Ministério das Obras Públicas, Transportes e Comunicações (Ministry for Public Works, Transport and Communications)
Decree-Law
(This is not an official translation of the law)
The actual Regulation of the Radiocommunications Amateur, approved by the Regulatory Decree-Law no. 56/83, of 23 June, clusters a multiplicity of normative provisions containing, along with norms which define concepts and establish general principles, others which establish mere administrative procedures and also norms with technical contents.
The density of the contents of the mentioned Regulation contributes for the high complexity and extension of that diploma whose structure is urgent to reformulate.
By other hand, since the publication of that Regulation until the present one, deep modifications have occurred in the applicable normative framework and so it is justified the establishment of a new legal discipline for the radiocommunications amateur service.
In this domain, certain matters are specially revised - namely concerning the amateur categories, the frequency bands and transmission classes and examination matters - and it is contemplated, expressly, the acquired practices in the process of time and deprived of legal consecration.
The expressed principles in the Regulation of Radiocommunications in force, annex to the to the International telecommunications Convention are here accepted, as well as the principles arising from the European Conference of Posts and Telecommunications (CEPT), where Portugal is a undersigned, namely, the included in the CEPT Recommendation T/R 61-01 and CEPT Recommendation T/R 61-02.
Hence:
Under the terms of subparagraph a), of the nr. 1 of article 201 of the Constitution, the Government decrees as follows:
CHAPTER I
General Provisions
Article 1
Concepts
For the present diploma purposes, one understands by:
a)Radiocommunications: any transmission, emission or reception of symbols, signals, text, images, sounds or information of any nature, by means of radioelectrical waves, including the phusical phrnomrna of electromagnetic energy transfer by induction into the space and the transmission by an artificial guide when the latter was not designed to ensure such a transmission without causing radiation into the outer space of its conductors;
b)Radiocommunications service: a service which implies the transmission, emission or the reception of radioelectrical waves for telecommunications specific purposes.
c)Amateur service: a radiocommunications service which purpose is the individual training, the intercommunication and the technical study made by amateurs, i.e., by duly authorised people who take an interest in radioelectrical technology on a purely personal and non-pecuniary levels;
d) Amateur satellite service: a radiocommunications service using space stations inside Earth satellites for the same purposes as those of an amateur service.
e) Amateur: any person who is the holder of a valid amateur licence, issued under the terms of this Regulation;
f)Certificate of national amateur: document which allows to its holder the operation of an amateur station;
g)HAREC: examination certificate of amateur ability issued under the terms of Recommendation T/R 61-02 of European Conference of Posts and Telecommunications (CEPT) which allows to its holder the grant of a license for a national amateur station;
h)License for a national amateur station: document which allows to its holder the use of his own amateur station;
i)License for a CEPT amateur station: document issued under the terms of CEPT Recommendation T/R 61-01 which allows to its holder the use of a mobile or portable amateur station;
j)Radiocommunications station: one or more transmitting equipment or transceivers, including the ancillary apparatus, necessary to ensure a radiocommunications service or a radio astronomy service in a given place;
l)Amateur station: an amateur operation station;
m)Repeater station: an amateur station which makes the automatic repetition of the received emissionsfrom other amateur stations;
n)Radiobeacon station: emitting station whose emission features allow the carry out of propagation trials within the amateur services scope;
o)Transmitter power of an amateur: calculated power through the sum of the maximum anode or collector dissipations, of all the valves or transistors, or other equivalent solid state components to be found on the transmitter output final stage, in accordance with the data supplied by the manufacturer.
Article 2
Amateur Categories
1 - Amateurs are grouped into the categories A, B and C which allow the operation of amateur stations with the maximum power, respectively, of 1500 W, 750 W and 150 W, working in the frequency bands of the amateur service established in the administrative ruling issued by the Government member responsible by the communications domain.
2 - Acceptance into categories B and C is only dependent upon passing the ability examination for the respective category.
3 - Acceptance into category A shall only be authorised to Category B amateurs, who cumulatively, having passed the respective test, have also operated their own station during the last two years and have, during the previous twelve months, complied with the regulations in force.
4 - The exercise of the privileges inherent to any given amateur category presupposes the record in the respective certificate of national amateur, after passing his ability test.
