisions in number 5 of article 106 of the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February, are applicable to the use of the public and private domain of the State and Autonomous Regions.

Article 13.
Right of access to suitable infrastructures

1 - ...

2 - The access referred to in the previous number should be assured under fair and reasonable terms of equality, transparency and non-discrimination, through remuneration conditions driven by costs, pursuant to article 19.

3 - The procedures to obtain access rights should be swift, transparent and appropriately publicised, where it should be assured that any request for access is appraised and answered within the maximum period of 20 days after the effective receipt of the request for access by the competent entity, under the terms of number 2 of article 20.

4 - The remuneration established in article 19 is payable for the use of suitable infrastructures that belong to the public or private domain of local governments.

5 - ...

Article 14.
Prohibition of the exclusive use of suitable infrastructures

1 - Contractual clauses that foresee the exclusive occupation of suitable infrastructures by an electronic communications company, or by any of the entities referred to in article 2, or by both together, are prohibited and are null and void.

2 - The provisions in the previous number do not prevent the entities referred to in article 2 from being able to establish reservation of space for own use in suitable infrastructures, constructed presently and in the future, provided that this reservation is duly substantiated.

Article 15.
Refusal of access to suitable infrastructures

The entities referred to in article 2 can only refuse access to suitable infrastructures that they hold or are under their management, in a duly substantiated manner, in the following situations:

a) When the accommodation of electronic communications networks in the infrastructures in question is not feasible temporarily, for technical reasons, or there is risk of the foreseen electronic communications services interfering in a severe form in the offer of other services through the same infrastructures;
b) When the use of the infrastructures by the electronic communications companies preclude the principal purpose for which they were installed, place in question public health and the safety of people or assets, or cause serious risk of non-compliance, by the entities referred to in article 2, of legal, regulatory or technical rules on matters of public service obligations to which the respective provision of services is subject;
c) ...
d) When this places in question the integrity and security of the networks, in particular of critical national infrastructures.

Article 16.
Procedures in the case of refusal of access to suitable infrastructures

1 - When, in a specific case, an entity reference to article 2 has refused access to infrastructure, any of the parties involved can request the intervention of ANACOM to issue a binding decision on the matter and, if necessary, establish the conditions of access and use, including the remuneration that should be applied under the terms of article 19.

2 - ...

3 - ANACOM is responsible for deciding on the possibility of electronic communications networks being accommodated in the infrastructures in question. To this end, ANACOM should hear the entity holding or managing the infrastructures, the respective sectoral regulatory entity, when applicable, as well as the Direção-Geral de Energia e Geologia (Directorate General for Energy and Geology) in cases relative to infrastructures of the sectors of electricity, natural gas and transport of crude oil and petroleum product, or other public entity with attributions on the matter and that is indicated by the entity holding or managing the infrastructures, as well as the applicant, whenever the request is submitted by third parties.

4 - For the purposes of the provisions in the previous number, the consulted entities should issue their opinion within the maximum period of 15 days, where failure to issue an opinion within this period corresponds to the issue of a favourable opinion.

5 - When ANACOM's decision is totally or partially contrary to the opinions of the consulted public entities, issued under the terms of the previous number, it should be duly substantiated, specifically justifying the reasons for its non-acceptance of the conclusions presented in those opinions.

6 - In the settlement of the disputes referred to in the present article, ANACOM should assure respect for the adversarial principle and take proportionality into account, towards the prohibition of excess, and the principles established in article 4 of the present decree-law, and should follow the procedural rules established in article 10 of the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February, with the following adaptations:

a) Apart from under exceptional circumstances, ANACOM’s decision should be issued within the maximum period of 120 days counted from the date of receipt of the full request for intervention, provided that the applicant provides ANACOM with all the elements and information required for the conformation of the facts and matter under dispute;
b) When the dispute is related to access to suitable infrastructures held by electronic communications companies, ANACOM should take into consideration the regulation objectives established in article 5 of the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February.

7 - ...

8 - The request for ANACOM’s intervention should be made within the maximum period of one year, counted from the starting date of the dispute, after which ANACOM may refuse to intervene.

Article 17.
General obligations of entities holding suitable infrastructures

Article 19.
Remuneration of the access to suitable infrastructures

1 - The remuneration for the access to and use of infrastructures held by or whose management is incumbent upon the entities referred to in article 2 should be driven by costs, taking into account the following:

a) Costs derived from the construction, maintenance, repair and improvement of the infrastructures in question;
b) Administrative costs incurred with the treatment of the requests, namely the requests for installation, repair or removal of cables or other elements of electronic communications networks;
c) Costs related to follow-up of interventions.

2 - ...

3 - In the case of infrastructures held or managed by local governments, the definition of the methodology to be used for the establishment of the value of the remuneration in exchange for the access to and use of the suitable infrastructures and the respective remuneration is the competence of the corresponding bodies, under the terms established in the legal system for local governments, approved by Law no. 75/2013, of 12 September, and the general system for rates of local governments, approved by Law no. 53-E/2006, of 29 December.

4 - For infrastructures held or managed by all the other entities referred to in article 2, ANACOM approves, for the purposes of the provisions in number 1, by regulation, the methodology to be used for the establishment of the value of the remuneration payable by electronic communications companies in exchange for access to and use of the suitable infrastructures, after prior hearing of the competent regulatory entities, Entidade Reguladora do Setor Elétrico (Regulatory Entity of the Electricity Sector) for the sectors of electricity, natural gas and transport of crude oil and petroleum products.

5 - The methodology stipulated in the previous number should enable calculating the value of the remuneration of the investment made with the construction of the infrastructures, as well as the value of the remuneration that is payable in exchange for the management and maintenance of the infrastructures to be carried out by the entity responsible for their operation.

6 - Whenever, at the request of the electronic communications companies or any of the entities referred to in article 2, it is necessary to investigate the adequacy of the requested remuneration with the established methodology, the management entity of the infrastructure should provide ANACOM, within the maximum period of 30 days, with the elements demonstrating the adequacy of the remuneration, as well as all the elements that are requested by this entity for this appraisal.

7 - In the case of a dispute over the applicable specific conditions, including the price and respective terms of payment, the parties can appeal to ANACOM, once 30 days have elapsed after the date of receipt of the request for access, with the application, without prejudice to the provisions in the following subparagraphs, of the regime for the settlement of disputes established in the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February, with the following adaptations:

a) Apart from under exceptional circumstances, ANACOM’s decision should be issued within the maximum period of 60 days counted from the date of receipt of the request for intervention, provided that the applicant provides ANACOM with all the elements and information required for the conformation of the facts and matter under dispute;
b) ANACOM should decide pursuant to the provisions in the present decree-law and, in the absence of other criteria, shall consider the conditions usually stipulated in all other offers of access to infrastructures or the conditions established in offers regulated by ANACOM.

Article 20.
Requests for access to suitable infrastructures

1 - Electronic communications companies that wish to install their networks in suitable infrastructures, held or managed by the entities referred to in article 2, should make their request for access to the entity that holds their possession or management.

2 - The request for access should specify the network elements that are planned to be installed in the suitable infrastructures for which the access is requested, the zone where they intend to install these elements and the specific timing of the intervention to be carried out.

3 - Any request for access to use infrastructures should be appraised and answered within the maximum period of 20 days after its effective receipt by the entity that holds the possession or management of the suitable infrastructures, where it is considered that the request has been accepted when, once this period has elapsed, an explicit decision has not been issued.

4 - In the case that the request for access is granted, the beneficiary electronic communications company must peremptorily complete the installation of the systems and equipment within the period of 120 days, under penalty of expiry of the corresponding right of access.

5 - The entity that holds the possession or management of the suitable infrastructures should, together with the granting of the request for access, issue the statement that certifies the right of access.

6 - When the request for access is considered accepted under the terms of the final part of number 3, ANACOM certifies the right of access, within the period of 10 days counted from the receipt of the request for certification, which should be accompanied by the evidence confirming the request for access formulated under the terms of number 2.

7 - The statement and certification foreseen in the previous numbers comply with the template presented in annex II of the present decree-law, of which it is an integral part, and are invokable before third parties and administrative public authorities, including police forces and agents of inspection services, namely in the preparation and during the physical access to the infrastructures and in their use.

8 - The procedures referred to in the present article are preferably conducted by electronic means.

Article 21.
Technical instructions for installation in suitable infrastructures

1 - ...
2 - ...

3 - ANACOM, after prior hearing of the competent entities on the matter, namely the Direção-Geral de Energia e Geologia (Directorate General for Energy and Geology) in the case of the electricity, natural gas, crude oil and petroleum product sectors, can, whenever considered justified, issue guidelines applicable to the definition of the technical instructions established in the present article.

Article 22.
Use of suitable infrastructures

1 - ...
2 - ...
3 - ...
4 - ...

5 - Without prejudice to the right to appeal to the courts, ANACOM, after prior hearing of the competent entities on the matter, namely the Direção-Geral de Energia e Geologia (Directorate General for Energy and Geology) whenever applicable, can, by binding decision, resolve the disputes derived from the application of the rules established in the present article that are submitted to it by electronic communications companies or by the entities holding the infrastructures that are used.

6 - The settlement of the disputes referred to in the previous number is subject to numbers 6 and 8 of article 16, without prejudice to the provisions in the following numbers, where ANACOM should, apart from under exceptional circumstances, issue a decision within a maximum period of 60 days counted from the date of receipt of the full request for intervention.

7 - Whenever the access to infrastructures held by an entity subject to regulation is involved, the decision referred to in number 5 should be preceded by an opinion of the respective sectoral regulatory entity, which should issue its opinion within the non-extendible maximum period of 15 days, where failure to issue an opinion within this period corresponds to the issue of a favourable opinion.

8 - ...

Article 23.
[...]

1 - ...
2 - ...
3 - ...

4 - The intended receivers of the decisions of ANACOM referred to in the previous number can be any of the entities referred to in article 2.

5 - ...
6 - ...

Article 24.
[...]

1 - The entities referred to in article 2 should prepare, possess and keep permanently updated a record presenting descriptive and georeferenced information on the suitable infrastructures that they hold or are under their management, namely ducts, manholes, inspection chambers and associated infrastructures.

2 - ...

3 - The entities referred to in number 1 should prepare and provide in the SIIA the information mentioned in the previous number, under the terms defined by ANACOM, observing the time limits established in numbers 3 to 5 of article 25.

4 - The entities referred to in number 1 are obliged to:

a) ...
b) ...

5 - ...

6 - Non-inclusion in the record of suitable infrastructures does not prevent the right of access to these infrastructures by electronic communications companies, where the entities referred to in article 2 should:

a) Answer, within the period of 10 days, to requests for information on the matters referred to in numbers 2 and 4 of the present article;
b) Authorise, in proportionate, transparent and non-discriminatory terms and within the period of 10 days, the electronic communications companies carrying out surveys in the field of specific elements of the suitable infrastructures, provided that these requests are reasonable and specify the pertinent network elements for the implantation of electronic communications networks.

7 - In the case of dispute relative to the rights and obligations established in the present article, the provisions in numbers 6 and 8 of article 16 are applicable, where ANACOM should, apart from under exceptional circumstances, issue a decision within a maximum period of 60 days counted from the date of receipt of the full request for intervention.

8 - Whenever access to infrastructures held by an entity subject to regulation is involved, the provisions set forth in numbers 8 and 9 of article 19 are applicable.

Article 25.
Information available in the SIIA

1 - ...

a) ...
b) Announcements on the construction of suitable infrastructures under the terms established in article 9;
c) Record, containing georeferenced, full and integrated information of all the suitable infrastructures, held or managed by the entities referred to in number 1 of article 24, including the public ITUR referred to in article 31;
d) Procedures and conditions applicable to the access and use of each of the infrastructures referred to in the previous subparagraph, including the technical instructions mentioned in article 21 when applicable.

2 - The entities referred to in number 1 of article 24 should to ensure the availability in the SIIA of the information mentioned in the previous number, assuring its quality, reliability, timeliness and permanent updating, and, whenever requested, should provide ANACOM with all the necessary clarifications and elements with a view to their entry in the SIIA.

3 - ...

4 - The entities responsible for the attribution of rights of way should include in the SIIA the information referred to in subparagraph a) of number 1, within the maximum period of 20 days counted from the date when they were empowered to attribute rights of way.

5 - The entities that hold or manage suitable infrastructures should include in the SIIA the information indicated in subparagraphs c) and d) of number 1, within the maximum period of 30 days counted from the date on which they took up possession or management of the infrastructures.

6 - The alterations to the procedures and information referred to in the previous numbers should be provided in the SIIA by the fifth business day after the date of their approval or the occurrence of the alterations.

7 - ANACOM is responsible, after the consultation procedure established in article 8 of the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February, for defining the format in which the elements should be provided in the SIIA.

Article 26.
Access to the SIIA

1 - ...

2 - The information of the SIIA is provided through the Internet, using a secure connection, with validation of access, which can be accessed remotely by the entities indicated in article 2 which meet the conditions established in the previous number, when applicable, as well as the sectoral regulatory entities which obtain access credentials from ANACOM, without prejudice to the provisions in Law no. 46/2007, of 24 August.

3 - Whenever it is found that the entities accredited for access and use of the SIIA do not comply with the obligations established in the previous article, ANACOM should suspend their access to the system until their compliance with these obligations is observed.

4 - The entities indicated in number 2 that have access to the information contained in the SIIA should take appropriate measures to assure the respect of confidentiality and the trade and operational secrecy.

5 - The obtaining of remuneration, directly or indirectly, for the provision, use or reuse of the documents or information extracted from the SIIA by its users or third parties is forbidden.

Article 29.
[...]

1 - ...
2 - ...
3 - ...

4 - The start-up of the work should be communicated previously to the ITUR designer.

5 - (Previous number 4.)

Article 33.
[...]

1 - ...
2 - ...
3 - ...
4 - ...

5 - If the parties cannot reach an agreement regarding access to the public ITUR within the period of 30 days counted from the date of receipt of the request for access, any of the parties may request ANACOM’s intervention to issue a binding decision, aimed at assessing compliance with the requirements established in the present article.

6 - In the settlement of the disputes referred to in the previous article, ANACOM should assure respect for the adversarial principle and take proportionality fully into account, as well as the principles established in article 4 of the present diploma, and should follow the procedural rules established in article 10 of the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February, without prejudice to the provisions in the following number.

7 - Apart from under exceptional circumstances, ANACOM’s decision should be issued within the maximum period of 60 days counted from the date of receipt of the request for intervention, provided that the applicant provides ANACOM with all the elements and information required for the conformation of the facts and matter under dispute.

Article 36.
[...]

1 - ...
2 - ...

3 - ANACOM is responsible for approving the template of the statement of responsibility referred to in the present article, as well as the conditions for its issue.

Article 38.
[...]

...
a) ...
b) Issue the statement of responsibility referred to in article 36.
c) Submit to ANACOM and the promoter of the work the statement of responsibility referred to in the previous subparagraph within the period of 10 days counted from the signing of the technical project;
d) [Previous subparagraph c).]
e) Attend the continuous training action for scientific and technical updating, in every five-year period, of duration corresponding to at least 50 hours, at the training entity referred to in article 44.

Article 39.
[...]

1 - ...

a) ...
b) ...
c) ...
d) ...
e) ...
f) ...
g) Date and signature.

2 - ...

Article 43.
[...]

1 - ...

a) ...
b) ...
c) ...
d) Issue the statement of responsibility for implementation of the installation;
e) Submit to ANACOM, the owner of the work, the director of the work, the director of the inspection of the work, the owner or, in the case of a group of buildings, the respective administration, the statement of responsibility referred to in the previous subparagraph within the period of 10 days counted from the date of completion of the installation;
f) Attend the continuous training action for scientific and technical updating, in every five-year period, of duration corresponding to at least 50 hours, at the training entity referred to in article 44.

2 - ...

3 - ANACOM is responsible for approving the template of the statement of responsibility referred to in subparagraph d) of number 1, as well as the conditions for its issue.

4 - The connection of the ITUR to public communications networks and the provision of electronic communications services can only be done after the issue of the statement of responsibility for implementation of the installation and its submission to ANACOM.

Article 44.
[...]

1 - The training to obtain, in Portugal, the qualifications referred to in items i) and ii) of subparagraph b) of number 1 of article 41 and the continuous training referred to in subparagraph d) of article 38 and subparagraph e) of number 1 of the previous article is ministered by training entities of the National Qualifications System, identified in number 1 of article 16 of Decree-Law no. 396/2007, of 31 December, as worded by Decree-Law no. 14/2017, of 26 January, in which the certified entities are included under the terms of the following article.

2 - ...

3 - All the entities referred to in number 1 should respect the specific requirements stipulated in subparagraph d) of number 1 of article 45.

Article 49.
[...]

...
a) ...
b) ...
c) Assure that the trainees of the courses referred to in subparagraph a) are duly qualified, under the terms established in the implementing order referred to in subparagraph d) of number 1 of article 45;
d) ...
e) ...
f) ...

Article 50.
Alteration of telecommunications infrastructures in ITUR

1 - The alteration of public or private ITUR, namely for the installation of fibre optic, should be preceded by a simplified technical project, prepared by a duly qualified designer and installer, pursuant to the ITUR Manual.

2 - ...

Article 51.
[...]

1 - ...

a) Those relative to the health and safety of the user or any other person, including those contained in Decree-Law no. 21/2017, of 21 February, with respect to safety requirements, and all other applicable legislation;
b) Those contained in Decree-Law no. 31/2017, of 22 March, with respect to electromagnetic compatibility, and all other applicable legislation;

2 - ...

Article 57.
Telecommunications infrastructures in buildings

1 - ...
2 - ...

3 - Buildings equipped in conformity with the requirements established in the present chapter are eligible to receive the optional label 'ITED Compliant. Suitable for broadband' ('Cumpre o ITED. Apto para banda larga'), whose format and other provisions are presented in the template established in annex III to the present decree-law, of which it is an integral part.

Article 59.
[...]

1 - ...
2 - ...
3 - ...

4 - The start-up of the work should be communicated previously to the ITED designer.

5 - (Previous number 4.)

