PROCEDURES PROVIDED FOR IN DECREE-LAW NO. 53/2009, OF 2 MARCH, WHICH LAYS DOWN THE RULES THAT APPLY TO AMATEUR SERVICES AND AMATEUR-SATELLITE SERVICES
Pursuant to Decree-Law no. 53/2009, of 2 March, it is incumbent upon ICP - ANACOM to define and publicize the matters contained in paragraph 4 of article 4, paragraph 6 of article 5, paragraph 12 of article 6, paragraph 4 of article 7, paragraph 4 of article 8, paragraph 13 of article 10, paragraph 3 of article 11, paragraph 1 b) of article 13, paragraph 5 of article 16, paragraph 3 of article 17 and article 26 thereof, which are necessary for the implementation thereof.
Therefore, to comply with those provisions, the respective matters are hereby defined and approved:
I
Electronic means used in procedures that involve the communication between ICP - ANACOM and holders of National Amateur Certificates (NAC) or of licenses for non-proprietary stations, as well as in applications to that Authority – article 26 of Decree-Law no. 53/2009
1. Electronic forms shall be created, maintained and made available by ICP - ANACOM on its website, to which:
a) Holders of NACs or of licenses for non-proprietary stations may access by means of personal and non-transferable “identification” and “password”, granted by ICP - ANACOM to all amateurs and holders of licenses for non-proprietary stations;
b) Individuals or entities who wish to apply for an amateur ability exam or for a license for a non-proprietary station, as well as holders of valid qualifying documents issued by CEPT, ITU or a country with which Portugal has a reciprocity agreement, may access by registration.
2. The identification and password provided for in paragraph 1 a) shall be sent by ICP - ANACOM by registered letter, with a request for the sending, preferably by email, of the respective updated data (address, mobile telephone number, email address).
3. The electronic forms aim exclusively to the transmission to ICP - ANACOM:
a) Of communications provided for in paragraph 3, paragraph 4 b) and paragraph 7 a), c) and d), all of article 6, paragraphs 5 and 9 of article 10, paragraph 2 d) of article 13 and paragraph 4 of article 16, all of Decree-Law no. 53/2009;
b) Of applications provided for in paragraph 2 b) of article 3, paragraph 1 of article 4, paragraphs 5 a) and 6 a) of article 6, paragraph 1, paragraph 7 b) and paragraph 8 b) of article 10, paragraph 3 of article 14, paragraph 3 of article 16 and paragraph 5 of article 19, all of Decree-Law no. 53/2009;
c) Of generic communications and information requests.
4. Contacts between ICP - ANACOM and entities referred to in paragraph 1 shall be established preferably via email, to the address supplied by amateurs specifically for this purpose, namely as regards:
a) Communications provided for in paragraph 5 of article 10 of Decree-Law no. 53/2009;
b) The transmission of information on notifications provided for in Decree-Law no. 53/2009, without prejudice to the formality referred to in paragraph 6 hereof;
c) Disclosure and generic information communications related to the amateur activity.
5. Communications and applications provided for in paragraph 3 a) and b) must be submitted via forms provided for that purpose on ICP – ANACOM’s website.
6. Notifications from ICP - ANACOM provided for in paragraph 3 of article 3, paragraphs 5 b), 6 b), 7 a) and 10 of article 6, paragraphs 2 and 5 of article 10, and paragraph 1 of article 14, all of Decree-Law no. 53/2009, shall continue to be made, in this stage, pursuant to article 70 of the Administrative Procedure Code.
7. Complaints to ICP - ANACOM referred to in paragraph 3 of article 17 of Decree-Law no. 53/2009, as well as communications provided for in paragraph 18 of part IX hereof, shall be sent to the following addresses: monitor.sul@anacom.ptmailto:monitor.sul@anacom.pt or monitor.norte@anacom.ptmailto:monitor.norte@anacom.pt in the Mainland and monitor.acores@anacom.ptmailto:monitor.acores@anacom.pt and monitor.madeira@anacom.ptmailto:monitor.madeira@anacom.pt, respectively in the Autonomous Regions of Azores and Madeira.
8. The “Amateur Area” shall be available until 15 January 2010, and as from this date, this area must be exclusively used to carry out all procedures that involve communications between ICP - ANACOM and holders of NACs or of licenses for non-proprietary stations, as well as applications to this Authority, provided for in Decree-Law no. 53/2009.
9. Until the date set out in paragraph 8, communications and applications shall be carried out preferably via email, without prejudice to other means available.