CHAPTER II
Admission conditions for an amateur
Article 3
Amateur ability tests
1 - The ivdividuals, with age older than 16 years, citizens of the Member States of the European Union or citizens of third States with whom Portugal has signed reciprocity agreements and who are legally resident in Portugal may apply for the ability tests of any amateur category.
2 - Applications for amateur ability tests are made to Communications Institute of Portugal.
3 - Facilities might be granted for taking the examinations to the physical and sensorial handicapped individuals, not inhibiting them to carry out of the amateur activity, provided that they confirm their condition.
4 - The procedures to be complied for taking the amateur ability tests, as well the matters of the mentioned examinations, shall be approved via an administrative rule issued by the Government member responsible by the communications domain.
Article 4
Certificate of national amateur
1 - The certificate of national amateur is granted by ICP to the applicants who have passed the ability tests.
2 - The holder of a certificate of national amateur is entitled to operate any amateur station whose features correspond to the category for which he has passed the examination.
Article 5
HAREC certificate
1 - It is incumbent upon ICP the issue of HAREC certificates.
2 - The passed candidates in the ability tests concerning the amateur categories A and B may request to ICP the issue of the HAREC certificate, in accordance with the established in an administrative rule issued by the Government member responsible by the communications domain.
CHAPTER III
License for an amateur national station
Article 6
Grant of a license for an amateur national station
1 - Amateur licences may be granted to:
a)Successful candidates in the amateur ability tests;
b)Foreign citizens, holders of a HAREC certificate who stay in Portugal for more than three months;
c)Citizens of States with whom Portugal has signed reciprocity agreements and who are holders of a valid license of amateur station, issued by the competent authorities and who have residence permits in Portugal;
d)Portuguese citizens who live or have held residence in countries with which Portugal has reciprocity agreements and are holders of a valid amateur licence issued by that country's competent authorities;
e)Portuguese citizens who live or have held residence in a CEPT member state and who are holders of a HAREC certificate issued by that country's competent authorities;
2 - Temporary licences of amateur national station, for periods of 30 days, renewable for an equal period, may be granted to:
a)Citizens of States with whom Portugal has signed reciprocity agreements and who are holders of a valid license of amateur station, issued by the competent authorities;
d)Portuguese citizens under the conditions mentioned in subparagraph d) of the preceding point.
3 - Legally constituted amateur associations might be granted licences for the installation of amateur stations, repeater and radiobeacon stations, since their managing bodies are formed by members holding certificates of national amateurs.
4 - The amateur associations are fully responsible for the usage of the radiocommunications stations mentioned in the preceding point.
5 - The procedures to be comp+lied with to apply for license issue, renewal or updating of an amateur national station shall be established by an administrative rule issued by the Government member responsible by the communications domain.
Article 7
Rights and duties of a licence holder of amateur national station
1 - The rights of a license holder of amateur national station are:
a) Installation and use of a station set up by radioelectrical equipment and radiating systems of artisanal construction or industrial production;
b)To share with other amateurs the use of the same station;
c)Car installation of the equipment mentioned in subparagraph a);
d)Use, through a prior ICPs authorization, the equipment mentioned in subparagraph a) on shipboard.
2 - The duties of a license holder of amateur national station are:
a) Presentation of the license whenever requested by the competent monitoring entities;
b)To permit the access his radioelectrical installations to the duly credentiated ICP monitoring agents, providing them all required information for the performance of their job.
3 - In the cases where the holder of license of an amateur national station is an amateur association, the latter is specially obliged to:
a) To send, every year, the activity report approved by the general assembly;
b)To communicate to ICP, within a 60 days period, any modifications in the articles of association or social bodies.
Article 8
License issued by a EU Member State
The holders of license of an amateur station issued by a European Union Member State are compared, for the provision purposes of the present diploma, to the holder of license of an amateur national station.
Article 9
License of a CEPT amateur station
1 - To the holder of license of an amateur station might be assigned a license of a CEPT amateur station by means of an application addressed to ICP for that purpose.
2 - The procedures for the issue of an emission license of a CEPT amateur station and the license model of the CEPT amateur station shall be established in an administrative ruling issued by the Government member responsible by the communications domain.
3 - The holder of a license of a CEPT amateur station may, during his temporary stays in Portugal, use a mobile or portable station for amateur service, based in the application of the relevant CEPT recommendations, namley the Recommendation T/R 61-01.
