Public notice is hereby given that, for the purpose of paragraph 1 of article 98 of the Administrative Procedure Code, the Board of Directors of Autoridade Nacional de Comunicações (ANACOM), within the framework of powers set out in points b) and u) of paragraph 1 of article 8, and in the exercise of the regulatory power set out in point a) of paragraph 2 of article 9, both of ANACOM’s Statuteshttps://www.anacom.pt/render.jsp?contentId=1351851, approved by Decree-Law No 39/2015, of 16 March, in pursuit of the general objectives set out in point b) of paragraph 1 of article 5 and under paragraph 6 of article 169, both of the Electronic Communications Lawhttps://www.anacom.pt/render.jsp?contentId=1737530, approved by Law No 16/22, of 16 August, decided on 28 March 2023 to launch the procedure for the drafting of a regulation defining the rules and procedures to be followed by companies providing public electronic communications networks and publicly available electronic communications services at a fixed location for the calculation, settlement and payment of the municipal fee for rights of way (MFRW) to municipalities.
The TMDP is determined by applying a percentage to the total monthly bill issued by companies providing publicly available electronic communications networks and services at a fixed location to all end customers in the municipality concerned, whereby the aforementioned percentage, which may not exceed 0.25%, is approved annually by each municipality by the end of December of the previous year.
The current procedure aims to establish the rules and procedures for the calculation, settlement and payment of MFRW to municipalities, in accordance with paragraph 6 of article 169 of the Electronic Communications Law, approved by Law No 16/2022 of 16 August.
Interested parties may, within 15 working days of this publication, i.e. until 21 April 2023, send to ANACOM, in writing and in Portuguese, any contributions that they consider should be taken into account in the drafting of these regulations, to regulamento.tmdp@anacom.ptmailto:regulamento.tmdp@anacom.pt.
ANACOM will assess the contributions submitted by interested parties and take them into account in the preparation of the draft regulation, on which interested parties will be able to comment when it is submitted for public consultation, in accordance with article 10 of ANACOM’s Statutes, article 101 of the Code of Administrative Procedure and article 10 of the Electronic Communications Law, through publication on ANACOM’s website (www.anacom.pthttps://www.anacom.pt/render.jsp?categoryId=2958) and in Series II of the Official Gazette.
Lisbon, 28 March 2023.
Consult:
- Approval of the launch of the regulatory procedure to define the rules and procedures for the calculation, settlement and payment of the municipal fee for rights of way (MFRW) https://www.anacom.pt/render.jsp?contentId=1742075