Article 66.
[...]

1 - ...
2 - ...

3 - ANACOM is responsible for approving the template of the statement of responsibility referred to in the present article, as well as the conditions for its issue.

Article 69.
[...]

1 - ...

a) ...
b) Issue the statement of responsibility referred to in article 66.
c) Submit to ANACOM and the owner of the work the statement of responsibility referred to in the previous subparagraph, within the period of 10 days counted from the signing of the technical project;
d) [Previous subparagraph c).]
e) Attend the continuous training action for scientific and technical updating, in every five-year period, of duration corresponding to at least 50 hours, at the training entity referred to in article 77.

2 - ...

Article 70.
[...]

1 - ...
a) ...
b) ...

c) ...
i) ...
ii) ...
iii) ...
iv) ...

d) ...
e) ...
f) ...
g) Date and signature.

2 - ...

3 - ...

Article 76.
[...]

1 - ...
a) ...
b) ...
c) ...
d) Issue the statement of responsibility for implementation of the installation;
e) Submit to ANACOM, the owner of the work, the director of the work, the director of the inspection of the work, the owner or administration of the building, the statement of responsibility referred to in the previous subparagraph within the period of 10 days counted from the date of completion of the installation;
f) Attend the continuous training action for scientific and technical updating, in every five-year period, of duration corresponding to at least 50 hours, at the training entity referred to in the following article.

2 - ...

3 - ANACOM is responsible for approving the template of the statement of responsibility referred to in subparagraph d) of number 1, as well as the conditions for its issue.

4 - The connection of the ITED to public communications networks and the provision of electronic communications services accessible to the public can only be done after the issue of the statement of responsibility for implementation of the installation and its submission to ANACOM.

Article 77.
[...]

1 - The training to obtain, in Portugal, the qualifications referred to in items i) and ii) of subparagraph b) of number 1 of article 74 and the continuous training referred to in subparagraph d) of article 69 and subparagraph e) of number 1 of the previous article is ministered by training entities of the National Qualifications System, identified in number 1 of article 16 of Decree-Law no. 396/2007, of 31 December, as worded by Decree-Law no. 14/2017, of 26 January, which include the certified entities under the terms of the following article.

2 - .. .

3 - The entities referred to in number 1 should respect the specific requirements stipulated in subparagraph d) of number 1 of the following article.

Article 81.
[...]

Article 88.
[...]

1 - ...

2 - The costs derived from inspection measures taken for verification of compliance with the obligations established in chapters V and VI, namely final inspections, project reviews, issue of opinions and material tests, are payable by the agents considered responsible for any detected non-compliance with the legal or technical rules applicable in administrative offence procedures.

3 - The costs referred to in number 2 are established in annex I of the present decree-law, of which it is an integral part, based on the costs incurred with the conduct of final inspections, project reviews, issue of opinions and material tests, and are paid by ANACOM in observance of the rules of the general taxation law and the Código do Procedimento e Processo Tributário (Code of Taxation Procedure and Process), updated annually based on the Índice de Preços ao Consumidor (Consumer Price Index) (IPC).

4 - For purposes of inspection of compliance with legal, regulatory and technical obligations derived from the system established in chapters V and VI, the municipal councils should provide ANACOM with access to the processes established in the legal system for urbanisation and building, approved by Decree-Law no. 555/99, of 16 December, which involve infrastructures and electronic communications networks.

Article 89.
[...]

1 - The following constitute administrative offences:

a) ...
b) (Revoked.)
c) ...
d) Non-observance of the obligation to publicise in the SIIA and maintain the updated technical instructions established in number 1 of article 11, when applicable, as well as breach of the provisions in number 2 of the same article;
e) ...
f) Non-compliance with the decisions issued by ANACOM under the terms of article 16, as well as number 7 of article 19;
g) Non-compliance with the obligations of entities holding the suitable infrastructures established in article 17;
h) Non-compliance with the methodology established by ANACOM under the terms of numbers 4 to 6 of article 19;
i) Non-compliance with the obligation to publicise and maintain the updated technical instructions established in number 1 of article 21, when applicable, as well as breach of the provisions in number 2 of the same article;
j) ...
l) ...
m) Breach of the obligation of communication of the agreements with a view to the sharing of infrastructures, established in number 2 of article 23;
n) ...
o) Non-compliance with the obligations established in numbers 1, 2, 4, 5 and 6 of article 24;
p) Non-observance of the obligations established in numbers 3 of article 24 and numbers 2 to 5 of article 25;
q) The obtaining of remuneration, in breach of number 5 of article 26;
r) (Revoked.)

2 - ...

a) ...
b) ...
c) ...
d) Failure to inform the start-up of the work to the designer, in breach of number 4 of article 29;
e) [Previous subparagraph d).]
f) [Previous subparagraph e).]
g) [Previous subparagraph f).]
h) [Previous subparagraph g).]
i) [Previous subparagraph h).]
j) Breach of the obligations established in numbers 1 and 4 of article 33, and non-compliance with ANACOM’s decisions issued under the terms of number 5 of the same article;
l) ...
m) ...
n) [Previous subparagraph j).]
o) The preparation of the technical project by a person not qualified for the purpose, in breach of the provisions in number 1 of article 36 and number 1 of article 66;
p) ...
q) ...
r) Non-compliance with the obligation to provide the information to ANACOM, under the terms established in number 2 of article 37 and number 3 of article 41;
s) Non-compliance with the obligations established in article 38 and number 1 of article 50;
t) ...
u) [Previous subparagraph r).]
v) ...
x) Non-compliance by the installer with the obligations established in number 1 of article 43 and article 50;
z) Non-compliance by the promoter, by the owner, by the administration of the group of buildings and by the electronic communications company with the obligation established in number 4 of article 43;
aa) [Previous subparagraph u).]
bb) [Previous subparagraph x).]
cc) [Previous subparagraph z).]
dd) [Previous subparagraph aa).]
ee) [Previous subparagraph bb).]

3 - ...
a) The placement of the label referred to in number 2 of article 57 in breach of the provisions in the same article, as well as the non-installation of the mandatory infrastructures established in subparagraphs a) to d) of number 1 of article 59;
b) ...
c) ...
d) Failure to inform the start-up of the work to the designer, in breach of number 4 of article 59;
e) [Previous subparagraph d).]
f) [Previous subparagraph e).]
g) [Previous subparagraph f).]
h) [Previous subparagraph g).]
i) [Previous subparagraph h).]
j) The installation of ITED without a technical project prepared by a designer, in breach of number 1 of article 65, as well as the preparation of the technical project in breach of number 2 of the same article;
l) ...
m) ...
n) [Previous subparagraph i).]
o) Non-observance of the obligations established in number 1 of article 69 and number 2 of article 74;
p) ...
q) [Previous subparagraph n).]
r) [Previous subparagraph o).]
s) The holding of continuous training courses in breach of the provisions in numbers 2 and 3 of article 77, as well as their undertaking by entities not certified under the terms of number 1 of article 78;
t) ...
u) [Previous subparagraph r).]
v) (Revoked.)
x) [Previous subparagraph s).]
z) [Previous subparagraph u).]

4 - ...

5 - The administrative offences established in subparagraphs d) and i) of number 1, in subparagraphs d), i), j) and dd) of number 2 and in subparagraphs d), h) and i) of number 3 are serious administrative offences.

6 - The administrative offences established in subparagraphs a), c), e), f), g), h), j), l), m), n), o), p) and q) of number 1, in subparagraphs a), b), c), e), f), g), h), n), o), r), s), u), x), z), aa), bb), cc) and ee) of number 2, in subparagraphs a), b), c), e), f), g), j), n), o), q), r), s), u), x) and z) of number 3 and in number 4 are very serious administrative offences.

7 - ...
8 - ...
9 - ...
10 - ...
11 - ...
12 - ...
13 - ...
14 - ...

Article 107.
[...]

The rules of article 87 of the Code of Administrative Procedure (Código do Procedimento Administrativo) apply to the counting of the administrative periods specified in the present decree-law.»

Article 3.
Amendment to Decree-Law no. 123/2009, of 21 May

Articles 9-A, 20-A, 24-A and 108-B are added to Decree-Law no. 123/2009, of 21 May, amended by Decree-Law no. 258/2009, of 25 September, and by Laws number 47/2013, of 10 July, and 82-B/2014, of 31 December, being henceforth worded as follows:

«Article 9.-A

Exception to the obligations of publicising and association

1 - The compliance with the obligations of publicising and association of carrying out construction works established in the previous article can be waived in the following cases:

a) Critical national infrastructures, qualified as such under the terms of the law;
b) When the publicising implies the disclosure of information whose access should be restricted for reasons of security and integrity of the networks and public security and health.

2 - The request for exemption, substantiated under the terms of the previous number, is submitted by the entity promoting the construction work to ANACOM, preferably by electronic means, and should identify the competent entities to issue an opinion on the matter.

3 - ANACOM is responsible for deciding the cases which justify exemption, after the prior hearing, according to the matter in question, the Gabinete Nacional de Segurança (National Security Office), the Comissão de Acesso aos Documentos Administrativos (Commission of Access to Administrative Documents) and other public entities with attributions on the matter, including the Direção-Geral de Energia e Geologia (Directorate General for Energy and Geology) in the case of infrastructures of the sectors of electricity, natural gas and transport of crude oil and petroleum products.

4 - ANACOM can standardise the cases of exemption, after public consultation and prior hearing of the entities referred to in the previous number.

5 - The provisions in article 92 of the Código do Procedimento Administrativo (Code of Administrative Procedure) are applicable to the opinions of the Gabinete Nacional de Segurança (National Security Office) and Comissão de Acesso aos Documentos Administrativos (Commission of Access to Administrative Documents), established in the previous numbers.

Article 20.-A
Disputes relative to the entitlement of suitable infrastructures

1 - The existence of a dispute over the entitlement of suitable infrastructures does not constitute grounds for refusal of a request for access or extinction or modification of access agreement, provided that:

a) The request has been addressed to the entity that sent the information established in article 17; or
b) The entity which assures the access presents itself, before the applicant of the access, as the holder or possessor of the infrastructures, exercising the respective powers of possession over them.

2 - The payment of the remuneration payable for the access to the entity which granted the respective request, made under the terms of the access agreement or decision of ANACOM issued under the terms of article 19, exonerates the beneficiary company from making any other payments to third parties, in this capacity.

3 - If, due to final judgement, the entitlement, power of possession or similar relative to the suitable infrastructures is recognised to an entity different from the one which granted the access, the latter should pay the former the amounts that it has received, under the terms of the previous number, without prejudice to other obligations to which it becomes subject, namely the obligation to pay the beneficiary of the access any values paid in excess.

4 - Within the period of 30 days counted from the final judgement referred to in the previous number, the entity entitled to the suitable infrastructure and the beneficiary company of the access shall conclude a new access agreement, with all the conditions contained in the access agreement originally concluded, including those relative to remuneration, being applicable until the conclusion of the access agreement.

5 - The conclusion of the new access agreement shall be ruled by the provisions in the present decree-law, in particular in articles 13 to 19.

Article 24.-A
Exceptions to the obligation to provide information in the SIIA

1 - Compliance with the obligation to provide the information in the SIIA, established in number 3 of article 24 can be waived in the following cases:

a) When the information refers to critical national infrastructures, qualified as such under the terms of the law;
b) When the publicising implies the disclosure of information whose access should be restricted for reasons of security and integrity of the networks and public security and health.

2 - For the purposes of the previous number, the entity holding the infrastructures, within the maximum period of 15 days taking up their possession or management, should inform ANACOM of the precise location of the infrastructures that it considers should be excluded from the obligations established in the present chapter, as well as the grounds justifying this and the competent entities on the matter that should issue an opinion on the requested exclusion.

3 - ANACOM is responsible for deciding the cases which justify exemption, after the prior hearing, according to the matter in question, the Gabinete Nacional de Segurança (National Security Office), the Comissão de Acesso aos Documentos Administrativos (Commission of Access to Administrative Documents) and other public entities with attributions on the matter.

4 - ANACOM can standardise the cases of exemption, after public consultation and prior hearing of the entities referred to in the previous number.

5 - The provisions in article 92 of the Código do Procedimento Administrativo (Code of Administrative Procedure) are applicable to the opinions of the Gabinete Nacional de Segurança (National Security Office) and Comissão de Acesso aos Documentos Administrativos (Commission of Access to Administrative Documents), established in the previous numbers.

Article 108.-B
Alternative settlement of disputes

The use of arbitration or other alternative means of settlement of disputes is permitted for disputes arising from the application of the present decree-law.»

Article 4.
Amendment of annexes I, II and III of Decree-Law no. 123/2009, of 21 May

Annexes I, II and III are added to Decree-Law no. 123/2009, of 21 May, amended by Decree-Law no. 258/2009, of 25 September, and by Laws number 47/2013, of 10 July, and 82-B/2014, of 31 December, with the wording presented in annex I of the present decree-law and of which it is an integral part.

Article 5.
Systematic amendments to Decree-Law no. 123/2009, of 21 May

Decree-Law no. 123/2009, of 21 May, amended by Decree-Law no. 258/2009, of 25 September, and by Laws number 47/2013, of 10 July, and 82-B/2014, of 31 December, is henceforth systematically amended as follows:

a) The heading of chapter II is henceforth named «Construção e ampliação de infraestruturas aptas» (Construction or expansion of suitable infrastructures);
b) The heading of article 10 is henceforth named «Custos associados à construção ou ampliação de infraestruturas aptas» (Costs associated to the construction or expansion of suitable infrastructures);
c) The heading of article 18 is henceforth named «Procedimentos e condições aplicáveis ao acesso e utilização das infraestruturas aptas» (Procedures and conditions applicable to the access and use of suitable infrastructures);
d) The heading of chapter IV is henceforth named «Sistema de Informação de Infraestruturas Aptas» (Information System of Suitable Infrastructures);
e) The heading of article 27 is henceforth named «Infraestruturas de telecomunicações em loteamentos, urbanizações e conjuntos de edifícios» (Telecommunications infrastructures in housing developments, urban settlements and groups of buildings);

Article 6.
Centralised Information System

1 - The name of the Centralised Information System is altered to Information System of Suitable Infrastructures.

2 - The provisions in the present decree-law do not hinder the application of article 85 of Law no. 42/2016, of 28 December, complying with the provisions in article 70 of Decree-Law no. 25/2007, of 3 March.

Article 7.
Transitory provision

1 - The prior communication regime established in article 7 of Decree-Law no. 123/2009, of 21 May, as worded by the present decree-law, is applicable only to procedures initiated after the entry into force of the present decree-law.

2 - ANACOM shall approve, within the maximum period of 150 days counted from the date of entry into force of the present decree-law, the regulation referred to in number 4 of article 19 of decree-Law no. 123/2009, of 21 May, as worded by the present decree-law.

3 - By the publication of the regulation referred to in the previous number, the entities referred to in article 2 of Decree-Law no. 123/2009, of 21 May, as amended by Decree-Law no. 258/2009, of 25 September, should, in establishing the remuneration payable for the access and use of the infrastructures that it holds, observe the provisions in number 1 of article 19.

4 - The obligations relative to the inclusion of information in the SIIA established in Decree-Law no. 123/2009, of 21 May, as worded by the present decree-law, should be complied with within the maximum period of 60 days counted from the date of entry into force of the present decree-law or, in cases of highly extensive or complex information, confirmed by evidence to ANACOM, within an additional period of up to 60 days.

5 - Entities which come into possession of suitable infrastructures during 60 days following the entry into force of the present decree-law can choose to benefit from the rule established in the previous number, in compliance with the obligations established in number 4 of article 25 of Decree-Law no. 123/2009, of 21 May.

6 - Within the maximum period of 30 days the entry into force of the present decree-law, the entities referred to in article 2 of Decree-Law no. 123/2009, of 21 May, should:

a) Inform ANACOM of the electronic communications companies whose networks, on the publication date of the present decree-law, are installed in the infrastructures whose management is incumbent upon them, under the terms established in subparagraph f) of article 17 of Decree-Law no. 123/2009, of 21 May, as worded by the present decree-law;
b) Promote the conformation of the offers of access to suitable infrastructures which they possess or whose management is incumbent upon them, with the provisions in Decree-Law no. 123/2009, of 21 May, as worded by the present decree-law.

7 - Within the maximum period of 30 days the entry into force of the present decree-law, the electronic communications companies should communicate to ANACOM the information established in number 2 of article 23 of Decree-Law no. 123/2009, of 21 May, as worded by the present decree-law.

8 - Non-compliance with the obligations established in numbers 4, 6 and 7 of the present article constitutes a punishable administrative offence, respectively, under the terms of subparagraphs d), g) and m) of number 1 of article 89 of Decree-Law no. 123/2009, of 21 May, as worded by the present decree-law.

Article 8.
Revocation provision

The following are revoked:

a) Article 26 of Law no. 5/2004, of 10 February, amended by Decree-Law no. 176/2007, of 8 May, by Law no. 35/2008, of 28 July, by Decree-Laws number 123/2009, of 21 May, and 258/2009, of 25 September, by Laws number 46/2011, of 24 June, 51/2011, of 13 September, 10/2013, of 28 January, and 42/2013, of 3 July, by Decree-Law no. 35/2014, of 7 March, and by Laws number 82-B/2014, of 31 December, 127/2015, of 3 September, and 15/2016, of 17 June;
b) Number 3 of article 1, subparagraph u) of number 1 of article 3, numbers 5, 6 and 7 of article 7, subparagraph a) of article 17, number 4 of article 31, articles 95, 96, 97, 98, 99 and 104 and number 2 of article 109 of Decree-Law no. 123/2009, of 21 May, amended by Decree-Law no. 258/2009, of 25 September, and by Laws number 47/2013, of 10 July, and 82-B/2014, of 31 December;
c) Number 3 of article 2 of Decree-Law no. 258/2009, of 25 September.

Article 9.
Republication

1 - Decree-Law no. 123/2009 of 21 May, is republished with its current wording as an annex to the present decree-law, of which it is an integral part.

