Presidência do Conselho de Ministros (Presidency of the Council of Ministers)
Resolution of the Council of Ministers
(This is not an official translation of the law)
In view of the large-scale forest fires which have affected Portugal, the situation of specific hazards and the new challenges posed by these fires to security and emergency communications, the Government deems it essential to promote the use of underground infrastructure for the installation of electronic communications networks.
In this context, it is essential to carry out a comprehensive survey of all infrastructure suitable for carrying electronic communications networks, as already initiated by Infraestruturas de Portugal, S.A. in the municipalities of Pedrógão Grande, Castanheira de Pêra, Ansião, Alvaiázere, Figueiró dos Vinhos, Arganil, Góis, Penela, Pampilhosa da Serra, Oleiros and Sertã, and also to carry out a detailed technical analysis of the adaptation work to be undertaken, giving basis to the investment to be made by all the operators which participate in this solution.
An analogous study is underway in other regions with similar hazard characteristics.
It is also essential that all parties involved contribute decisively to this solution, which will make it possible to increase and enhance measures and resources of prevention and emergency response, in particular with regard to electronic communications networks and services.
Autoridade Nacional de Comunicações (ANACOM) has prepared a preliminary report on "Forest Fires - Measures for the Protection and Resilience of Electronic Communications Infrastructure", based on an assessment carried out on the ground, the recommendations of the International Telecommunication Union and the best practices employed in other countries. This work will be developed further. In the framework of the preliminary report, ANACOM has already identified an initial set of measures aimed at enhancing the protection and resilience of electronic communications infrastructure; these include the establishment of technical requirements for the protection of electronic communications network infrastructure, giving priority to the conversion of aerial routes to underground routes and the installation of underground routes in place of aerial routes, taking advantage of already existing suitable infrastructure, such as ducts in roads.
In addition, the proposals put forward in the report by the Comissão Técnica Independente (Independent Technical Commission) emphasise, in particular, the need to ensure that the optical fibre network makes use of underground ducts in roads wherever possible.
In this context, and without prejudice to measures supporting the immediate restoration of infrastructure, equipment and property located in areas affected by forest fires, as determined in particular by Resolution of the Council of Ministers no. 101-A 2017 and Resolution of the Council of Ministers no 101-B/2017 (both of 12 July), by Resolution of the Council of Ministers no. 148/2017 of 2 October, and by Decree-Law no. 87/2017 of 27 July, it is imperative to proceed immediately to make use of the infrastructure of Infraestruturas de Portugal, S.A. to bury existing and future network components, including cables, under roads, to the extent possible in affected regions, and to promote the use of such infrastructure throughout the country.
Accordingly:
Pursuant to point g) of article 199 of the Portuguese Constitution, the Council of Ministers resolves:
1 - To order Infraestruturas de Portugal, S.A. (IP, S.A.), as regards infrastructure which is suitable for carrying electronic communications networks and which it administers, by law or delegation, and on the basis of its reference offer (ORIP), to promote the conclusion of addenda to contracts or promote specific contracts with electronic communications operators, with a view to enhancing the use by these operators of the technical channel in roads.
2 - To establish that, for this purpose, inclusion of the following special conditions in addenda to contracts or in such contracts as are concluded:
a) Operators, owners or users of electronic communications networks and infrastructure comprising aerial routes seeking to replace such infrastructure or seeking to create redundancy with the use of the technical channel in roads shall benefit from:
i) a three-year period in which they will be exempt from payment of the consideration for the access and use of their infrastructure;
ii) A reduction of 30% in infrastructure usage expenses over the value of the ORIP as on the date of publication of the present Resolution, which reduction is to be maintained for up to five years subsequent to the exemption period, provided that the resulting value is lower than that in the prevailing ORIP, in municipalities with a high degree of risk of natural disaster occurrence, to be identified by order of the member of the Government responsible for infrastructure;
b) The remaining operators seeking use of the technical channel in roads will benefit from a reduction of 30% in infrastructure usage expenses over the value of ORIP as on the date of publication of the present Resolution, which reduction will be maintained for a period of up to eight years from the time of installation, provided that the resulting value is lower than that of the prevailing ORIP, in municipalities with a high degree of risk of natural disaster occurrence, to be identified by order of the member of the Government responsible for infrastructure.
3 – To indicate that the execution of addenda to specific contracts or of contracts referred to in the previous paragraph remains exempt from any acts and formalities to be performed by third parties, whereby the operator benefits from free access to the record information on technical channels in roads during the exemption period.
4 - To determine that all necessary steps should be taken to provide IP, S.A. with the powers of administration and management of the technical channel of roads granted in concession by the Portuguese State to other concessionaires other than IP, S.A., whose administration and management are not contractually attributed to them.
5 - To determine that operators must adhere to the special conditions defined in the present Resolution within a maximum period of one year from the date of its publication.
6 - To determine that the present Resolution takes effect on the day subsequent to that of its publication.
Presidency of the Council of Ministers, 21 October 2017. - The Prime Minister, António Luís Santos da Costa.