10. ICP - ANACOM shall define and publicize by the end of 2009 the conditions, methods and rules for the operation and use of the “Amateur Area”.
II
Procedures as regards amateur ability exams, documents issued in case of a pass, subjects covered by these exams per each amateur category and respective conditions of approval – paragraph 4 of article 4 of Decree-Law no. 53/2009
A. Admission to the exam:
1. Candidates to the amateur ability exam may apply to ICP - ANACOM to take it, by filling in the respective form available on ICP – ANACOM’s website, attaching thereto the following particulars:
a) Name;
b) Nationality;
c) Date of birth;
d) Address;
e) Contact telephone;
f) Contact email;
g) Location of the main fixed station;
h) Location of the additional fixed station (where appropriate);
i) Identification document number (ID card, passport or citizen card);
j) Tax number;
k) Copy of the Portuguese residence permit, in case of a candidate who is a citizen of a country outside the European Union;
l) Amateur category applied to;
m) Preferred time and date, as well as location to take the exam: premises of ICP - ANACOM in Lisbon, Oporto, Funchal and Ponta Delgada, or any other location where the ability exam may be taken, to be indicated on ICP – ANACOM’s website;
n) Request for support for physically handicapped and sensory disabled applicants, pursuant to paragraph 3 of article 4 of Decree-Law no. 53/2009, attaching for the purpose a medical confirmation report.
2. Having assessed the application, ICP - ANACOM shall determine the time and date on which the exam may be taken.
3. At the time the exam is taken, the candidate must present the original or authenticated copy of the following documents:
a) One of the identification documents provided for in point i) of the preceding paragraph;
b) The document provided for in point j) of the preceding paragraph;
c) Portuguese residence permit, in case of a candidate who is a citizen of a country outside the European Union;
d) In case of candidates who are minors, a written authorization signed by the respective holders of parental responsibility or guardians, under civil law;
4. The candidate shall only take the exam after the fee provided for in paragraph 1 a) of article 19 of Decree-Law no. 53/2009 has been paid.
B. Ability exam:
1. It is incumbent upon ICP - ANACOM to draw up amateur ability exams, as well as to correct them and to pass or fail candidates.
2. Subjects covered in the ability exams are based on CEPT Recommendation T/R 61-02, ERC Report 32 and ECC Report 89, respectively for categories 1, 2 and 3, and have been specified in Annex 1.
3. The exam consists of a set of 40 questions with 4 alternative answers, where each correct answer is awarded 1 point, no points are awarded for unanswered questions, and each incorrect answer is deducted ¼ point. The candidate must obtain a minimum of 20 points to pass the ability exam.
4. The ability exam for a given category may include questions on subjects covered by exams for previous categories.
5. The ability exam lasts for 60 minutes and no consultation elements are allowed.
6. The candidate is entitled to appeal to the Chairman of the Board of Directors of ICP – ANACOM in case the exam is failed.
C. Documents issued in case of a pass:
1. Where the candidate passes the exam, ICP - ANACOM shall issue or alter the respective NAC as well as, where appropriate, the corresponding CEPT license and international qualification certificate, pursuant to paragraphs 4 and 5 of Part IV and paragraph 1 of Part V, respectively.
III
Procedures and rules for access to amateur categories by holders of valid qualifying documents issued by CEPT, ITU or a country with which Portugal has a reciprocity agreement – paragraph 6 of article 5 of Decree-Law no. 53/2009
1. The following are deemed to be qualifying documents:
a) The HAREC certificate issued by the administration of another country pursuant to CEPT Recommendation T/R 61-02, which gives access to amateur category 1 and to the issue of the corresponding NAC and CEPT license;
b) The Class A Radio-amateur Station Operator Certificate (COER) issued by the Government of the Federative Republic of Brazil, which gives access to amateur category 1 and to the issue of the corresponding NAC and CEPT license;
c) The Class B Radio-amateur Station Operator Certificate (COER) issued by the Government of the Federative Republic of Brazil, which gives access to amateur category 2 and to the issue of the corresponding NAC and CEPT novice license;
2. Holders of a valid qualifying document, issued pursuant to the preceding paragraph, may apply to ICP - ANACOM for the issue of a NAC under paragraph 2 b) of article 3 of Decree-Law no. 53/2009, as well as for the access the corresponding amateur category.