2 - For purposes of republication, «SIC», «ICP - Autoridade Nacional de Comunicações» or «ICP-ANACOM» should be interpreted, respectively, as «SIIA», «Autoridade Nacional de Comunicações» or «ANACOM».

Article 10.
Effective start date

The present decree-law shall enter into force on the first day of the month following its publication.

Seen and approved under the Council of Ministers of 11 May 2017. - António Luís Santos da Costa - Maria Teresa Gonçalves Ribeiro - Mário José Gomes de Freitas Centeno - José Alberto de Azeredo Ferreira Lopes - Eduardo Arménio do Nascimento Cabrita - Tiago Brandão Rodrigues - José António Fonseca Vieira da Silva - Pedro Manuel Dias de Jesus Marques - Manuel de Herédia Caldeira Cabral.

Enacted on 11 July 2017.

To be published.
The President of the Republic, MARCELO REBELO DE SOUSA.
Countersigned on 18 July 2017.
The Prime Minister, António Luís Santos da Costa.

ANNEX I

(referred to in article 4)

ANNEX I
Costs related to ITED and ITUR inspection actions

Costs related to inspection action measures (by action) - 527.00 euros.

ANNEX II
Template of the statement and certification foreseen in number 7 of article 20

Template of the statement foreseen in numbers 5 and 7 of article 20

Statement - Template of the statement foreseen in numbers 5 and 7 of article 20.

Template of the certification foreseen in numbers 6 and 7 of article 20

Template of the certification foreseen in numbers 6 and 7 of article 20.

ANNEX III

Template of the label foreseen in number 3 of article 57

ITED - Template of the label foreseen in number 3 of article 57.

The ITED label should be placed on the outer side of the individual telecommunications cabinet (ATI) in the case of buildings with one dwelling or on the outer door of the building telecommunications cabinet (ATE) in the case of buildings with two or more dwellings.

In order to enable greater exposure, the additional posting of ITED labels can be considered, on locations where the installer deems appropriate.

The characteristics of the label should be as follows:

1 - Colours

Whenever possible, the ITED label should be printed in Pantone.
Background: white.
Rule: black.
«Cumpre o» (Compliant): grey.
Pantone: 430C.
Four-colour printing (CMYK): 5% cyan and 45% black.
RGB: R=128; G=136; B=137.
«ITED» and «Infraestruturas de Telecomunicações em Edifícios» (Telecommunication Infrastructures in Buildings): black.
Pantone: 100% black.
Four-colour printing (CMYK): 100% black.
RGB: R=0; G=0; B=0.
Symbols of the logo: yellow (the two first and the two last columns) and grey (the two central columns).
Pantone: yellow (123C); grey (430C).
Four-colour printing (CMYK): yellow (20% magenta and 100% yellow); grey (5% cyan and 45% black).
RGB: yellow (R=255; G=204; B=51); grey (R=128; G=136; B=137).
«Apto para banda larga» (Suitable for broadband): yellow background and black text.
Pantone: yellow background (123C); black text (100% black).
Four-colour printing (CMYK): yellow (20% magenta and 100% yellow); black text (100% black).
RGB: yellow background (R=255; G=204; B=51); black text (R=0; G=0; B=0).

2 - Type of letter

Cumpre o Ited (Ited Compliant) in the key.
Suitable for broadband has the ITC Symbol font in «bold italic» and «bold».

ITED - Type of letter.

3 - Grid

Annex III - ITED - Grid.

4 - Size of the label

4.1 - Minimum size of the label
85 mm × 50 mm

4.2 - Maximum size of the label
125 mm × 73 mm
The ITED label can be larger than the maximum indicated in the present annex in cases justified by the size of the ATI (individual telecommunications cabinet) and the ATE (building telecommunications cabinet) in order to permit greater exposure.

ANNEX II
(referred to in article 9)

Republication of Decree-Law no. 123/2009, of 21 May

CHAPTER I
Object, principles and definitions

Article 1.
Object

1 - The present decree-law establishes the regime applicable to the construction and access to infrastructures suitable for the accommodation of electronic communications networks, to the installation of electronic communications networks and to the construction of telecommunications infrastructures in housing developments, urban settlements, groups of buildings and individual buildings.

2 - The provisions in the present decree-law do not impair the regime applicable to the electronic communications networks and services established in Law no. 5/2004, of 10 February, which prevails in the event of conflict with the rules of the present decree-law.

3 - (Revoked.)

4 - The regime set forth in the present decree-law is not applicable to the private networks of sovereign public bodies, of the Government member responsible for the area of national defence, or under the this member’s responsibility, to the networks of the security forces and services, to emergency and civil protection networks, without prejudice to the possibility of these entities, should they so wish, being able to provide access to the infrastructures suitable for the accommodation of electronic communications networks that they hold, in which case they should follow the regime established in the present decree-law.

Article 2.
Scope of application

The provisions of chapters II, III and IV are applicable:

a) To the State, to the Autonomous Regions and local authorities;
b) To all entities subject to the tutelage or superintendence of bodies of the State, Autonomous Regions or local authorities, which perform administrative duties, whether of business status or not, as well as public companies and concessionaires, namely those that act in the area of road, railway, port, airport, water supply, sanitation, and transportation and distribution of gas and electricity infrastructures;
c) To other entities that hold or operate infrastructures that are part of the public domain of the State, Autonomous Regions and local authorities;
d) To electronic communications companies and entities that hold or operate suitable infrastructures used for the first time in the exercise of their activity;
e) To entities that provide services of production, transport or distribution of gas, electricity, including public lighting, heating, water and the elimination or treatment of wastewater and sewerage, and drainage systems, and that hold or operate infrastructures suitable for the accommodation of electronic communications networks and that are not covered by the previous subparagraphs;
f) To entities that provide transport services, including railways, roads, ports and airports, and that hold or operate infrastructures suitable for the accommodation of electronic communications networks and that are not covered by the previous subparagraphs.

Article 3.
Definitions

1 - For the purposes of this regulation, the following definitions are adopted:

a) «Acesso» (Access) the provision of physical infrastructures, including buildings, ducts, posts, boxes, manholes, cabinets and installations for accommodation, installation and removal of transmission systems, equipment or resources of electronic communications networks, as well as for the implementation of corrective actions and clearance of obstructions;
b) «Armário de telecomunicações de edifício (ATE)» (Building telecommunications cabinet (ATE)) the device of restricted access where the general distribution frames (GDF) are housed, which allow the interconnection between the building networks and the corporate networks of electronic communications, or those from the telecommunications infrastructure in housing developments, urban settlements and groups of buildings (ITUR);
c) «Conjunto de edifícios» (Group of buildings) the group of functionally adjacent buildings interconnected by the existence of common parts allocated to the use of all or some units comprising them, regardless or not of being constituted in a horizontal property regime;
d) «Conduta» (Duct) the pipe or set of pipes, generally underground, or arranged along communication routes, that support, enclose and protect other pipes (sub-ducts) or cables of electronic communications;
e) «Direito de passagem» (Right of way) the entitlement to access and use assets of public domain for construction, installation, alteration and repair of infrastructures suitable for the accommodate electronic communications networks or for the repair of cables, systems, equipment or any other resources or elements of electronic communications networks;
f) «Empresa de comunicações eletrónicas» (Electronic communications company) the entity that, under the terms of the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February, offers electronic communications networks or services accessible to the public;
g) «Fogo» (Dwelling) the portion of a building that forms an independent unit, whether or not the building is constituted under a horizontal property regime.
h) «Infraestruturas aptas ao alojamento de redes de comunicações eletrónicas» (Infrastructures suitable for the accommodation of electronic communication networks) or «infraestruturas aptas» (suitable infrastructures) the physical infrastructure that constitutes an element of a network that is intended to accommodate other elements of the network, without becoming, in itself, an active element of the network, such as pipes, posts, masts, ducts, manholes, inspection chambers, cabinets, buildings or entrances to buildings, antenna plants, towers, respective accessories and any associated infrastructures that may be capable of being used for the accommodation or maintenance of electronic communications cables, equipment or any resources of communications network, as well as bypass devices, connections or other equipment required for the transmission of electronic communications in those networks;
i) «Instalador» (Installer) the natural or legal person qualified to proceed with the installation and alteration of telecommunications infrastructures, pursuant to the projects, as well as to carry out works of conservation on them in housing developments, urban settlements, buildings and groups of buildings, under the terms of the present decree-law;
j) «Instrução técnica» (Technical instruction) the set of rules and procedures established in chapters II and III of the present decree-law relative to the preparation of projects and installation of infrastructures suitable for to the accommodation of electronic communications networks or the installation of networks in existing infrastructures, established by the entity responsible for their administration and management;
l) «Manual ITED» (ITED Manual) the set of project, installation and testing technical prescriptions, as well as the technical specifications of materials, devices and equipment, which constitute the telecommunication infrastructures in buildings (ITED), as well as the procedures to be approved by ANACOM;
m) «ITUR Manual» (ITUR Manual) the set of project, installation and testing technical prescriptions, as well as the technical specifications of materials, devices and equipment, which constitute the ITUR, as well as the procedures to be approved by ANACOM;
n) «Obras» (Works) the construction, reconstruction, expansion, alteration, repair, conservation, restoration, adaptation and improvement of real estate properties as well as of the infrastructures covered by the present decree-law;
o) «Obras de escassa relevância urbanística» (Works of minor urban relevance) the works established as such in the legal system for urbanisation and building, approved by Decree-Law no. 555/99, of 16 December, as well as the construction, by electronic communications companies, of suitable infrastructures of an extension of less than 10 linear metres;
p) «Ponto de acesso» (Access point) a physical point, situated inside or outside the building, accessible to the entities that supply or are authorised to supply public communications networks, through which a connection to the physical infrastructure in the building is provided, as identified in the ITED Manual;
q) «Projetista» (Designer) the natural or legal person qualified to proceed with the preparation of projects for installation and alteration of telecommunications infrastructures in housing developments, urban settlements, buildings and groups of buildings, under the terms of the present decree-law;
r) «Projeto técnico simplificado» (Simplified technical project) the technical project, in the context of the ITUR or ITED, relative only to the technology that is intended to be installed;
s) «Rede de comunicações eletrónicas» (Electronic communications network) the transmission systems and, where applicable, switching or routeing equipment and other resources, including network elements that are not active, which permit the sending of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit and packet-switched, including Internet) and mobile terrestrial networks, electricity cable systems (to the extent that they are used for the purpose of transmitting signals), networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed;
t) «Rede de tubagens ou tubagem» (Network of pipes or piping) the set of pipes, guide rails, cable routes, boxes and cabinets intended for the running of cables and the housing of devices and equipment;
u) (Revoked.)
v) «Rede pública de comunicações eletrónicas» (Public network of electronic communications) the electronic communications network used totally or partially to supply electronic communications services accessible to the public;
x) «Remuneração do acesso» (Remuneration of the access) the value payable by the companies of electronic communications accessible to the public for the use of the suitable infrastructures, for purposes of installation, accommodation, repair, preventive maintenance and removal of cables;
z) «Sistemas de cablagem do tipo A» (Type A cabling systems) cabling systems, including antennas, for reception and distribution of sound and television signals via terrestrial hertzian means;
aa) «Sistema de informação de infraestruturas aptas (SIIA)» (Information system of suitable infrastructures (SIIA)) the system which assures the provision of information relative to the infrastructures suited for the accommodation of electronic communication networks, under the terms of article 24.

2 - For the purpose of subparagraph h) of the previous number, the following is defined:

a) The associated infrastructures include access branches to buildings and all other infrastructures which are indispensable to the installation, removal, maintenance or repair of electronic communications cables in ducts and sub-ducts;
b) Cables, including dark fibre, and the network elements effectively used for the supply of water for human consumption do not constitute suitable infrastructures.

Article 4.
General principles

1 - The regime established in the present decree-law obeys the principles of competition, open access, equality and non-discrimination, efficiency, transparency, technological neutrality and the absence of cross-subsidisation between sectors.

2 - ANACOM should, under the application of the present decree-law, and on matters of common interest, request the cooperation, whenever necessary, of the competent authorities and services, namely the sectoral regulatory entities.

3 - On matters of the electricity, natural gas, crude oil and petroleum product sectors, statements issued by the Entidade Reguladora dos Serviços Energéticos (Regulatory Entity for Energy Services) and the Direção-Geral de Energia e Geologia (Directorate General for Energy and Geology) are binding.

CHAPTER II
Construction and expansion of suitable infrastructures

Article 5.
Expropriations, easements and rights of way of electronic communications companies

1 - Electronic communications companies are assured, under the present decree-law, the rights established in subparagraphs a) and b) of number 1 of article 24 of the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February.

2 - The provisions in numbers 5 and 6 of article 24 of the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February, are applicable to the attribution of the rights referred to in the previous number, under the terms of this law.

3 - The attribution of rights of way, referred to in number 1, is carried out through licensing, under the terms of the following article and the legal system applicable to assets of public domain.

Article 6.
Procedure for the attribution of rights of way under public domain
to electronic communications companies

1 - The entities referred to in article 2 are responsible for establishing regulations containing the procedures for the attribution of rights of way under public domain, established in the previous article, if applicable, including the technical instructions referred to in article 11, which should comply with the principles established in numbers 3 and 4 of article 24 of the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February.

2 - The procedures for the attribution of rights of way in assets of public domain under management by the entities referred to in article 2, to be established under the terms of numbers 3 and 4 of article 24 of the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February, should preferably be conducted by electronic means and should contain:

a) The elements that should instruct the application for the construction and installation of infrastructures, as well as the entity to which it should addressed;
b) The provisions relative to the reservation of space in ducts and other infrastructures for administration and use by the entity administering the demesnial asset or by the entity appointed by the former, when applicable;
c) The obligations related to repair of infrastructures that are damaged as a consequence of the intervention for installation and/or repair of pipes, cables, inspection chambers, posts, equipment and other resources;
d) The bonds or other assurance of restoration of the site where the installation of infrastructures was promoted to its normal conditions of use;
e) The procedures to clear obstructions of infrastructures;
The rules relative to the prior announcement intended to attract the involvement in the intervention of other electronic communications companies which, in the same area, intend to install infrastructures to support systems and equipment of their own networks.

3 - The entities responsible for the establishment of the procedures for attribution of rights of way should assure their availability in the SIIA referred to in chapter IV.

4 - The procedures for attribution of rights of way to be established by the concessionaire entities established in subparagraph b) of article 2, relative to assets of public domain that are under their management require the prior approval of the granting entity, which should be issued within the maximum period of 20 days counted from its receipt.

5 - If the period referred to in the previous number elapses without any decision, it is considered that the respective procedures are approved.

6 - The procedure of attribution of rights of way relative to assets integrated in the municipal public is instructed in conformity with the present article, where more than 30 days cannot elapse between the date of submission of the request and its decision. If this time limit should elapse without the municipal council having issued its decision, this will correspond to the attribution of the right of way.

Article 7.
Construction of suitable infrastructures by electronic communications companies

a) The installation and operation of infrastructures subject to municipal authorisation under the terms of Decree-Law no. 11/2003, of 18 January;
b) Works required to prevent situations that place in question public health and safety, as well as works for the repair of breakdowns or resolution of clearance of obstructions.

2 - In the cases referred to in subparagraph b) of the previous number, the company should, on the following business day, inform the municipality of the undertaking of the works, by means of the available methods of communication that prove most suitable.

3 - The factual elements of the prior communication are established in accordance with the provisions in number 4 of article 35 of the legal system for urbanisation and building, approved by Decree-Law no. 555/99, of 16 December, and must peremptorily include:

a) Confirming evidence of the prior announcement of the undertaking of construction works, provided within the time limit and under the terms established in article 9;
b) Statement of consultation of SIIA, showing the absence of information in SIIA relative to suitable Infrastructures integrated in the public domain that enable meeting the needs of the interested electronic communications company, or confirming evidence of refusal of access based on one of the situations foreseen in number 2 of article 14 and in article 15;
c) Confirming evidence of the granting of the request to attribute right of way or of being within the time limit, established in numbers 4 and 6 of the previous article, if applicable to the case in question.

Article 8.
Obligations of electronic communications companies to municipalities

When executing work in municipal public domain, the electronic communications companies are obliged:

a) To restore pavements, green zones and areas of collective use, when applicable;
b) To repair any infrastructures that are damaged as a consequence of the intervention.

Article 9.
Publicising of the undertaking of infrastructure construction or expansion works

1 - Apart from the situations established in chapter V, whenever plans are laid for the undertaking of works that enable the construction or expansion of suitable infrastructures for the accommodation of electronic communications networks, the entities referred to in article 2 should publicise this intention, in order to permit the electronic communications companies to be associated to the projected work.

2 - Electronic communications companies can be associated to the projected works with a view, namely, to the construction and expansion, in an isolated or joint manner, of infrastructures suitable for the accommodation of electronic communications networks.

3 - The announcement of the undertaking of works foreseen in number 1 should be provided on the SIIA, by the respective promoter entity, at least 20 days in advance of the starting date of their implementation, pursuant to that established in subparagraph b) of number 1 of article 25.

4 - For purposes of the provisions in the present article, the entities should provide in the SIIA the characteristics of the intervention to be carried out, indicating, in particular, the site, type of work and network elements in question, the foreseen time limit for the start of the works and their duration, the costs and other conditions to be observed, as well as the time limit for participation in the work to be carried out, contact point to obtain clarifications and any preclusive provisions of future interventions in the area concerning the notification.

5 - The time limit for participation in the work to be carried out mentioned in the previous number cannot be less than 15 days counted from the date of the publication of the announcement in the SIIA.

6 - Electronic communications companies that wish to be associated to the intervention should, within the time limit referred to in the previous number, request the entity promoting the intervention for their association to the work to be carried out, specifying the zone foreseen for the implantation of the elements of the electronic communications network.

7 - Without prejudice to the provisions in the previous numbers, the entity promoting the intervention can, during the intervention, permit the participation of other entities in the work, in a non-discriminatory manner.

8 - The publicising of the construction works or participation in these works does not exonerate the respective promoter entities from the access obligations established in chapter III.

Article 9.-A
Exception to the obligations of publicising and association

1- The compliance with the obligations of publicising and association of carrying out construction works established in the previous article can be waived in the following cases:

a) Critical national infrastructures, qualified as such under the terms of the law;
b) When the publicising implies the disclosure of information whose access should be restricted for reasons of security and integrity of the networks and public safety and health.

Article 10.
Costs associated to the construction or expansion of suitable infrastructures

1 - To electronic communications companies should pay for their share of the investment cost of the work, corresponding to the differential to the investment cost that their association will originate.

2 - The provisions in the previous number do not hinder the right of access to the infrastructure, under the terms of the present decree-law, where the remuneration of this access should take into account the amount already incurred by the communications company with the investment made in the work.

Article 11.
Technical instructions applicable to the construction or expansion of suitable infrastructures

1 - The entities referred to in article 2 are responsible, when they consider this justified, to establish and maintain updated technical instructions applicable to the construction or expansion of suitable infrastructures, which should be publicised on the SIIA within the maximum period of five days counted from the date of their approval.

2 - The technical instructions should take into consideration the particularities of the infrastructures for which they are intended and promote more appropriate technical, safety and security solutions for purposes of installation, repair, maintenance, removal and interconnection of the infrastructures, assuring compliance with the principles established in article 4.

3 - The electronic communications companies are only bound to compliance with technical instructions published in the SIIA on the date of submission of the request for attribution of rights of way referred to in article 6 or the prior communication established in article 7.

4 - Whenever considered justified, ANACOM can issue guidelines applicable to the definition of the technical instructions established in the previous number.

5 - The guidelines referred to in the previous number require the prior hearing of the public entities with attributions on the matter in question, namely the Direção-Geral de Energia e Geologia (Directorate General for Energy and Geology) in the case of infrastructures of the sectors of electricity, natural gas and transport of crude oil and petroleum products.

Article 12.
Rates for use and benefit of public and private domain

1 - For the use and benefit of the assets of municipal public and private domain, which are reflected in the construction or installation of suitable infrastructures, by companies that offer electronic communications networks and services accessible to the public, the municipal rate on rights of way is payable, under the terms of article 106 of the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February. The charging of any other rates, charges or remunerations is not permitted for the aforesaid use and benefit, without prejudice to the provisions in article 13.

2 - Local authorities, in observance of the principle of equality a non-discrimination, can choose not to charge the rate referred to in the previous number, with a view to boosting the development of electronic communications networks, in which case, they cannot apply or charge any other rates, charges or remunerations in its replacement or as a supplement.

3 - The provisions in number 5 of article 106 of the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February, are applicable to the use of the public and private domain of the State and Autonomous Regions.

CHAPTER III
Access to infrastructure suitable for the accommodation of electronic communications networks

Article 13.
Right of access to suitable infrastructures

1 - The entities referred to in article 2 are obliged to assure that the electronic communications companies have access to the infrastructures suitable for the accommodation of electronic communications networks which they hold or whose management is incumbent upon them.

2 - The access referred to in the previous number should be assured under fair and reasonable terms of equality, transparency and non-discrimination, through remuneration conditions driven by costs, pursuant to article 19.

3 - The procedures to obtain access rights should be swift, transparent and appropriately publicised, where it should be assured that any request for access is appraised and answered within the maximum period of 20 days after the effective receipt of the request for access by the competent entity, under the terms of number 2 of article 20.

4 - For the use of suitable infrastructures that belong to the public or private domain of the local authorities, the remuneration referred to in article 19 is payable.

5 - (Revoked.)

Article 14.
Prohibition of exclusive use of suitable infrastructures

1 - Shall be prohibited and null contractual clauses that foresee the exclusive occupation of suitable infrastructures by an electronic communications company, or by any of the entities referred to in article 2, or by both together.

2 - The provisions in the previous number do not prevent the entities referred to in article 2 from being able to establish reservation of space for own use in suitable infrastructures, constructed presently and in the future, provided that this reservation is duly substantiated.

Article 15.
Refusal of access to suitable infrastructures

The entities referred to in article 2 can only refuse access to suitable infrastructures that they hold or are under their management, in a duly substantiated manner, in the following situations:

a) When the accommodation of electronic communications networks in the infrastructures in question is not feasible temporarily for technical reasons, or there is risk of the foreseen electronic communications services interfering in a severe form in the offer of other services through the same infrastructures;
b) When the use of the infrastructures by the electronic communications companies preclude the principal purpose for which they were installed, place in question public health and the safety of people or assets, or cause serious risk of non-compliance, by the entities referred to in article 2, of legal, regulatory or technical rules on matters of public service obligations to which the respective provision of services is subject;
c) When there is insufficient space available as a consequence of its state of occupation or the need to assure space for own use, under the terms of number 2 of the previous article, or for maintenance and repair interventions;
d) When compromise the integrity and security of the networks, in particular of critical national infrastructures.

Article 16.
Procedures in the case of refusal of access to suitable infrastructures

1 - When, in a specific case, an entity reference to article 2 has refused access to infrastructure, any of the parties involved can request the intervention of ANACOM to issue a binding decision on the matter and, if necessary, establish the conditions of access and use, including the remuneration that should be applied under the terms of article 19.

2 - The intervention application referred to in the previous number should identify the infrastructures to be verified, their layout and main utilisation, as well as any other elements considered relevant for the assessment of the possible use of the infrastructures in question for the accommodation of electronic communications networks.

3 - ANACOM is responsible for deciding on the possibility of electronic communications networks being accommodated in the infrastructures in question. To this end, ANACOM should hear the entity holding or managing the infrastructures, the respective sectoral regulatory entity, when applicable, as well as the Direção-Geral de Energia e Geologia (Directorate General for Energy and Geology) in cases relative to infrastructures of the sectors of electricity, natural gas and transport of crude oil and petroleum product, or other public entity with attributions on the matter and that is indicated by the entity holding or managing the infrastructures, as well as the applicant, whenever the request is submitted by third parties.

4 - For the purposes of the provisions in the previous number, the consulted entities should issue their opinion within the maximum period of 15 days, where failure to issue an opinion within this period corresponds to the issue of a favourable opinion.

5 - When ANACOM's decision is totally or partially contrary to the opinions of the consulted public entities, issued under the terms of the previous number, it should be duly substantiated, specifically justifying the reasons for its non-acceptance of the conclusions presented in those opinions.

6 - In the settlement of the disputes referred to in the present article, ANACOM should assure respect for the adversarial principle and take proportionality into account, towards the prohibition of excess, and the principles established in article 4 of the present decree-law, and should follow the procedural rules established in article 10 of the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February, with the following adaptations:

a) Apart from under exceptional circumstances, ANACOM’s decision should be issued within the maximum period of 120 days counted from the date of receipt of the full request for intervention, provided that the applicant provides ANACOM with all the elements and information required for the conformation of the facts and matter under dispute;
b) When the dispute is related to access to suitable infrastructures held by electronic communications companies, ANACOM should take into consideration the regulation objectives established in article 5 of the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February.

7 - At a stage prior to the refusal of access, the entities referred to in article 2, in a specific situation, can request the intervention of ANACOM when they have doubts as to the applicability of any of the grounds for refusal established in article 15.

8 - The request for ANACOM’s intervention should be made within the maximum period of one year, counted from the starting date of the dispute, after which ANACOM may refuse to intervene.

Article 17.
General obligations of the entities holding suitable infrastructures

The entities referred to in article 2 that hold the possession or management of suitable infrastructures are subject to the following obligations, under the terms of the present decree-law:

a) (Revoked.)
b) Prepare records with georeferenced information on the suitable infrastructures, under the terms established in chapter IV;
c) Produce and publicise the procedures and conditions of access of these infrastructures, under terms established in articles 18, 19 and 21;
d) Respond to the requests for access to the respective infrastructures under the terms of article 20.
e) Respond to requests for information on the respective infrastructures, under the terms of number 4 of article 24;
f) Inform ANACOM on the electronic communications companies whose networks are installed in suitable infrastructures that they hold or whose management is incumbent upon them, within the time limit foreseen in number 2 of article 23.

Article 18.
Procedures and conditions applicable to the access and use of suitable infrastructures

1 - The entities subject to the duty of access should prepare and provide in the SIIA rules relative to the procedures and conditions for access and use of the infrastructures, which should contain at least the following elements:

a) The entity to which the requests should be addressed for access and use for installation, maintenance and repair of electronic communications networks to be accommodated in these infrastructures, as well as the bodies or contact points which should be addressed for this purpose;
b) The elements that should instruct the application;
c) The time limits of the rights of access and use, the procedures and conditions of renewal of these rights;
d) The applicable standard contractual conditions, the forms and the description of elements and information that should feature in the process;
e) The remunerative conditions applicable to the access and use of the infrastructures;
f) The technical instructions established for use of the infrastructure;
g) The penalties for non-compliance or improper use of the infrastructures;
h) Other requirements which constrain the attribution of user rights.

2 - The procedures and conditions applicable to access and use, to be established by the concessionaire entities stipulated in subparagraph b) of article 2, require the prior approval of the granting entity, which should be issued within the maximum period of 20 days counted from its receipt.

3 - If the period referred to in the previous number elapses without any decision, it is considered that the respective procedures and conditions are approved.

Article 19.
Remuneration of the access to suitable infrastructures

a) Costs derived from the construction, maintenance, repair and improvement of the infrastructures in question;
b) Administrative costs incurred with the treatment of the requests, namely the requests for installation, repair or removal of cables or other elements of electronic communications networks;
c) Costs related to follow-up of interventions.

2 - (Revoked.)

3 - In the case of infrastructures held or managed by local governments, the definition of the methodology to be used for the establishment of the value of the remuneration in exchange for the access to and use of the suitable infrastructures and the respective remuneration is the competence of the corresponding bodies, under the terms established in the legal system for local governments, approved by Law no. 75/2013, of 12 September, and the general system for rates of local governments, approved by Law no. 53-E/2006, of 29 December.

4 - For infrastructures held or managed by all the other entities referred to in article 2, ANACOM approves, for the purposes of the provisions in number 1, by regulation, the methodology to be used for the establishment of the value of the remuneration payable by electronic communications companies in exchange for access to and use of the suitable infrastructures, after prior hearing of the competent regulatory entities, namely the Entidade Reguladora do Setor Elétrico (Regulatory Entity of the Electricity Sector) for the sectors of electricity, natural gas and transport of crude oil and petroleum products.

5 - The methodology established in the previous number should enable calculating the value of the remuneration of the investment made with the construction of the infrastructures, as well as the value of the remuneration that is payable in exchange for the management and maintenance of the infrastructures to be carried out by the entity responsible for their operation.

6 - Whenever, at the request of the electronic communications companies or any of the entities referred to in article 2, it is necessary to investigate the adequacy of the requested remuneration with the established methodology, the management entity of the infrastructure should provide ANACOM, within the maximum period of 30 days, with the elements demonstrating the adequacy of the remuneration, as well as all the elements that are requested by this entity for this appraisal.

7 - In the case of a dispute over the applicable specific conditions, including the price and respective terms of payment, the parties can appeal to ANACOM, once 30 days have elapsed after the date of receipt of the request for access, with the application, without prejudice to the provisions in the following subparagraphs, of the regime for the settlement of disputes established in the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February, with the following adaptations:

a) Apart from under exceptional circumstances, ANACOM’s decision should be issued within the maximum period of 60 days counted from the date of receipt of the request for intervention, provided that the applicant provides ANACOM with all the elements and information required for the conformation of the facts and matter under dispute;
b) ANACOM should decide pursuant to the provisions in the present decree-law and, in the absence of other criteria, shall consider the conditions usually stipulated in all other offers of access to infrastructures or the conditions established in offers regulated by ANACOM.

8 - In the procedures set forth in numbers 6 and 7, whenever the access to infrastructures held by an entity subject to regulation is involved, ANACOM should consult the respective sectoral regulatory entity, which should issue its opinion within the non-extendible maximum period of 15 days, where failure to issue an opinion within this period corresponds to the issue of a favourable opinion.

9 - When ANACOM's decision is totally or partially contrary to the opinion sectoral regulatory entity issued under the terms of the previous number, it should be duly substantiated, specifically justifying the reasons for its non-acceptance of the conclusions presented in this opinion.

Article 20.
Requests for access to suitable infrastructures

Article 20.-A
Disputes relative to the entitlement of suitable infrastructures

1 - The existence of a dispute over the entitlement of suitable infrastructures does not constitute grounds for refusal of a request for access, or extinction or modification of access agreement, provided that:

a) The request has been addressed to the entity that sent the information established in article 17; or
b) The entity which assures the access presents itself, before the applicant of the access, as the holder or possessor of the infrastructures, exercising the respective powers of possession over them.

Article 21.
Technical instructions for installation in suitable infrastructures

1 - The entities referred to in article 2 can prepare and publicise technical instructions applicable to the installation of equipment and systems of electronic communications networks in the infrastructures which they hold or whose management is incumbent upon them.

2 - The preparation of technical instructions should take into consideration the particularities of the infrastructures for which they are intended and promote more appropriate technical, safety and security solutions for purposes of installation, repair, maintenance, removal and interconnection of equipment and systems of electronic communication networks.

3 - ANACOM, after prior hearing of the competent entities on the matter, namely the Direção-Geral de Energia e Geologia (Directorate General for Energy and Geology) in the case of the electricity, natural gas, crude oil and petroleum product sectors, can, whenever considered justified, issue guidelines applicable to the definition of the technical instructions established in the present article.

Article 22.
Use of suitable infrastructures

1 - To electronic communications companies should use the infrastructures allocated to the accommodation of systems, equipment and all other resources of the electronic communications networks that they operate in an effective and efficient manner.

2 - Without prejudice to the established contractual conditions, electronic communications companies are permitted to replace systems, equipment and all other resources accommodated in the infrastructures referred to in the previous number by others that are more technologically advanced and more efficient provided that this replacement is not reflected in an increase of the occupied capacity.

3 - To electronic communications companies are obliged, paying the respective costs, to remove cables, equipment or any elements of their networks that are not effectively being used and whose use is not foreseen in the period of one following year, whenever the infrastructures in question are necessary to meet the needs of the entity that holds or manages these infrastructures or to accommodate network elements of electronic communications companies which have shown interest in such.

4 - When to electronic communications companies do not remove the network elements under the terms established in the previous number, the infrastructure management entity or, with its agreement, the interested electronic communications company can, within the period of 30 days counted from the date of the request for vacancy, remove the aforesaid elements, paying the costs of this intervention, without prejudice to the accountability of the company obliged to carry this out.

5 - Without prejudice to the right to appeal to the courts, ANACOM, after prior hearing of the competent entities on the matter, namely the Direção-Geral de Energia e Geologia (Directorate General for Energy and Geology) whenever applicable, can, by binding decision, resolve the disputes derived from the application of the rules established in the present article that are submitted to it by electronic communications companies or by the entities holding the infrastructures that are used.

6 - The settlement of disputes referred to in the previous number is subject to numbers 6 and 8 of article 16, without prejudice to the provisions in the following numbers, where ANACOM should, apart from under exceptional circumstances, issue a decision within a maximum period of 60 days counted from the date of receipt of the full request for intervention.

7 - Whenever the access to infrastructures held by an entity subject to regulation is involved, the decision referred to in number 5 should be preceded by an opinion of the respective sectoral regulatory entity, which should issue its opinion within the non-extendible maximum period of 15 days, where failure to issue an opinion within this period corresponds to the issue of a favourable opinion.

8 - When ANACOM's decision is totally or partially contrary to the opinion sectoral regulatory entity issued under the terms of the previous number, it should be duly substantiated, specifically justifying the reasons for its non-acceptance of the conclusions presented in this opinion.

Article 23.
Sharing of sites and resources by electronic communications companies

1 - The electronic communications companies should promote agreements, among one another, aimed at sharing sites and resources which are or will be installed, under the terms of article 25 of the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February.

2 - The agreements concluded between electronic communications companies aimed at sharing ducts, posts, inspection chambers, sites and resources, which are or will be installed, should be communicated to ANACOM within the period of 10 days after their conclusion.

3 - When, as a consequence of the state of occupation of infrastructures that have already been constructed, they cannot accommodate other network equipment or resources and, for reasons related to the protection of the environment, public health or safety, cultural heritage, land planning and defence of urban and rural landscapes, there are no feasible alternatives to the installation of new infrastructures, ANACOM may determine the sharing of resources if this is technically feasible and does not hinder the good functioning of the existing resources, under the terms of number 2 of article 25 of the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February.

4 - The intended receivers of the decisions of ANACOM referred to in the previous number can be any of the entities referred to in article 2.

5 - The determinations issued under number 3 can include rules on division of costs.

6 - In cases of sharing, ANACOM can adopt measures constraining the functioning of the resources to be installed, namely a limitation of the maximum levels of transmitting power.

CHAPTER IV
Information System of Suitable Infrastructures

Article 24.
Duty to prepare and maintain records

1 - The entities referred to in article 2 should prepare, possess and keep permanently updated a record presenting descriptive and georeferenced information on the suitable infrastructures that they hold or are under their management, namely ducts, manholes, inspection chambers and associated infrastructures.

2 - The record referred to in the previous number should contain, under terms to be specified by ANACOM, the following minimum elements:

a) Location, georeferencing, layout and main utilisation;
b) Most relevant technical characteristics, including size, type of infrastructures and utilisation.

3 - The entities referred to in number 1 should prepare and provide in the SIIA the information mentioned in the previous number, under the terms defined by ANACOM, observing the time limits established in numbers 3 to 5 of article 25.

4 - The entities referred to in number 1 are obliged to:

a) Respond in a swift and non-discriminatory manner, within a period not of longer that 10 days, to requests for information by interested electronic communications companies, designating contact elements to this end;
b) Provide the interested electronic communications companies with enlightening information, in particular with precise indications on the location and existence of available capacity in the existing infrastructures, whenever requested, within a maximum period of 10 days.

5 - In the case of doubt on the suitability of the infrastructures for the accommodation of electronic communications networks, ANACOM is responsible, at the request of the entities referred to in number 1, to decide on their inclusion in the record, taking into account the grounds presented by them and the utility of the infrastructures in question in the context of the development of networks of access of electronic communications, namely the connection of the final users to the core networks.