3. The application referred to in the preceding paragraph shall be submitted by filling in the respective form available on ICP – ANACOM’s website, attaching thereto the following particulars:
a) Name;
b) Nationality;
c) Date of birth;
d) Address;
e) Contact telephone;
f) Contact email;
g) Location of the main fixed station;
h) Location of the additional fixed station (where appropriate);
i) Identification document number (ID card, passport or citizen card);
j) Tax number;
k) Copy of the Portuguese residence permit, in case of a candidate who is a citizen of a country outside the European Union;
l) In case of candidates who are minors, a written authorization signed by the respective holders of parental responsibility or guardians, under civil law;
m) Copy of the qualifying document.
IV
Particulars of the NAC, procedures for the issue, amendment, suspension and revocation of the NAC and appropriate CEPT license and indication of the applicable CEPT and ITU recommendations – paragraph 12 of article 6 and paragraph 3 of article 11 of Decree-Law no. 53/2009
1. The NAC and appropriate CEPT license shall consist of a single page printed on both sides.
2. The NAC contains the following particulars:
a) Holder name;
b) Customer number;
c) Amateur category;
d) Date of the category;
e) Date of issue;
f) Expiry date;
g) Location of the main fixed station;
h) Main station call sign.
3. The CEPT license contains the following particulars:
a) Holder name;
b) Address;
c) Expiry date;
d) Main fixed station call sign.
4. Amateurs of categories 1, A and B shall be issued CEPT licenses according to CEPT Recommendation T/R 61-01.
5. Amateurs of category 2 shall be issued CEPT novice licenses according to Recommendation CEPT ECC/REC/(05)06.
6. Duplicates of the NAC or of the appropriate CEPT license may be applied for by the holder.
7. The NAC or appropriate CEPT license are altered:
a) At the request of the amateur, in case of a change of data referred to in paragraph 2 a), g) or h) or paragraph 3 a) or b);
b) On the initiative of ICP – ANACOM, in case of a change of remaining data referred to in paragraphs 2 and 3.
8. Where the amateur requests the NAC suspension pursuant to paragraph 5 a) of article 6 of Decree-Law no. 53/2009, he/she must specifically indicate for how long the suspension is intended to last and also return the NAC.
9. A suspended NAC or appropriate CEPT license may be reactivated, upon request from the respective holder, under the following conditions:
a) At any time, in the situations referred to in paragraph 5 a) of article 6 of Decree-Law no. 53/2009;
b) Provision of proof that fees owed have been paid, in the situations referred to in paragraph 5 b) of article 6 of Decree-Law no. 53/2009.
10. After the NAC or appropriate CEPT license has been revoked or has expired, the respective holder may only obtain a new document by taking an exam.
11. Amateurs who hold revoked or expired NAC of categories A, B and C may not recover the former categories.
12. Where the NAC expires on account of failure by the holder to pay the annual fee provided for in article 19, paragraph 1 h), or because the amateur remained in category 3 for more than 5 years, the NAC holder is not allowed to take a new exam before two years have elapsed from the date on which the expiry took place.
V
Indication of CEPT and ITU recommendations that provide for the issue of an international certificate – paragraph 4 of article 7 of Decree-Law no. 53/2009
1. Amateurs of category 1 who pass the ability exam shall be awarded the HAREC international certificate, pursuant to CEPT Recommendation T/R 61-02, being entitled to apply for the issue of a certificate duplicate.
2. Amateurs of categories A and B may apply for duplicates of the corresponding HAREC-A and HAREC-B certificates issued under legislation repealed by Decree-Law no. 53/2009.
VI
Indication of qualifying documents enabling the use of stations and specific procedures with which the respective holders must comply – paragraph 4 of article 8 of Decree-Law no. 53/2009
1. The following documents qualify the respective holders for the use of amateur stations, during temporary stays in Portugal:
a) CEPT license issued by another administration which adopted CEPT Recommendation T/R 61-01;
b) CEPT novice license issued by another administration which adopted Recommendation CEPT ECC/REC/(05)06;
c) Radio-amateur Station Operator Certificate (COER), of Classes A and B, issued by the Government of the Federative Republic of Brazil.
2. Holders of valid qualifying documents are entitled to use their own stations or those of other amateurs, according to applicable laws and acknowledging, in particular, provisions in the National Frequency Allocation Plan (NFAP) on conditions for the use of frequency bands, as well as in paragraphs 13, 14 and 15 of Part IX hereof on use of station call signs.
VII
Identification of CEPT or ITU recommendations that define the limits for non-essential radiation – paragraph 1 b) of article 13 of Decree-Law no. 53/2009
The maximum levels for non-essential radiation are those defined in CEPT/ERC Recommendation 74-01.