6 - Non-inclusion in the record of suitable infrastructures does not prevent the right of access to these infrastructures by electronic communications companies, where the entities referred to in article 2 should:

a) Answer, within the period of 10 days, to requests for information on the matters referred to in numbers 2 and 4 of the present article;
b) Authorise, in proportionate, transparent and non-discriminatory terms and within the period of 10 days, the electronic communications companies carrying out surveys in the field of specific elements of the suitable infrastructures, provided that these requests are reasonable and specify the pertinent network elements for the implantation of electronic communications networks.

7 - In the case of dispute relative to the rights and obligations established in the present article, the provisions in numbers 6 and 8 of article 16 are applicable, where ANACOM should, apart from under exceptional circumstances, issue a decision within a maximum period of 60 days counted from the date of receipt of the full request for intervention.

8 - Whenever access to infrastructures held by entities subject to regulation is involved, the provisions in numbers 8 and 9 of article 19 are applicable.

Article 24.-A
Exceptions to the obligation to provide information in the SIIA

1 - Compliance with the obligation to provide the information in the SIIA, established in number 3 of article 24 can be waived in the following cases:

a) When the information refers to critical national infrastructures, qualified as such under the terms of the law;
b) When the publicising implies the disclosure of information whose access should be restricted for reasons of security and integrity of the networks and public safety and health.

2 - For the purposes of the previous number, the entity holding the infrastructures, within the maximum period of 15 days taking up their possession or management, should inform ANACOM of the precise location of the infrastructures that it considers should be excluded from the obligations established in the present chapter, as well as the grounds justifying this and the competent entities on the matter that should issue an opinion on the requested exclusion.

3 - ANACOM is responsible for deciding the cases which justify exemption, after the prior hearing, according to the matter in question, the Gabinete Nacional de Segurança (National Security Office), the Comissão de Acesso aos Documentos Administrativos (Commission of Access to Administrative Documents) and other public entities with attributions on the matter.

4 - ANACOM can standardise the cases of exemption, after public consultation and prior hearing of the entities referred to in the previous number.

5 - The provisions in article 92 of the Code of Administrative Procedure (Código do Procedimento Administrativo) are applicable to the opinions of the Gabinete Nacional de Segurança (National Security Office) and Comissão de Acesso aos Documentos Administrativos (Commission of Access to Administrative Documents), established in the previous numbers.

Article 25.
Information available in the SIIA

1 - ANACOM is responsible for the design, management and the maintenance, accessibility and availability of the SIIA, assuring the provision of the following information:

a) Procedures and conditions for the attribution of the rights of way established in article 6.
b) Announcements on the construction of suitable infrastructures under the terms established in article 9;
c) Record, containing georeferenced, full and integrated information of all the suitable infrastructures, held or managed by the entities referred to in number 1 of article 24, including the public ITUR referred to in article 31;
d) Procedures and conditions applicable to the access and use of each of the infrastructures referred to in the previous subparagraph, including the technical instructions mentioned in article 21 when applicable.

2 - The entities referred to in number 1 of article 4 should to ensure the availability in the SIIA of the information mentioned in the previous number, assuring its quality, reliability, timeliness and permanent updating, and, whenever requested, should provide ANACOM with all the necessary clarifications and elements with a view to their entry in the SIIA.

3 - The information at any given moment contained in SIIA binds the entities responsible for its preparation and availability.

4 - The entities responsible for the attribution of rights of way should include in the SIIA the information referred to in subparagraph a) of number 1, within the maximum period of 20 days counted from the date when they were empowered to attribute rights of way.

5 - The entities that hold or manage suitable infrastructures should include in the SIIA the information indicated in subparagraphs c) and d) of number 1, within the maximum period of 30 days counted from the date on which they took up possession or management of the infrastructures.

6 - The alterations to the procedures and information referred to in the previous numbers should be provided in the SIIA by the fifth business day after the date of their approval or the occurrence of the alterations.

7 - ANACOM is responsible, after the consultation procedure established in article 8 of the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February, for defining the format in which the elements should be provided in the SIIA.

Article 26.
Access to the SIIA

1 - The SIIA is based on principles of sharing of information and reciprocity, and can be accessed by entities which ensure compliance with the necessary obligations for the inclusion of the information in this system, under the terms of the present decree-law.

2 - The information of the SIIA is provided through the Internet, using a secure connection, with validation of access, which can be accessed remotely by the entities indicated in article 2 which meet the conditions established in the previous number, when applicable, as well as the sectoral regulatory entities which obtain access credentials from ANACOM, without prejudice to the provisions in Law no. 46/2007, of 24 August.

3 - Whenever it is found that the entities accredited for access and use of the SIIA do not comply with the obligations established in the previous article, ANACOM should suspend their access to the system until their compliance with these obligations is observed.

4 - The entities indicated in number 2 that have access to the information contained in the SIIA should take appropriate measures to assure the respect of confidentiality and the trade and operational secrecy.

5 - The obtaining of remuneration, directly or indirectly, for the provision, use or reuse of the documents or information extracted from the SIIA by its users or third parties is forbidden.

CHAPTER V
Telecommunications infrastructures in housing developments, urban settlements and groups of buildings (ITUR)

SECTION I
General provisions relative to the ITUR

Article 27.
Telecommunications infrastructures in housing developments, urban settlements and groups of buildings

1 - The present chapter establishes the regime for the installation of ITUR and respective connections to the public networks of electronic communications, as well as the regime for assessment of compliance of equipment, materials and infrastructures.

2 - The requirements contained in the present chapter are fully applicable to companies and professionals that perform the activities referred to therein on national territory, under a regime of free provision of services, except for those that are clearly not applicable, due to their actual nature, to occasional and sporadic provisions of services.

Article 28.
Constitution of the ITUR

The ITUR comprise of:

a) Spaces for the installation of piping, cables, manholes and inspection chambers, cabinets for building distribution frames and for installation of equipment and other devices;
b) Network of piping or piping for the installation of various cables, equipment and other devices, including, namely, telecommunications cabinets, manholes and inspection chambers;
c) Cabling, namely copper twisted pair, coaxial cable and fibre optic for connection to public communications networks;
d) Type A cabling systems;
e) Electrical installations to support equipment and earthing system;
f) Cabling systems for exclusive use of the housing development, urban settlement or group of buildings, namely home automation, reception video surveillance and security systems.

Article 29.
Mandatory infrastructures in housing developments, urban settlements and groups of buildings

1 - Pursuant to the provisions in the present chapter and ITUR Manual, it is mandatory for housing developments and urban settlements to install the following infrastructures:

a) Spaces for the installation of piping, cables, equipment and other devices, including, namely, telecommunications cabinets, manholes and inspection chambers;
b) Network of piping or piping for the installation of various cables, equipment and other devices.

2 - In groups of buildings, in addition to the infrastructure referred to in the previous number, it is also mandatory to install cabling in copper twisted pair, coaxial cable and fibre optic for connection to public electronic communications networks, as well as electrical installations to support equipment and earthing systems.

3 - In the project, the installation and use of the telecommunications infrastructures should assure the secrecy of the communications, their security and non-interference between the installed cabling infrastructures.

4 - The start-up of the work should be communicated previously to the ITUR designer.

5 - The developer of the urbanistic operation is responsible for compliance with the obligations established in the present article.

Article 30.
General provisions relative to the ITUR

1 - It is mandatory to use the ITUR that are already installed whenever they permit supporting the services to be provided and the technologies to be made available.

2 - The occupation of spaces and piping should be dimensioned by the designer for the communication needs and for the expected number of users of the housing development, urban settlement or group of buildings, as well as to enable their use by more than one operator.

3 - The occupation of spaces and piping by any means that is not justified, taking into account the services to be provided and the technology to be made available, is forbidden.

4 - The developer of the urbanistic operation, the installer, the electronic communications company or, when applicable, the administration or the owner of the group of buildings, are responsible for complying with the provisions in the previous number.

SECTION II
ITUR ownership, management and access regime

Article 31.
Ownership, management and conservation of public ITUR

1 - The ITUR referred to in number 1 of article 29 are part of the municipal domain, where the respective municipalities are responsible for their management and conservation, in conformity with the rules established in the present decree-law.

2 - For purposes of the previous number, the owner and all other holders of real rights over the building subject to the urbanistic operation assign to the municipality, free of charge, the ITUR installed therein, under the terms of the legal regime for urbanisation and building, in accordance with article 44 approved by Decree-Law no. 555/99, of 16 December.

3 - For the purposes of the previous number, the applicant should mark the ITUR on a layout plan to be submitted with the licensing application or the prior communication.

4 - (Revoked.)

5 - The municipalities can attribute to an autonomous entity, selected by the municipality under the terms of the Código dos Contratos Públicos (Public Procurement Code), approved by Decree-Law no. 18/2008, of 29 January, the powers of management and conservation of ITUR that have been assigned to them in conformity with the previous numbers.

6 - ANACOM can issue general guidelines for the procedures of selection referred to in the previous number.

7 - The procedures which are then defined by the municipalities to permit access to the ITUR by the electronic communications companies should be transparent, swift, non-discriminatory and appropriately publicised, where the conditions applicable to the exercise of the right of access should comply with the principles of transparency and non-discrimination, under the terms of chapter III.

8 - The procedures referred to in the previous number are mandatorily applicable by the entities to which the municipalities delegate the management and conservation of the ITUR under the terms of number 5.

9 - The conservation of the cabling installed by electronic communications companies is their responsibility, where the municipalities, or the entities appointed by them, should permit them access for this purpose.

Article 32.
Ownership, management, conservation and alteration of private ITUR

1 - For ITUR that are part of groups of buildings held in joint ownership by all owners, all these owners, or their administration where applicable, are responsible for their management and conservation, in conformity with the legal system of horizontal property and with the present decree-law.

2 - The administrations or owners of groups of buildings, according to whether they are or not under a system of horizontal property, should endeavour to ensure the good condition, security and functioning of the ITUR, paying the costs derived from the repair of breakdowns, without prejudice to the provisions in number 1 of the following article.

3 - The owners or administrations of groups of buildings can only object to the installation of a telecommunications infrastructure for individual use by any owner, joint owner, tenant or legal occupant in the following cases:

a) When, after communication of this intention by an owner, owner, tenant or legal occupant, a telecommunications infrastructure is installed for collective use which enables assuring the same services and the same technology within the time limit of 60 days;
b) When the group of buildings already has a telecommunications infrastructure for collective use which enables assuring the same services and the same technology.

4 - In situations where the owners or administrations of the group of buildings decide not to install the telecommunications infrastructure referred to in subparagraph a) of the previous number or when the time limit established in the same subparagraph has elapsed and the aforesaid telecommunications infrastructure is not yet available, and in the case that they are not liable for paying the costs derived from the alteration to be made to the existing infrastructure, the owners or administration of the group of buildings can only object to the intended alteration by decision of objection of owners or joint owners that represent at least two thirds of the capital invested.

Article 33.
Open access to the ITUR

1 - The promoters of the works, the municipalities and entities appointed by them under the terms of article 31, as well as the owners and administrations of the groups of buildings are obliged to assure the open, non-discriminatory and transparent access of the electronic communications companies to the ITUR, for effects of installation, conservation, repair and alteration, under the terms of the present decree-law, without prejudice to the right to reparation for any losses derived thereof.

2 - The access and use, by electronic communications companies, to private ITUR cannot be conditional to the requirement of payment of any financial consideration or of any other nature by the owners and administrations of groups of buildings.

3 - Contractual clauses that foresee exclusive access to the installed ITUR are forbidden and null, where contracts that were concluded prior to the entry into force of the present decree-law and which contain clauses of exclusive access to the ITUR must mandatorily be cancelled or reduced.

4 - In the case of the management entity of public ITUR simultaneously being an entity that provides electronic communications services, it may only start providing services to the customers covered by the ITUR that it manages from the moment that it has published the conditions foreseen in the present article and in numbers 7 and 8 of article 31.

5 - If the parties cannot reach an agreement regarding access to the public ITUR within the period of 30 days counted from the date of receipt of the request for access, any of the parties may request ANACOM’s intervention to issue a binding decision, aimed at assessing compliance with the requirements established in the present article.

6 - In the settlement of the disputes referred to in the previous article, ANACOM should assure respect for the adversarial principle and take proportionality fully into account, as well as the principles established in article 4 of the present diploma, and should follow the procedural rules established in article 10 of the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February, without prejudice to the provisions in the following number.

7 - Apart from under exceptional circumstances, ANACOM’s decision should be issued within the maximum period of 60 days counted from the date of receipt of the request for intervention, provided that the applicant provides ANACOM with all the elements and information required for the conformation of the facts and matter under dispute.

Article 34.
Remuneration for access to public ITUR

(Revoked.)

SECTION III
ITUR technical projects

Article 35.
Compulsory requirement of the ITUR technical project

The installation of ITUR obeys a technical project drawn up by a designer, pursuant to the provisions in the present chapter and ITUR Manual.

Article 36.
Statement of responsibility for the ITUR project

2 - The statement mentioned in the present article consists of a statement of responsibility exempting the prior appraisal of the projects by the municipal services.

3 - ANACOM is responsible for approving the template of the statement of responsibility referred to in the present article, as well as the conditions for its issue.

Article 37.
Qualification of the ITUR designer

1 - The following can be ITUR designers:

a) Engineers and technical engineers enrolled in public associations of professional nature who, under the terms of the law which establish the professional qualification required from the technicians responsible for the preparation and signing of the projects, are considered qualified for the effect;
b) Engineers and technical engineers enrolled in their respective public associations of professional nature following the procedure stipulated in article 47 of Law no. 9/2009, of 4 March, amended by Law no. 41/2012, of 28 August, due to recognition of qualifications equivalent to those referred to in the previous subparagraph;
c) Citizens of Member States of the European Union or European Economic Area with qualifications, obtained outside Portugal, equivalent to those referred to in the previous subparagraph a), who wish to exercise their professional activity here under a regime of free provision of services and who for such inform the Ordem dos Engenheiros (Portuguese Association of Engineers) or the Ordem dos Engenheiros Técnicos (Portuguese Association of Technical Engineers), as applicable, by prior statement, under the terms of article 5 of Law no. 9/2009, of 4 March, amended by Law no. 41/2012, of 28 August.

2 - The public associations of professional nature referred to in the previous number should provide ANACOM, under terms to be agreed, with information relative to the technicians that they consider qualified to carry out ITUR projects.

3 - The public associations of professional nature are responsible for assuring that the technicians enrolled therein and qualified for the effects of the present decree-law as ITUR technicians update their respective knowledge base.

Article 38.
Obligations of the ITUR designer

The following constitute obligations of the ITUR designer:

a) Prepare the projects in accordance with the following article and the applicable technical rules;
b) Issue the statement of responsibility referred to in article 36.
c) Submit to ANACOM and the promoter of the work the statement of responsibility referred to in the previous subparagraph within the period of 10 days counted from the signing of the technical project;
d) Assure, by the designer, or by an agent of the designer, the follow-up of the work, noting in the respective construction log the progress of the work and the quality of its execution, as well as the compulsory final confirmation, in the respective log, that the installation is in conformity with the project;
e) Attend the continuous training action for scientific and technical updating, in every five-year period, of duration corresponding to at least 50 hours, at the training entity referred to in article 44.

Article 39.
Elements of the ITUR technical project

1 - It is compulsory for the ITUR technical project to include the following elements:

a) Information identifying the ITUR designer who undertakes the responsibility for the project, under the terms of article 36, namely indicating the number of enrolment in a public association of professional nature;
b) Identification of the housing development operation, urbanisation work, or group of buildings for which it is intended;
c) Project brief containing, in particular:

i) General description of the adopted solution aimed at meeting the legal provisions and regulations in force;
ii) Indication of the characteristics of the materials, construction elements, systems, equipment and networks associated to the technical installations;
iii) Assumptions that were considered, namely the characteristics of the technical interfaces of access of public electronic communications networks;
iv) Technical characteristics which should be obeyed by the equipment, materials and components that will be used in the infrastructure;

d) Work measurements and tables on quantity, indicating the nature and quantity of the work and materials required to perform the construction work;
e) Budget based on the type and quantity of work featured in the measurements;
f) Other structural elements of the project, namely technical files, topographic maps, piping and cabling network diagrams, sizing frames, calculation of signal levels, electrical wiring and earthing diagrams of the infrastructures, analyses of the particularities of the connections of the telecommunications infrastructures of the electronic communications companies;
g) Date and signature.

2 - (Revoked.)

SECTION IV
Installation of the ITUR

Article 40.
ITUR installer

1 - The installation and conservation of the ITUR should be carried out by a qualified installer under the terms and conditions established in the present chapter.

2 - The developer of the work is responsible for choosing the installer.

Article 41.
Qualifications of the ITUR installer

1 - The following can be ITUR installers:

a) Natural and legal persons that have the qualifications referred to in subparagraph a) of number 1 of article 37 and whose public associations of professional nature recognises their suitable qualification for the purpose, or equivalent qualifications, recognised under the terms of the procedure stipulated in article 47 of Law no. 9/2009, of 4 March, amended by Law no. 41/2012, of 28 August, or following the receipt of the prior statement referred to in article 5 of the same law;
b) Natural persons that have the following qualifications:

i) Holders of double certification qualification, obtained by the education and training modalities of the Sistema Nacional de Qualificações (National Qualifications System), which include ITUR short term training units that respect the contents defined in the Catálogo Nacional de Qualificações (National Qualifications Catalogue), or equivalent qualification recognised under the terms of the procedure stipulated in article 47 of Law no. 9/2009, of 4 March, amended by Law no. 41/2012, of 28 August, formally acknowledged by ANACOM;
ii) Technicians of the training areas of electricity and energy and of electronics and automation, who have successfully attended ITUR short term training units included in the Catálogo Nacional de Qualificações (National Qualifications Catalogue), or equivalent qualification recognised under the terms of the procedure stipulated in article 47 of Law no. 9/2009, of 4 March, amended by Law no. 41/2012, of 28 August, formally acknowledged by ANACOM;
iii) Citizens of Member States of the European Union or European Economic Area with qualifications, obtained outside Portugal, equivalent to those referred to in the first parts of the previous subparagraphs, who wish to exercise their professional activity under a regime of free provision of services and who for such inform ANACOM by prior statement, under the terms of article 5 of Law no. 9/2009, of 4 March, amended by Law no. 41/2012, of 28 August;

c) (Revoked.)

2 - (Revoked.)

3 - The public associations of professional nature are responsible for assuring that the technicians enrolled therein and qualified for purposes of the present decree-law as ITUR technicians update their respective knowledge base, and are also responsible for providing ANACOM with information relative to the technicians they consider qualified to be ITUR installers, under the terms established in number 2 of article 37, with the due adaptations.

Article 42.
Professional title of ITUR installer qualified by ANACOM

1 - The performance, on national territory, of the profession of ITUR installer by a technician referred to in items i) and ii) of subparagraph b) of number 1 of the previous article depends on the possession of a valid professional title, issued by ANACOM.

2 - In the case of recognition of qualifications equivalent to those referred to in items i) and ii) of subparagraph b) of number 1 of the previous article, obtained outside Portugal by citizens of Member States of the European Union or European Economic Area, the professional title is issued with acceptance decision delivered under the terms of article 47 of Law no. 9/2009, of 4 March, amended by Law no. 41/2012, of 28 August.

3 - Outside of the cases foreseen in the previous number, ANACOM has 20 days to decide on the issue of the professional title, following the regular submission of the respective application, instructed with certificate of qualifications, after which it is considered tacitly granted, with the confirming documents of the submission of the application and payment of the respective rate constituting a professional title, for all legal purposes.

4 - The legislative references to ITUR installers qualified by ANACOM should be understood as also covering the professionals referred to in item iii) of subparagraph b) of number 1 of the previous article, except when the contrary arises from the rule in question.

Article 43.
Obligations of the ITUR installer

1 - The following constitute obligations of the ITUR installer:

a) Maintain updated information relative to the installer’s professional title, issued by ANACOM, when applicable;
b) Only use, in the installations, equipment and materials that comply with the applicable technical and legal requirements;
c) Install the telecommunications infrastructures in accordance with the project and applicable technical rules;
d) Issue the statement of responsibility for implementation of the installation;
e) Submit to ANACOM, the owner of the work, the director of the work, the director of the inspection of the work, the owner or, in the case of a group of buildings, the respective administration, the statement of responsibility referred to in the previous subparagraph within the period of 10 days counted from the date of completion of the installation;
f) Attend the continuous training action for scientific and technical updating, in every five-year period, of duration corresponding to at least 50 hours, at the training entity referred to in article 44.

2 - (Revoked.)

3 - ANACOM is responsible for approving the template of the statement of responsibility referred to in subparagraph d) of number 1, as well as the conditions for its issue.

4 - The connection of the ITUR to the public communications networks and the provision of electronic communications services can only commence after the issue of the statement of responsibility for execution of the installation and its submission to ANACOM.

SECTION V
ITUR training entities

Article 44.
Training of ITUR designers and installers

1 - The training to obtain, in Portugal, the qualifications referred to in items i) and ii) of subparagraph b) of number 1 of article 41 and the continuous training referred to in subparagraph d) of article 38 and subparagraph e) of number 1 of the previous article is ministered by training entities of the Sistema Nacional de Qualificações (National Qualifications System), identified in number 1 of article 16 of Decree-Law no. 396/2007, of 31 December, as worded by Decree-Law no. 14/2017, of 26 January, which include the certified entities under the terms of the following article.

2 - The training courses ministered by the entities referred to in the previous number should respect the ITUR short term training units established in the Catálogo Nacional de Qualificações (National Qualifications Catalogue).

3 - All the entities referred to in number 1 should respect the specific requirements stipulated in subparagraph d) of number 1 of article 45.

Article 45.
Certification of training entities of ITUR designers and installers

1 - The certification of the private training entities for ITUR designers and installers follows the procedures of the implementing order that regulates the certification of training entities, with the following adaptations:

a) The competent entity for the certification is ANACOM;
b) The training entities should comply with the obligations established in article 49.º;
c) The procedure for revocation of the certification follows the terms of article 94-A;
d) Other specific requirements, supplementary to or by way of derogation from the requirements contained in the implementing order that regulates the certification of training entities, are approved by implementing order of the Government members responsible for the areas of vocational training, communications and education, in observance of the provisions in number 4.

2 - The certification of training entities referred to in the previous number, explicit or tacit, is informed by electronic means to the competent central service of the ministry responsible for the area of vocational training, within the period of 10 days.

3 - The certification procedure starts after the payment of the rates payable by the certified training entity, upon submission of the application for certification.

4 - The criteria determining the meeting of the material technical requirements and technical qualifications of the personnel, stipulated in the implementing order referred to in subparagraph d) of number 1, are proposed by ANACOM, in articulation with Agência Nacional para a Qualificação, I. P., which coordinates the double certification educational and training offers and the Catálogo Nacional de Qualificações (National Qualifications Catalogue), as well as the competent service of the ministry responsible for the area of vocational training.

Article 46.
Regime for the registration of training entities of ITUR installers

(Revoked.)

Article 47.
Revocation of the registration of training entities of ITUR installers

(Revoked.)

Article 48.
Alterations to the registration of training entities of ITUR installers

(Revoked.)

Article 49.
Obligations of the training entity of ITUR designers and installers

The following constitute obligations of the training entity of ITUR designers and installers:

a) Minister ITUR training courses, including continuous training, in observance of the provisions in article 44;
b) Only use equipment and installations that correspond to the requirements defined by ANACOM;
c) Assure that the trainees of the courses referred to in subparagraph a) are duly qualified, under the terms established in the implementing order referred to in subparagraph d) of number 1 of article 45;
d) Assure the periodic calibration of the equipment, in accordance with the instructions of the respective manufacturers, documented in a calibration plan;
e) Provide ANACOM with information relative to the trainees that passed or failed the course, by course ministered, within the maximum period of 15 days after the end of the course;
f) Previously inform ANACOM of the holding of each training action, indicating the respective place, date and time.

SECTION VI
Alteration of telecommunications infrastructures in private ITUR

Article 50.
Alteration of telecommunications infrastructures in ITUR

2 - In the cases referred to in the previous number, the designer and the installer should issue statements of responsibility and submit them to the owner of the work or administrations of the group of buildings, to the owners, tenants, joint owners or legal users applying for the installation and to ANACOM, within the period of 10 days counted from the respective completion.

SECTION VII
Assessment of compliance of the ITUR equipment and infrastructures

Article 51.
ITUR equipment and infrastructure compliance requirements

1 - The following protection requirements are applicable to all the equipment, devices and materials used in the ITUR:

a) Those relative to the health and safety of the user or any other person, including those contained in Decree-Law no. 21/2017, of 21 February, with respect to safety requirements, and all other applicable legislation;
b) Those contained in Decree-Law no. 31/2017, of 22 March, with respect to electromagnetic compatibility, and all other applicable legislation;

2 - The installation of the ITUR should respect:

a) The parameters defined as such in the technical specifications of the interfaces of access to public electronic communications networks;
b) The installation guides of the manufacturers of the materials, devices and equipment;
c) The technical rules of low voltage electrical installations, approved by Administrative Rule no. 949-A/2006, of 11 September.

Article 52.
Responsibility for the compliance of the ITUR equipment

1 - The demonstration of the compliance of the equipment, devices and materials to be used in the ITUR with the applicable requirements is the responsibility of their manufacturers or representatives based in the European Union.

2 - If the manufacturer or representative is not based in the European Union, the responsibility addressed in the previous number falls on the person that directly imports the equipment.

3 - The manufacturers, their representatives or the person responsible for placement on the market should maintain all the information on the equipment, devices and materials at the disposal of ANACOM for a period not less than 10 years after the placement on the market of the last item in question.

Article 53.
Procedure of assessment of compliance of the ITUR equipment, devices and materials

The assessment of the compliance of the equipment, devices and materials with the applicable requirements stipulated in number 1 of article 51 can be demonstrated through the procedures established in the legislation relative to electromagnetic compatibility and protection of health and safety in the electric equipment.

Article 54.
Inspection of ITUR equipment and infrastructures

ANACOM is responsible for the periodic collection, at random and at any point of the distribution circuit, of a sample appropriate to the equipment, devices and materials placed on the market in order to assess their compliance with the applicable requirements and with the information presented in the respective certificate and statements of compliance.

Article 55.
Requirements of the ITUR materials

The materials used in the ITUR should comply with the technical specifications contained in the ITUR Manual.

SECTION VIII
Rates relative to the ITUR

Article 56.
Rates payable to ANACOM concerning the ITUR

1 - The following procedures are charged rates:

a) Issue of professional title of ITUR installer qualified by ANACOM;
b) Certification of the training entities of ITUR designers and installers.

3 - The values of the rates referred to in number 1 are determined according to the administrative costs derived from the type of procedure in question.

CHAPTER VI
Telecommunications infrastructures in buildings (ITED)

SECTION I
General provisions relative to the ITED

Article 57.
Telecommunications infrastructures in buildings

1 - The present chapter establishes the regime for the installation of ITED and respective connections to the public networks of electronic communications, as well as the regime for assessment of compliance of equipment, materials and infrastructure.

2 - The requirements contained in the present chapter are fully applicable to companies and professionals that perform the activities referred to therein on national territory, under a regime of free provision of services, except for those that are clearly not applicable, due to their actual nature, to occasional and sporadic provisions of services.

3 - Buildings equipped in conformity with the requirements established in the present chapter are eligible to receive the optional label «Cumpre o ITED. Apto para banda larga» (ITED Compliant. Suitable for broadband), whose format and other provisions are presented in the template established in annex III of the present decree-law, of which it is an integral part.

Article 58.
Constitution of the ITED

The ITED comprise of:

a) Spaces for installation of piping;
b) Networks of piping required for the installation of various equipment, cables and other devices;
c) Cabling systems in copper twisted pair, coaxial cable, for distribution of sound and television signals of type A (via terrestrial hertzian means) and type B (via satellite), including in both cases the respective antennas, and in fibre optic, constituted by the collective network and by the individual network of cables, for connection to the public communications networks;
d) Type A cabling systems;
e) Electrical installations to support equipment and earthing system;
f) Cabling systems for exclusive use of the building, namely home automation, reception video surveillance and security systems.

Article 59.
Obligatory infrastructures in buildings

1 - The installation of the following infrastructures is obligatory in buildings:

a) Spaces for installation of piping;
b) Networks of piping required for the installation of various equipment, cables and other devices;
c) Cabling systems in copper twisted pair, coaxial cable, for distribution of sound and television signals of type A and in optical fibre;
d) Electrical installations to support equipment and earthing systems.

2 - The obligation to install systems for distribution of sound and television signals of A type, via terrestrial hertzian means, is applicable to buildings with two or more dwellings.

3 - In the project, the installation and use of the telecommunications infrastructures should assure the secrecy of the communications, their security and non-interference between the installed cabling infrastructures.

4 - The start-up of the work should be communicated previously to the ITED designer.

5 - The owner of the work is responsible for compliance with the obligations established in the present article.

Article 60.
Exceptions to the principle of obligation

Buildings that, due to their nature and specific purpose, show a remote probability of requiring future electronic communications infrastructures are exempt from the provisions in the present chapter, provided that this is duly substantiated and accompanied by a statement of responsible of the designer.

Article 61.
General provisions relative to the ITED

1 - It is mandatory to use the telecommunications infrastructures that are already installed whenever they permit supporting the services to be provided and the technology to be made available.

2 - The installation and use of infrastructures for collective use has preference in relation to the installation and use of infrastructures for individual use.

3 - The occupation of spaces and piping should be dimensioned by the designer for the communication needs and for the expected number of users of the building.

4 - The occupation of spaces and piping by any means that is not justified, taking into account the services to be provided and the technology to be made available, is forbidden.

5 - The owner of the work, the installer, the electronic communications company or, when applicable, the administration of the building, are responsible for complying with the provisions in the previous number.

SECTION II
ITED ownership, management and access regime

Article 62.
Ownership, management and conservation of the ITED

1 - The ITED belong to the owner of the building.

2 - ITED which, under the terms of the horizontal property regime, are integrated in the common parts of buildings are held in joint ownership by all the joint owners, with the respective administration of the buildings being responsible for their management and conservation.

3 - ITED which are integrated in autonomous divisions are the exclusive property of the respective joint owner.

Article 63.
Open access to the ITED

1 - The owners and administrations of the buildings are obliged to assure the open, non-discriminatory and transparent access of the electronic communications companies to the ITED, for effects of installation, conservation, repair and alteration, under the terms of the present decree-law, without prejudice to the right to reparation for any losses derived thereof.

2 - The access to ITED that are integrated in the common parts of buildings under the terms of the previous number cannot be conditional to the requirement of payment of any financial consideration or of any other nature by the owners or administrations of buildings.

3 - Contractual clauses that foresee exclusive access to the installed ITED are forbidden and null, where contracts that were concluded prior to the entry into force of the present decree-law and which contain clauses of exclusive access to the ITED must mandatorily be cancelled or reduced.

4 - Electronic communications companies that are already providing services in a particular building cannot, by any means, directly or indirectly, hinder or prevent the use of the ITED by other electronic communications companies.

Article 64.
Conditions for the alteration of telecommunications infrastructures installed in ITED

1 - The owners or administrations of buildings can only object to the installation of a telecommunications infrastructure for individual use by any joint owner, tenant or legal occupant in the following cases:

a) When, after communication of this intention by a joint owner, tenant or legal occupant, a telecommunications infrastructure is installed for collective use which enables assuring the same services and the same technology within the time limit of 60 days;
b) When the building already has a telecommunications infrastructure for collective use which enables assuring the same services and the same technology.

2 - In situations where the owners or administrations of buildings decide not to install the telecommunications infrastructure referred to in subparagraph a) of the previous number or when the time limit established in the same subparagraph has elapsed and the aforesaid telecommunications infrastructure is not yet available, and in the case that they are not liable for paying the costs derived from the alteration to be made to the existing infrastructure, the owners or administration of the building can only object to the intended alteration by decision of objection of owners or joint owners that represent at least two thirds of the capital invested.

3 - For purposes of the regime established in the present article, the meeting of joint owners that appraises the proposed alteration of the infrastructure should be called, under the terms established in the Código Civil (Civil Code), by the interested joint owner or in representation of the tenant or legal occupant that wishes to access the electronic communications service accessible to the public.

4 - In situations where the proposed alteration of the infrastructure is communicated to the administrations of building after the calling of a meeting of joint owners, it should be added to the agenda and notified to those called upon to attend the meeting at least five days before the meeting.

5 - The dismantlement of the telecommunications infrastructure for individual use is obligatory whenever cumulatively:

a) Telecommunications infrastructure for collective use is installed that permits assuring the same technology and services of the individual infrastructure;
b) There is confirmed evidence of the existence of damages to third parties, caused by the installation that has been made.

SECTION III
ITED technical projects

Article 65.
Compulsory requirement of the ITED technical project

1 - The installation of the ITED defined in article 58, obeys a technical project drawn up by a designer, pursuant to the provisions in the present decree-law and ITED Manual.

2 - The installation of telecommunications infrastructures promoted by direct or indirect administration bodies or services of the State, in the exercise of competence established by law, is ruled by the present decree-law.

3 - ANACOM can publish templates of technical projects to be followed in certain types of installation.

Article 66.
Statement of responsibility for the ITED project

1 - The technical projects mentioned in the previous article should be instructed with a statement by the legally qualified designers, certifying the observance of the general and specific rules contained in the applicable legal and regulatory provisions.

2 - The statement mentioned in the present article consists of a statement of responsibility exempting the prior appraisal of the projects by the municipal services.

3 - ANACOM is responsible for approving the template of the statement of responsibility referred to in the present article, as well as the conditions for its issue.

Article 67.
Qualification of the ITED designer

1 - The following can be ITED designers:

2 - The ITED designers referred to in subparagraph d) of the previous number are only qualified to sign ITED projects in buildings with a total budget estimate of the work up to class 2, under the terms of the legal system for access to and performance of construction activity.

3 - (Revoked.)

4 - The public associations of professional nature referred to in subparagraphs a) and c) of number 1 should provide ANACOM, under terms to be agreed, with information relative to the technicians that they consider qualified to carry out ITED projects.

5 - The public associations of professional nature are responsible for assuring that the technicians enrolled therein and qualified for the effects of the present decree-law as ITED technicians update their respective knowledge base.

Article 68.
Professional title of ITED designer qualified by ANACOM

1 - The performance, on national territory, of the profession of ITED designer, by a technician referred to in subparagraph d) of number 1 of the previous article depends on the possession of a valid professional title, issued by ANACOM.

2 - (Revoked.)

3 - (Revoked.)

Article 69.
Obligations of the ITED designer

1 The following constitute obligations of the ITED designer:

a) Prepare projects in accordance with article 70 and the applicable technical rules;
b) Issue the statement of responsibility referred to in article 66.
c) Submit to ANACOM and the owner of the work the statement of responsibility referred to in the previous subparagraph, within the period of 10 days counted from the signing of the technical project;
d) Assure, by the designer, or by an agent of the designer, the follow-up of the work, noting in the respective construction log the progress of the work and the quality of its execution, as well as the compulsory final confirmation, in the respective log, that the installation is in conformity with the project;
e) Attend the continuous training action for scientific and technical updating, in every five-year period, of duration corresponding to at least 50 hours, at the training entity referred to in article 77.

2 - (Revoked.)

Article 70.
Elements of the ITED technical project

1 - It is compulsory for the ITED technical project to include the following elements:

a) Information identifying the ITED designer who undertakes the responsibility for the project, under the terms of article 66, namely indicating the number of enrolment in a public association of professional nature;
b) Identification of the building for which it is intended;
c) Project brief containing, in particular:

2 - (Revoked.)

3 - ANACOM can publication technical project templates to be followed in certain types of installation.