VIII
Elements which must be attached to applications for licenses for non-proprietary amateur stations and issue, alteration and revocation procedures – paragraph 13 of article 10 of Decree-Law no. 53/2009
1. Entities that comply with paragraph 2 of article 9 of Decree-Law no. 53/2009 may apply to ICP - ANACOM for a non-proprietary station license, pursuant to paragraph 1 of article 10 of that statutory instrument.
2. Applications for a non-proprietary station license not involving the allocation of frequencies shall be submitted via the appropriate form available on ICP – ANACOM’s website, attaching the elements provided for in paragraph 1 of article 10 of Decree-Law no. 53/2009.
3. Applications for a non-proprietary station license involving the allocation of frequencies shall be submitted via the appropriate form available on ICP – ANACOM’s website, attaching the elements provided for in Annex 2, according to the respective type of station.
4. For a correct identification of members of amateur association bodies, the respective NAC numbers must be supplied.
5. Holders of non-proprietary station licenses may apply for license duplicates.
6. Non-proprietary station licenses shall be altered:
a) At the request of the license holder, where data found in the license has changed, via an application for that purpose, indicating data to be changed and new data;
b) On ICP – ANACOM’s initiative, pursuant to paragraph 7 a) of article 10 of Decree-Law no. 53/2009, notifying the license holder that such alteration has been performed.
7. Non-proprietary station licenses shall be revoked:
a) At the request of the license holder, via an application for that purpose, indicating the date as from which he/she intends the revocation to take effect;
b) On ICP – ANACOM’s initiative, pursuant to paragraph 8 a) of article 10 of Decree-Law no. 53/2009, notifying the license holder of the revocation and respective reasons.
IX
Rules for the assignment and use of station call signs (CS, OCS and AOCS) – paragraph 5 of article 16 of Decree-Law no. 53/2009
1. The assignment of call signs (CS) to main and additional fixed stations, pursuant to article 16 of Decree-Law no. 53/2009 shall take into account call sign formation procedures, laid down in article 19 and Appendix 42 of the Radio Regulations, the geographical area of the station location, the station ownership and the amateur category, according to provisions in Annex 3.
2. Upon request from amateurs or amateur associations, ICP - ANACOM may also assign:
a) An occasional call sign (OCS), valid up to seven days, to a fixed amateur station owned by amateurs of any category, except category 3, who wish to participate in a contest or event;
b) An annual occasional call sign (AOCS) to a fixed amateur station owned by amateurs of categories 1 or A, who wish to participate in contests or events organized by amateurs or amateur associations.
3. Applications for OCS referred to in point a) of the preceding paragraph shall be submitted via the appropriate form available on ICP – ANACOM’s website, attaching the following elements:
a) Identification of the contest or event and respective period;
b) OCS assignment period;
c) CS of the fixed amateur station to which the OCS is assigned;
d) Location of the amateur station during the period, if different from the registered fixed location;
e) In contests, and if so desired, request that the provision in paragraph 12 b) is not applied, in which case a list of amateurs who will use the station with OCS must be supplied;
f) List of preferred OCS.
4. Applications for AOCS referred to in point b) of paragraph 2 shall be submitted via the appropriate form available on ICP – ANACOM’s website, attaching the following elements:
a) Identification of contests or events and respective periods for the year under consideration;
b) CS of the fixed amateur station to which the OCS is assigned;
c) Location of the amateur station during periods, if different from the registered fixed location;
d) In contests, and if so desired, request that paragraph 12 b) is not applied, in which case a list of amateurs who will use the station with OCS must be supplied;
e) List of preferred AOCS.
5. The AOCS holder shall submit to ICP - ANACOM data on point a) of the preceding paragraph, as well as all on any alterations to the approved plan, at least 10 days ahead of the first contest or event, and shall only use the respective AOCS after ICP - ANACOM confirms reception of such information.
6. The CS of an individual main fixed amateur station shall consist of a prefix obtained according to Annex 3 and a suffix made up by 3 letters, in a sequential fashion, from AAA to ZZZ.
7. The CS of an individual additional fixed amateur station is the same as the CS of the same holder’s main fixed station, followed by “/1”.
8. The CS of a non-proprietary amateur station that does not require the allocation of frequencies shall consist of a prefix obtained according to Annex 3 (NP or CP, according to whether the holder is an amateur association or a competent civil protection body) and a suffix of the holder’s preference, made up from 2 to 4 characters, the last of which must be a letter.