Article 71.
ITED covered by licensing or prior communication process

Whenever the installation of the telecommunications infrastructures referred to in article 58 is included in the scope of prior control of the urbanistic operation, namely a licensing or prior communication process, the regime for projects of the specialities established in the legal system for urbanisation and building, approved by Decree-Law no. 555/99, of 16 December, is applicable.

Article 72.
ITED not covered by licensing or prior communication process

When the installation of the telecommunications infrastructures referred to in article 58 is not included in the scope of prior control of the urbanistic operation, namely a licensing or prior communication process under the terms of the legal system for urbanisation and building, approved by Decree-Law no. 555/99, of 16 December, the technical projects should remain under the possession and responsibility of the owner or administration of the building, which remain under the obligation to exhibit it for purposes of inspection.

SECTION IV
Installation of the ITED

Article 73.
ITED installer

1 - The installation and conservation of the ITED should be carried out by a qualified installer under the terms and conditions established in the present chapter.

2 - The owner of the work is responsible for choosing the installer.

Article 74.
Qualifications of the ITED installer

1 - The following can be ITED installers:

a) Natural and legal persons that have the qualifications referred to in subparagraph a) of number 1 of article 67 and whose public associations of professional nature recognises their suitable qualification for the purpose, or equivalent qualifications, recognised under the terms of the procedure stipulated in article 47 of Law no. 9/2009, of 4 March, amended by Law no. 41/2012, of 28 August, or following the receipt of the prior statement referred to in article 5 of the same law;
b) Natural persons that have the following qualifications:

i) Holders of double certification qualification, obtained by the education and training modalities of the Sistema Nacional de Qualificações (National Qualifications System), which include ITED short term training units that respect the contents defined in the Catálogo Nacional de Qualificações (National Qualifications Catalogue), or equivalent qualification recognised under the terms of the procedure stipulated in article 47 of Law no. 9/2009, of 4 March, amended by Law no. 41/2012, of 28 August, formally acknowledged by ANACOM;
ii) Technicians of the training areas of electricity and energy and of electronics and automation, who have successfully attended ITED short term training units included in the Catálogo Nacional de Qualificações (National Qualifications Catalogue), or equivalent qualification recognised under the terms of the procedure stipulated in article 47 of Law no. 9/2009, of 4 March, amended by Law no. 41/2012, of 28 August, formally acknowledged by ANACOM;
iii) Citizens of Member States of the European Union or European Economic Area with qualifications, obtained outside Portugal, equivalent to those referred to in the first parts of the previous subparagraphs, who wish to exercise their professional activity under a regime of free provision of services and who for such inform ANACOM by prior statement, under the terms of article 5 of Law no. 9/2009, of 4 March, amended by Law no. 41/2012, of 28 August.

2 - The public associations of professional nature are responsible for assuring that the technicians enrolled therein and qualified for the effects of the present decree-law as ITED technicians update their respective knowledge base, and are also responsible for providing ANACOM with information relative to the technicians that they consider qualified to be ITED installers, under the terms established in number 4 of article 67, with the due adaptations.

Article 75.
Professional title of ITED installer qualified by ANACOM

1 - The performance, on national territory, of the profession of ITED installer by a technician referred to in items i) and ii) of subparagraph b) of number 1 of the previous article depends on the possession of a valid professional title, issued by ANACOM.

2 - In the case of recognition of qualifications equivalent to those referred to in items i) and ii) of subparagraph b) of number 1 of the previous article, obtained outside Portugal by citizens of Member States of the European Union or European Economic Area, the professional title is issued with acceptance decision delivered under the terms of article 47 of Law no. 9/2009, of 4 March, amended by Law no. 41/2012, of 28 August.

3 - Outside of the cases foreseen in the previous number, ANACOM has 20 days to decide on the issue of the professional title, following the regular submission of the respective application, instructed with certificate of qualifications, after which it is considered tacitly granted, with the confirming documents of the submission of the application and payment of the respective rate constituting a professional title, for all legal purposes.

4 - The legislative references to ITED installers qualified by ANACOM should be understood as also covering the professionals referred to in item iii) of subparagraph b) of number 1 of the previous article, except when the contrary arises from the rule in question.

Article 76.
Obligations of the ITED installer

1 - The following constitute obligations of the ITED installer:

a) Maintain updated information relative to the installer’s professional title, issued by ANACOM, when applicable;
b) Only use, in the installations, equipment and materials that comply with the applicable technical and legal requirements;
c) Install the telecommunications infrastructures in accordance with the project and applicable technical rules;
d) Issue the statement of responsibility for implementation of the installation;
e) Submit to ANACOM, the owner of the work, the director of the work, the director of the inspection of the work and the owner or administration of the building, the statement of responsibility referred to in the previous subparagraph within the period of 10 days counted from the date of completion of the installation;
f) Attend the continuous training action for scientific and technical updating, in every five-year period, of duration corresponding to at least 50 hours, at the training entity referred to in the following article.

2 - (Revoked.)

3 - ANACOM is responsible for approving the template of the statement of responsibility referred to in subparagraph d) of number 1, as well as the conditions for its issue.

4 - The connection of the ITED to public communications networks and the provision of electronic communications services accessible to the public can only be done after the issue of the statement of responsibility for implementation of the installation and its submission to ANACOM.

SECTION V
ITED training entities

Article 77.
Qualifying training of ITED designers and installers

1 - The training to obtain, in Portugal, the qualifications referred to in items i) and ii) of subparagraph b) of number 1 of article 71, and the continuous training referred to in subparagraph d) of article 69 and subparagraph e) of number 1 of the previous article is ministered by training entities of the Sistema Nacional de Qualificações (National Qualifications System), identified in number 1 of article 16 of Decree-Law no. 396/2007, of 31 December, as worded by Decree-Law no. 14/2017, of 26 January, in which the certified entities are included under the terms of the following article.

2 - The training courses ministered by the entities referred to in the previous number should respect the ITED short term training units established in the Catálogo Nacional de Qualificações (National Qualifications Catalogue).

3 - The entities referred to in number 1 should respect the specific requirements stipulated in subparagraph d) of number 1 of the following article.

Article 78.
Certification of training entities of ITED designers and installers

1 - The certification of the private training entities for ITED designers and installers follows the procedures of the implementing order that regulates the certification of training entities, with the following adaptations:

a) The competent entity for the certification is ANACOM;
b) The training entities should comply with the obligations established in the following article;
c) The procedure for revocation of the certification follows the terms of article 94-A;
d) Other specific requirements, supplementary to or by way of derogation from the requirements contained in the implementing order that regulates the certification of training entities, are approved by implementing order of the Government members responsible for the areas of vocational training, communications and education, in observance of the provisions in number 4.

Article 79.
Obligations of the training entity of ITED designers and installers

The following constitute obligations of the ITED training entity:

a) Minister ITED training courses, including continuous training, in observance of the provisions in article 77;
b) Only use equipment and installations that correspond to the requirements defined by ANACOM;
c) Assure that the trainees of the courses referred to in subparagraph a) are duly qualified;
d) Assure the periodic calibration of the equipment, in accordance with the instructions of the respective manufacturers, documented in a calibration plan;
e) Provide ANACOM with information relative to the trainees that passed or failed the course, by course ministered, within the maximum period of 15 days after the end of the course;
f) Previously inform ANACOM of the holding of each training action, indicating the respective place, date and time.

Article 80.
Costs of the ITED project and installation

The costs inherent to the ITED project and installation are the responsibility of the owner of the work.

Article 81.
Authorisation for use of the building

1 - The requests for authorisation of use of buildings or their autonomous divisions mentioned in article 62 of the legal system for urbanisation and building, approved by Decree-Law no. 555/99, of 16 December, should be instructed by the statement of responsibility for the implementation of the ITED.

2 - The ITED designer and installer participate in the inspection that precedes the authorisation for use of the building whenever called upon by the municipal council, under the terms of the legal system for urbanisation and building, approved by Decree-Law no. 555/99, of 16 December.

Article 82.
Disclosure of information relative to the ITED

(Revoked.)

SECTION VI
ITED of constructed buildings

Article 83.
Alterations of infrastructures in buildings

1 - The alteration of telecommunications infrastructures, namely for the installation of fibre optic, should be preceded by a simplified technical project, prepared by a duly qualified designer and installer, pursuant to the ITED Manual.

2 - For the effects of the provisions in the previous number, the designer and the installer should issue statements of responsibility and submit them to the owner of the work or administration of the jointly owned building and the joint owners applying for the installation and to ANACOM, within the period of 10 days counted from the respective completion.

Article 84.
Alteration of infrastructures in buildings without ITED certificate

(Revoked.)

SECTION VII
Assessment of compliance of the ITED equipment

Article 85.
Regime applicable to the assessment of compliance of the ITED equipment

The regime established in articles 51 to 55 is applicable to the assessment of compliance of the equipment, devices and materials used in telecommunications infrastructures.

SECTION VIII
Rates relative to the ITED

Article 86.
Rates payable to ANACOM concerning the ITED

1 - The following procedures are charged rates:

a) Issue of professional title of ITED installer qualified by ANACOM;
b) Certification of the training entities of ITED designers and installers.

2 - The values of the rates referred to in the previous number are established by implementing order of the Government member responsible for the area of communications, constituting revenue of ANACOM.

3 - The values of the rates referred to in number 1 are determined according to the administrative costs derived from the type of procedure in question.

CHAPTER VII
Inspection and penalty system

Article 87.
Provision of information

1 - The entities covered by the scope of the present decree-law should provide ANACOM with all the information related to their activity relative to the obligations established in the present decree-law.

2 - For purposes of the previous number, the entities should identify, in a substantiated form, the information they consider confidential and should attach, where justified, a non-confidential copy of the documents containing this information.

3 - ANACOM’s requests for information should comply with principles of adequacy and proportionality to their intended purpose and should be duly substantiated.

4 - The requested information should be provided within the time limits, in the form and with the level of detail specified in ANACOM’s request for information, where the conditions and frequency of their sending can be established.

Article 88.
Inspection of compliance with the present decree-law

1 - ANACOM is responsible for inspecting of the compliance with the provisions in the present decree-law, through its inspection agents duly accredited by the board of directors, without prejudice to the competences attributed to other entities.

2 - The costs derived from inspection measures taken for verification of compliance with the obligations established in chapters V and VI, namely final inspections, project reviews, issue of opinions and material tests, are payable by the agents considered responsible for any detected non-compliance with the legal or technical rules applicable in administrative offence procedures.

3 - The costs referred to in number 2 are established in annex I of the present decree-law, of which it is an integral part, based on the costs incurred with the conduct of final inspections, project reviews, issue of opinions and material tests, and are paid by ANACOM in observance of the rules of the general taxation law and the Código do Procedimento e Processo Tributário (Code of Taxation Procedure and Process), updated annually based on the Índice de Preços ao Consumidor (Consumer Price Index) (IPC).

4 - For purposes of inspection of compliance with legal, regulatory and technical obligations derived from the system established in chapters V and VI, the municipal councils should provide ANACOM with access to the processes established in the legal system for urbanisation and building, approved by Decree-Law no. 555/99, of 16 December, which involve infrastructures and electronic communications networks.

Article 89.
Administrative offences and fines

1 - The following constitute administrative offences:

a) Non-compliance with the provisions relative to procedures of attribution of rights of way in public domain established in numbers 1, 2 and 3 of article 6;
b) (Revoked.)
c) Non-compliance with the obligation established in numbers 1, 3 and 4 of article 9;
d) Non-observance of the obligation to publicise in the SIIA and maintain the updated technical instructions established in number 1 of article 11, when applicable, as well as breach of the provisions in number 2 of the same article;
e) Non-compliance with the obligations of access established in article 13;
f) Non-compliance with the decisions issued by ANACOM under the terms of article 16, as well as number 7 of article 19;
g) Non-compliance with the obligations of entities holding the suitable infrastructures established in article 17;
h) Non-compliance with the methodology established by ANACOM under the terms of numbers 4 to 6 of article 19;
i) Non-compliance with the obligation to publicise and maintain the updated technical instructions established in number 1 of article 21, when applicable, as well as breach of the provisions in number 2 of the same article;
j) Breach of the obligation to remove cables, equipment or any elements of the network, established in number 3 of article 22;
l) Non-compliance with the decisions issued by ANACOM relative to disputes established in number 5 of article 22;
m) Breach of the obligation of communication of the agreements with a view to the sharing of infrastructures, established in number 2 of article 23;
n) Non-observance of the determinations on sharing resources established in numbers 3 and 5 of article 23, as well as the conditional measures established in number 6 of the same article;
o) Non-compliance with the obligations established in numbers 1, 2, 4, 5 and 6 of article 24;
p) Non-observance of the obligations established in number 3 of article 24, and the numbers 2 to 5 of article 25;
q) The obtaining of remuneration, in breach of number 5 of article 26;
r) (Revoked.)

2 - Without prejudice to the other applicable penalties, under the ITUR regime, the following constitute administrative offences:

a) The non-installation of the mandatory infrastructures established in subparagraphs a) and b) of number 1 of article 29;
b) The non-installation of the mandatory infrastructures established in number 2 of article 29;
c) Non-compliance, during the infrastructure’s project, installation or use phase, with the obligations of secrecy of the communications, security or non-interference between the installed cabling infrastructures, as established in number 3 of article 29;
d) Failure to inform the start-up of the work to the designer, in breach of number 4 of article 29;
e) Non-observance of the obligation to use the installed infrastructure in the situations established in number 1 of article 30;
f) The occupation of spaces and piping in breach of the provisions in numbers 2 and 3 of article 30;
g) The definition of procedures for access to the ITUR and the conditions applicable to the exercise of the right of access, in breach of the regime established in numbers 7 and 8 of article 31;
h) Non-compliance with the obligation of access established in number 9 of article 31;
i) The objection to the installation of a telecommunications infrastructure for individual use outside of the situations established in subparagraph a) or b) of number 3 and number 4 of article 32;
j) Breach of the obligations established in numbers 1 and 4 of article 33, as well as the non-compliance with ANACOM’s decisions issued under the terms of number 5 of the same article;
l) (Revoked.)
m) (Revoked.)
n) The requirement of payment or any financial consideration or of any other nature by the owners and administrations of groups of buildings to permit access to private ITUR, in breach of the regime established in number 2 of article 33;
o) The preparation of the technical project by a person not qualified for the purpose, in breach of the provisions in number 1 of article 36 and number 1 of article 66;
p) (Revoked.)
q) (Revoked.)
r) Non-compliance with the obligation to provide the information to ANACOM, under the terms established in number 2 of article 37 and number 3 of article 41;
s) Non-compliance with the obligations established in article 38 and number 1 of article 50;
t) (Revoked.)
u) The installation and conservation of ITUR infrastructures by an entity not qualified for the purpose, in breach of the regime established in number 1 of article 40;
v) (Revoked.)
x) Non-compliance by the installer with the obligations established in number 1 of article 43 and in article 50;
z) Non-compliance by the promoter, the owner, the administration of the group of buildings and the electronic communications company with the obligation established in number 4 of article 43;
aa) The holding of continuous training courses in breach of the provisions in number 2 of article 44, as well as their undertaking by entities not certified under the terms of article 45;
bb) Non-compliance with the obligations established in article 49;
cc) The placement on the market and the installation of equipment, devices and materials in breach of the provisions in article 51;
dd) Non-compliance with the obligations of provision of information established in number 3 of article 52;
ee) The alteration or construction of infrastructures in ITUR in breach of the regime established in numbers 1 to 4 of article 100;

3 - Without prejudice to the other applicable penalties, under the ITED regime, the following constitute administrative offences:

a) The placement of the label referred to in number 2 of article 57 in breach of the provisions in the same article, as well as the non-installation of the mandatory infrastructures established in subparagraphs a) to d) of number 1 of article 59;
b) Non-compliance with the obligations of provision of information established in number 2 of article 59;
c) Non-compliance, during the infrastructure’s project, installation or use phase, with the obligations of secrecy of the communications, security or non-interference between the installed cabling infrastructures, as established in number 3 of article 59;
d) Failure to inform the start-up of the work to the designer, in breach of number 4 of article 59;
e) Non-observance of the obligation to use the installed infrastructure in the situations established in number 1 of article 61;
f) The occupation of spaces and piping in breach of the provisions in numbers 3 and 4 of article 61;
g) Breach of the obligations established in number 1 of article 63, as well as breach by the electronic communications companies of the provisions in number 4 of the same article;
h) The requirement of payment or any financial consideration or of any other nature by the owners and administrations of buildings to permit access to ITED, in breach of the regime established in number 2 of article 63;
i) The objection to the installation of a telecommunications infrastructure for individual use outside of the situations established in subparagraph a) and b) of number 2 of article 64;
j) The installation of ITED without a technical project prepared by a designer, in breach of number 1 of article 65, as well as the preparation of the technical project in breach of number 2 of the same article;
l) (Revoked.)
m) (Revoked.)
n) Non-compliance with the obligation to provide the information to ANACOM, under the terms established in number 4 of article 67;
o) Non-observance of the obligations established in number 1 of article 69 and number 2 of article 74;
p) (Revoked.)
q) The installation, alteration and conservation of ITED infrastructures by an entity not qualified for the purpose, in breach of the regime established in number 1 of article 73;
r) Non-compliance by the installer with the obligations established in number 1 of article 76 and non-compliance by the owner of the work and electronic communications company with number 4 of article 76;
s) The holdings of training courses, including continuous training courses, in breach of the provisions in numbers 2 and 3 of article 77, as well as their undertaking by entities not certified under the terms of number 1 of article 78;
t) (Revoked.)
u) Non-compliance with the obligations established in article 79;
v) (Revoked.)
x) The alteration of telecommunications infrastructures in buildings, in breach of the regime established in article 83;
z) Non-compliance with the obligations to provide information established in number 3 of article 52, as well as the placement on the market of equipment, devices and materials in breach of the provisions in article 51, all by reference to article 85;

4 - Without prejudice to the other applicable penalties, the following also constitute administrative offences:

a) Non-compliance with the obligations of information established in article 87, under the terms and within the time limits established by ANACOM;
b) Non-compliance with the ITED and ITUR assessment procedures approved by ANACOM under article 105;
c) Non-compliance with the orders, mandates and decisions issued by ANACOM in the exercise of the competences established in the present decree-law.