9. The CS of a non-proprietary amateur station that requires the allocation of frequencies shall consist of a prefix obtained according to Annex 3 (NP) and a suffix of the holder’s preference, made up between 2 to 4 characters, the last of which must be a letter.
10. The change in an amateur’s category determines the alteration of the CS prefix of the respective main amateur station and, where appropriate, of that of the additional amateur station, the suffix remaining unchanged.
11. The OCS and AOCS shall consist of a prefix obtained according to Annex 3 and by a suffix made up by 1 or more characters, the last of which must be a letter.
12. When establishing a communication, the amateur shall comply with the following procedures:
a) To transmit its station CS at the beginning and end of each call;
b) In order to use an amateur station of which the amateur is not the holder, he/she must transmit the CS of the operated station followed by its own station CS, except in the situations provided for in paragraph 3 e) and 4 d);
c) When using a mobile amateur station, the amateur must transmit the CS followed by the word “mobile” or the characters “/M” and the respective location;
d) When using a portable amateur station, the amateur must transmit the CS followed by the word “portable” or the characters “/P” and the respective location.
13. Where an amateur establishes communications under a CEPT license issued by another Administration, in addition to compliance with the provision in the preceding paragraph, he/she shall also transmit its amateur station CS with the following leading prefixes:
a) “CT7” where the operation takes place in an amateur station located in the POR geographical area;
b) “CT8” where the operation takes place in an amateur station located in the AZR geographical area;
c) “CT9” where the operation takes place in an amateur station located in the MDR geographical area.
14. Where an amateur establishes communications under a CEPT novice license issued by another Administration, in addition to compliance with the provision in paragraph 12, he/she shall also transmit its amateur station CS with the following leading prefixes:
a) “CS7” where the operation takes place in an amateur station located in the POR geographical area;
b) “CS8” where the operation takes place in an amateur station located in the AZR geographical area;
c) “CS9” where the operation takes place in an amateur station located in the MDR geographical area.
15. Where an amateur establishes communications under a valid qualifying document, issued by a country with which Portugal has a reciprocity agreement, in addition to compliance with the provision in paragraph 12, he/she shall also emit its amateur station CS with the following leading prefixes:
a) “CR7” where the operation takes place in an amateur station located in the POR geographical area;
b) “CR8” where the operation takes place in an amateur station located in the AZR geographical area;
c) “CR9” where the operation takes place in an amateur station located in the MDR geographical area.
16. Competent civil protection entities may distribute call signs to amateur stations that collaborate in emergency exercises or situations, whether such stations are civil protection stations or not.
17. Referred stations are hereby generally assigned by ICP - ANACOM, for temporary use, the signs that consist of the prefix CR0 and a suffix between 2 and 4 characters, the first of which must be a number and the last a letter.
18. In case of exercises, where competent civil protection entities identify the need for the distribution of station signs, the following elements must be submitted to ICP – ANACOM:
- Period of operation of stations;
- Location of stations in case they have a fixed nature;
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List of signs to be distributed.
X
Procedures for the communication of situations of interference in amateur stations – paragraph 3 of article 17 of Decree-Law no. 53/2009
1. In case of interference in the scope of the amateur service (amateurs on amateurs), amateurs shall endeavour all efforts to investigate and remediate the matter between themselves.
2. In case of interference caused by sources outside amateur and amateur-satellite services, or in the situations mentioned in paragraph 1, where matters were not able to be settled, the holder of the interfered station may complain about the problem to ICP – ANACOM, supplying the following data:
a) Identification of the claimant amateur: name, address and contact number;
b) Reference of the station subject to interference, with a brief indication of the station structure: transmitter/receiver equipment, antenna transmission line and radiation characteristics;
c) Reference to the situation, by:
- Indicating the interfered frequency or frequency band,
- Classifying the interference according to the Radio Regulations (harmful or not),
- Locating the interference (in case it is mobile or portable);
- Indicating the date on which the situation started;
- Characterizing the interference (if possible in spectral terms);
- Indicating the interference frequency;
- Describing activities pursued in the scope of the investigation of the interference;
d) Identification of the possible sources of interference, if necessary by characterizing the electromagnetic environment: indication of radio facilities able to radiate electromagnetic fields close to the station under consideration.
3. ICP - ANACOM is entitled not to consider interference complaints which fail to provide data referred to in the preceding paragraph.
4. ICP - ANACOM may request further information from the claimant, where deemed to be necessary for the settlement of the interference situation.
Consult:
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Annex 3: List of call sign prefixes.
(PDF 205 KB)
See also:
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Relatório da audiência prévia
(PDF 226 KB)