5 - The administrative offences established in subparagraphs d) and i) of number 1, in subparagraphs d), i), j) and dd) of number 2 and in subparagraphs d), h) and i) of number 3 are serious administrative offences.

6 - The administrative offences established in subparagraphs a), c), e), f), g), h), j), l), m), n), o), p) and q) of number 1, in subparagraphs a), b), c), e), f), g), h), n), o), r), s), u), x), z), aa), bb), cc) and ee) of number 2, in subparagraphs a), b), c), e), f), g), j), n), o), q), r), s), u), x) and z) of number 3 and in number 4 are very serious administrative offences.

7 - The serious administrative offences foreseen in number 1 are punishable with the following fines:

a) If conducted by a natural person, from € 500 to € 7,500;
b) If conducted by a micro-enterprise, from € 1,000 to € 10,000;
c) If conducted by a small enterprise, from € 2,000 to € 25,000;
d) If conducted by a medium enterprise, from € 4,000 to € 50,000;
e) If conducted by a large enterprise, from € 10,000 to € 1,000,000.

8 - The very serious administrative offences foreseen in number 1, as well as those established in number 4, if related to the subject matter contained in chapters II, III and IV, are punishable with the following fines:

a) If conducted by a natural person, from € 1,000 to € 20,000;
b) If conducted by a micro-enterprise, from € 2,000 to € 50,000;
c) If conducted by a small enterprise, from € 6,000 to € 150,000;
d) If conducted by a medium enterprise, from € 10,000 to € 450,000;
e) If conducted by a large enterprise, from € 20,000 to € 5,000,000.

9 - The serious administrative offences foreseen in numbers 2 and 3 are punishable with the following fines:

a) If conducted by a natural person, from € 500 to € 5,000;
b) If conducted by a micro-enterprise, from € 750 to € 75,000;
c) If conducted by a small enterprise, from € 1,500 to € 15,000;
d) If conducted by a medium enterprise, from € 3,000 to € 50,000;
e) If conducted by a large enterprise, from € 7,500 to € 250,000.

10 - The very serious administrative offences foreseen in numbers 2 and 3, as well as those established in number 4, if related to the subject matter contained in chapters V and VI, are punishable with the following fines:

a) If conducted by a natural person, from € 1,000 to € 10,000;
b) If conducted by a micro-enterprise, from € 1,500 to € 15,000;
c) If conducted by a small enterprise, from € 4,000 to € 50,000;
d) If conducted by a medium enterprise, from € 8,000 to € 250,000;
e) If conducted by a large enterprise, from € 16,000 to € 1,000,000.

11 - Without prejudice to the application of the system of extra-contractual civil liability of public entities, local authorities are subject to the administrative offence system established in the present decree-law.

12 - Whenever an administrative offence arises from omission of compliance with a legal duty or an order issued by ANACOM, the application of the penalties does not exempt the offender from compliance with the duty or order if this is still possible.

13 - In the administrative offences foreseen in the present decree-law, attempt or negligence is punishable, under the terms established in article 4 of Law no. 99/2009, of 4 September, which approves the system applicable to administrative offences of the communications sector, amended by Law no. 46/2011, of 24 June.

14 - The provisions in the present decree-law do not hinder the administrative offence system established in the legal system for urbanisation and building, approved by Decree-Law no. 555/99, of 16 December.

Article 90.
Accessory penalties

1 - In addition to the fines in the previous article, the following accessory penalties may also be applied, whenever justified by the severity of the offence and fault of the agent:

a) Loss in favour of the State of illicit objects, equipment and devices in the administrative offence established in subparagraph z) of number 2 of the previous article;
b) Prohibition of the performance of the respective activity, up to the maximum of two years, in the administrative offences foreseen in subparagraphs e), n), o), first part of subparagraph s), u) and x) of number 2 and e), i), j), o), q) and u) of number 3, both the previous article;
c) Deprivation of the right to participate in tenders or auctions promoted under the present decree-law and the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February, up to the maximum of two years, in the administrative offences foreseen in subparagraphs f), g), h), o) and r) of number 1 and f) and i) of number 2, both of the previous article.

2- Without prejudice to the provisions in subparagraph a) of the previous number, illicit objects, equipment and devices are considered lost in favour of the State when they have been subject to precautionary or provisional seizure and, after notification of the interested parties, have not been claimed within the period of 60 days.

3 - The illicit objects, equipment or devices lost in favour of the State, under the terms of subparagraph a) of number 1 or of the previous number, revert to ANACOM, which shall dispose of them as deemed suitable.

4 - ANACOM shall suspend the professional title attributed by it whenever, under the terms of subparagraph b) of number 1, its holder is applied an accessory penalty prohibiting the performance of the respective activity, for the same period.

5 - In the case of suspension of professional title, the offender is notified to voluntarily submit it to ANACOM, under penalty of its seizure.

Article 91.
Processing and application of administrative offences

1 - The application of the fines and accessory penalties foreseen in the present decree-law as well as the discharge of administrative offence proceedings are the competence of ANACOM’s board of directors.

2 - The filing of administrative offence proceedings is the competence of ANACOM’s board of directors, which is responsible for providing evidence to the respective services.

3 - The competences foreseen in the previous numbers can be delegated.

4 - ANACOM and the municipalities collaborate in oversee compliance with the obligations contained in the present decree-law, within the scope of their respective attributions.

5 - Whenever administrative offences involve an area of operations whose control is the responsibility of local authorities, they may inform ANACOM that the respective offences have been committed.

6 - The amount of the fine that reverts to the State is 60% and to ANACOM is 40%.

7 - If the administrative offence proceeding has been filed following notification by one of the local authorities, under the terms of number 5, the amount of the fine that reverts to the State is 60%, to ANACOM is 20% and to the local authority is 20%.

8 - (Revoked.)

Article 92.
Notifications in administrative offences proceedings

(Revoked.)

Article 93.
Police report

(Revoked.)

Article 94.
Loss in favour of the State

(Revoked.)

Article 94.-A
Falsity of a conforming element of the requirements for issue of professional title and non-compliance

1 - When the falsity of any confirming element of the requirements for issue of professional title is observed, it is revoked and the offender is notified to voluntarily submit it to ANACOM, under penalty of its seizure.

2 - Without prejudice to other applicable penalty mechanisms, in the case of serious or reiterated non-compliance, by the ITED designers or the ITUR or ITED installers qualified by ANACOM and by the certified ITUR and ITED training entities, with the obligations established in articles 43, 49, 69, 76 and 79, ANACOM may proceed with the suspension, up to a maximum of six months, or the revocation, total or partial, of the professional title or certification, according to the severity of the offence and the intensity of the fault.

3 - The suspension or revocation decision referred to in the previous number observes the provisions in the Código do Procedimento Administrativo (Code of Administrative Procedure), namely with respect to the prior hearing of the interested parties.

4 - In the case of revocation, a new title cannot be issued before six months has elapsed since the date on which the revocation took place.

5 - In the situations referred to in number 2, the offender is notified to voluntarily submit the professional title to ANACOM, under penalty of its seizure.

CHAPTER VIII
Transitional and final provisions

SECTION I
Transitional provisions relative to chapters II, III and IV

Article 95.
Establishment of the elements that instruct the prior communication

(Revoked.)

Article 96.
Information obligations

(Revoked.)

Article 97.
Transitional regime applicable to the concessionaire of the public telecommunications service

(Revoked.)

Article 98.
Communication of sharing agreements

(Revoked.)

Article 99.
Rules for implementation of the SIC

(Revoked.)

SECTION II
Transitional provisions relative to chapters V and VI

Article 100.
Application of the ITUR regime

1 - Within 30 days after the publication of the notice established in number 2 of article 106, in what concerns the ITUR Manual, alterations to be made in private ITUR, namely for the installation of fibre optic, should foresee space for the installation of fibre optic equipment and cabling, respective input and connection to already existing telecommunications infrastructures by more than one electronic communications company.

2 - For purposes of the previous number, there should be interconnections with spaces suitable for the running of the necessary number of fibre optic cables, adapted to the existing number of buildings.

3 - The regime established in the previous numbers also applies to private ITUR whose licensing, authorisation or prior communication processes are submitted to the municipal services after the date of entry into force of the present decree-law and within 30 days after the date of publication of the prior notice established in number 2 of article 106, in what concerns the ITUR Manual.

4 - Public ITUR whose licensing, authorisation or prior communication processes are submitted to the municipal services after the date of entry into force of the present decree-law and within 30 days after the date of publication of the notice established in number 2 of article 106, in what concerns the ITUR Manual, should possess piping duly adapted to the installation of fibre optic cabling, as well as copper twisted pair and coaxial cabling, by more than one electronic communications company.

5 - The regime relative to the ITUR project and installation established in chapter V is mandatory for housing development operations and urbanisation works whose processes are submitted to the municipal services within 30 days after the date of publication of the notice referred to in number 2 of article 106 relative to the ITUR Manual, without prejudice to the obligations established in numbers 3 and 4 of the present article.

Article 101.
Agreements with public associations of professional nature

Within the period of 30 days counted from the date of entry into force of the present decree-law, ANACOM and the public associations of professional nature should agree on the terms of the provision of information established in numbers 2 of article 37 and 4 of article 67.

Article 102.
Application of the ITED regime

Up to the publication of the notice established in number 2 of article 106, in what concerns the ITED Manual, ITED projects that are submitted to municipal services after the entry into force of the present decree-law, under the terms of the building and urbanisation system, are subject to the ITED Manual in force.

Article 103.
Updating of ITED technicians

1 - All the ITED technicians registered at ANACOM on the date of publication of the present decree-law should carry out training actions with entities duly qualified for such and as designated by ANACOM, with a view to assuring the necessary updating of knowledge in relation to the provisions in the present decree-law.

2 - The public associations of professional nature are responsible for assuring that the technicians enrolled therein and qualified for the effects of the present decree-law as ITED technicians update their respective knowledge base.

3 - The training actions foreseen in the previous numbers should be carried out within he period of one year after the date of publication of the notice established in number 2 of article 106.

4 - ITED technicians not covered by public association of professional nature should, within the period established in the previous number, provide evidence to ANACOM that they have accomplished the aforesaid training actions, under penalty of revocation of the respective registration.

Article 104.
Adaptation of constructed buildings to fibre optics

(Revoked.)

Article 105.
Assessment of the ITUR and ITED

ANACOM is responsible, after general consultation procedure under the terms of article 8 of the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February, for approving the ITUR and ITED assessment procedures, which are of mandatory fulfilment by the installers.

SECTION III
Final provisions

Article 106.
Approval of the ITUR and ITED Manuals

1 - The ITED and ITUR Manuals are approved, after general consultation procedure under the terms of article 8 of the Lei das Comunicações Eletrónicas (Electronic Communications Law), approved by Law no. 5/2004, of 10 February, by deliberation of ANACOM’s board of directors, which is published in the 2nd series of Diário da República.

2 - It is mandatory for the manuals referred to in the previous number to be made available on ANACOM’s website, and this fact should be publicised in a notice published in the 2nd series of Diário da República.

Article 106.-A
Disclosure of information relative to the ITUR and ITED

ANACOM is responsible for providing the following information on its website:

a) ITED designers, and ITUR and ITED installers with valid professional title issued by ANACOM;
b) Designers and installers, not included in the previous subparagraph, operating in national territory;
c) Certified training entities;
d) Certified installations.

Article 107.
Counting of time limits

The rules of article 87 of the Código do Procedimento Administrativo (Code of Administrative Procedure) apply to the counting of the administrative time limits specified in the present decree-law.

Article 107.-A
Dematerialisation of the procedures

1 - Without prejudice to the provisions in the following numbers, the communications and notifications foreseen in the present decree-law and the sending of documents, applications or information between service providers and competent authorities are carried out by electronic means through the one-stop electronic system of the services or by any other legally permitted means, except formalities conducted through the electronic information system referred to in article 8-A of the legal system for urbanisation and building, approved by Decree-Law no. 555/99, of 16 December.

2 - The provisions in the previous number do not prevent the conduct of procedures in the SIIA, under the terms of chapters II, III and IV, where this system should be accessible from the one-stop electronic system of the services.

3 - The provisions in number 1 are not applicable to communications, notifications and all other procedural acts in the context of administrative offence proceedings.

4 - Whenever the electronic information systems referred to in number 1 are not available, the formalities to be conducted under the terms of the present decree-law should be carried out by any other legally permitted means.

Article 108.
Submission of documents available on the Internet

Whenever the documents whose submission is required by the present decree-law are available on the Internet, the persons or entities that are obliged to submit them can inform ANACOM of the address of the website where they may be consulted, as well as the necessary information for this consultation.

Article 108.-A
Administrative cooperation

For purposes of the present decree-law, the competent authorities participate in administrative cooperation, in the context of procedures relative to providers and professionals derived from other Member States of the European Union or European Economic Area, under the terms of the provisions in chapter VI of Decree-Law no. 92/2010, of 26 July, and number 2 of article 51 of Law no. 9/2009, of 4 March, amended by Law no. 41/2012, of 28 August, namely through the Sistema de Informação do Mercado Interno (Information System of the Internal Market).

Article 108.-B
Alternative settlement of disputes

The use of arbitration or other alternative means of settlement of disputes is permitted for disputes arising from the application of the present decree-law.

Article 109.
Revocation provision

1 - the following are revoked:

a) Decree-Law no. 59/2000, of 19 April;
b) Decree-Law no. 68/2005, of 15 March;
c) Numbers 5 to 7 of article 19 and 5 to 7 of article 26 of Law no. 5/2004, of 10 February.

2 - (Revoked.)

Article 110.
Entry into force

1 - The present decree-law shall enter into force on the day following its publication.

2 - The certificate of compliance of the installation of telecommunications infrastructures in buildings foreseen in Decree-Law no. 59/2000, of 19 April, is not required for purposes of attribution of authorisation of use of the buildings, whose respective procedures are pending on the date of entry into force of the present decree-law.

ANNEX I

Costs related to ITED and ITUR inspection actions

Costs related to inspection action measures (by action) - 527.00 euros.

ANNEX II

Template of the statement and certification foreseen in number 7 of article 20

Template of the statement foreseen in numbers 5 and 7 of article 20

Statement - Template of the statement foreseen in numbers 5 and 7 of article 20.

Template of the certification foreseen in numbers 6 and 7 of article 20

Template of the certification foreseen in numbers 6 and 7 of article 20.

ANNEX III
Template of the label foreseen in number 3 of article 57

ITED - Template of the label foreseen in number 3 of article 57.

In order to enable greater exposure, the additional posting of ITED labels can be considered, on locations where the installer deems appropriate.

The characteristics of the label should be as follows:

1 - Colours

Whenever possible, the ITED label should be printed in Pantone.
Background: white.
Rule: black.
«Cumpre o» (Compliant): grey.
Pantone: 430C.
Four-colour printing (CMYK): 5% cyan and 45% black.
RGB: R=128; G=136; B=137.
«ITED» and «Infraestruturas de Telecomunicações em Edifícios» (Telecommunication Infrastructures in Buildings): black.
Pantone: 100% black.
Four-colour printing (CMYK): 100% black.
RGB: R=0; G=0; B=0.
Symbols of the logo: yellow (the two first and the two last columns) and grey (the two central columns).
Pantone: yellow (123C); grey (430C).
Four-colour printing (CMYK): yellow (20% magenta and 100% yellow); grey (5% cyan and 45% black).
RGB: yellow (R=255; G=204; B=51); grey (R=128; G=136; B=137).
«Apto para banda larga» (Suitable for broadband): yellow background and black text.
Pantone: yellow background (123C); black text (100% black).
Four-colour printing (CMYK): yellow (20% magenta and 100% yellow); black text (100% black).
RGB: yellow background (R=255; G=204; B=51); black text (R=0; G=0; B=0).

2 - Type of letter

Cumpre o Ited (Itad Compliant) in the key. Suitable for broadband has the ITC Symbol font in «bold italic» and «bold».

ITED - Type of letter.

3 - Grid

Annex III - ITED - Grid.

4 - Size of the label

4.1 - Minimum size of the label
85 mm × 50 mm

4.2 - Maximum size of the label 125 mm × 73 mm
The ITED label can be larger than the maximum indicated in the present annex in cases justified by the size of the individual telecommunications cabinet (ATI) and the building telecommunications cabinet (ATE) in order to permit greater exposure.

Planeamento e das Infraestruturas (Planning and Infrastructures)

Decree-Law

Article 1Object

Article 2Amendment to Decree-Law no. 123/2009, of 21 May

Article 3.Amendment to Decree-Law no. 123/2009, of 21 May

Article 4.Amendment of annexes I, II and III of Decree-Law no. 123/2009, of 21 May

Article 5.Systematic amendments to Decree-Law no. 123/2009, of 21 May

Article 6.Centralised Information System

Article 7.Transitory provision

Article 8.Revocation provision

Article 9.Republication

Article 10.Effective start date

ANNEX I(referred to in article 4)

ANNEX II(referred to in article 9)

CHAPTER IObject, principles and definitions

ANNEX I

Costs related to ITED and ITUR inspection actions

ANNEX II

Template of the statement and certification foreseen in number 7 of article 20

ANNEX IIITemplate of the label foreseen in number 3 of article 57

Article 1
Object

Article 2
Amendment to Decree-Law no. 123/2009, of 21 May

Article 3.
Amendment to Decree-Law no. 123/2009, of 21 May

Article 4.
Amendment of annexes I, II and III of Decree-Law no. 123/2009, of 21 May

Article 5.
Systematic amendments to Decree-Law no. 123/2009, of 21 May

Article 6.
Centralised Information System

Article 7.
Transitory provision

Article 8.
Revocation provision

Article 9.
Republication

Article 10.
Effective start date

ANNEX I

(referred to in article 4)

ANNEX II
(referred to in article 9)

CHAPTER I
Object, principles and definitions

ANNEX III
Template of the label foreseen in number 3 of article 57