4 - The foreign holders of a license of a CEPT amateur station are exempt of payment of the temporary utilization charge of a mobile or portable station for amateur service in the national territory.
Article 10
Obligation of a holder of a CEPT amateur station license
1 - The holders of a CEPT amateur station license are speccially obliged to:
a) To comply with the norms stipulated in the Regulations of Radiocommunications annexed to the International Telecommunications Convention, in the CEPT Recommendatipon T/R 61-01 an in the present diploma;
b)To comply with all limitations imposed on him concerning the local conditions of technical nature or by the public powers;
c)To use the calling indicative assigned to his station , preceded by the specific designation CT or CU additioned with the letter M or P according if one is dealing with a mobile or portable station, respectively;
d)To comply with the technical conditions corresponding to the amateur categories, equivalent to the license class of the CEPT amateur station of which are holders;
2 - To the holder of license of a CEPT amateur station is not guaranteed proteccion against eventual prejudicial radioelectrical interferences.
3 - The license classes of a CEPT amateur station and the respective correspondence with the national amateur categories are set forth in an administrative ruling issued by the Government member responsible by the communications domain.
Article 11
Validity and renewal of a amateur national station license
1 - The license of an amateur national station is valid during a five years period, renewable by equal periods.
2 - The licence renewal requests should be filed within ninety days period before the validity term.
3 - Whenever the renewal request is made after the validity term and up to one year period, the holder stays hindered during this period to carry out the amateur serviceas well as subjected to the payment of an overchage by each month of delay in the license renewal filing.
4 - Whenever a modification of any features or indications mentioned in the license occurs, the holder should file the respective record and pay the corresponding charge.
5 - After the reception of the new license, his holder should send immediately to ICP the initial license title not modified.
Article 12
Termination
1 - The amateur national station license is terminated whenever the following facts are verified:
a) Holders demise;
b)Activity suspension by the respective holder;
c) The failure to pay the usage fee, under the terms of the stipulated in nr. 2 of article 22.
2 - Under the conditions mentioned in subparagraphs a) and b) mencioned in the preceding point, the amateur or his heirs, if applicable, should return the license to ICP, within a 30 days period, with the indication of the destination given to the whole station equipment.
3 - In the cases mentioned in the preceding point, the interested part should proceed with the equipment dismantle or request its sealing by ICP, or give away the equipment to third parties and, in this case, he should communicate to ICP the new owners name and address.
CHAPTER IV
Amateur stations
Article 13
Exploitation conditions of amateur stations
1- The amateur stations should only be used for communications with other amateur stations, national or foreigners, either directly or through amateur repeater stations.
2 - Foreign amateurs may occasionally operate Portuguese amateur stations which comply with the license characteristics held by him and he must transmit the operated station indicative followed by his own indicative.
3 - In what concerns isolation, protection against fire hazards and personel safety, the installation and usage of the amateur stations must comply with the stipulated in Installations Safety Regulations of Electrical Energy Utilization enacted by Decree-Law nr. 740/74, of 26 December with the modifications introduced by Decree-Law nr. 77/90, of 12 March.
4 - The owner of an amateur station is fully responsible by all committed violations, by the overall damages caused by not meeting the safety technical conditions and the amateur station deficient site.
5- The compliance with the technical conditions which the amateur stations should meet shall be established by an administrative ruling issued by the Government member responsible by the communications domain.
Article 14
Crisis or war time
1 - In a crisis or war time, ICP can requisition the amateur stations for emergency communications, by a request of the competent entities.
2 - Declared a crisis or war time, and whilst this situation lasts, ICP can suspend in the whole or in part the use of the frequency bands allocated to amateur service, by a request of the competent entities.
Article 15
Other emergency situations
1 - The owner of an amateur station might use his station to transmit urgent messagesconcerning human life safeguard, in the occurrence cases of seriuos accidents and natural calamities.
2 - Throughout the emergency situations, the transmission of messages should be done within the frequency bands of the amateur service foreseen for that purpose and established in an administrative ruling issued by the Government member responsible by the communications domain.
3 - In the occurrence case of seriuos accidents and natural calamities, the owner of an amateur station might establish connections with other stations of radiocommunications services.
Article 16
Prohibitions
1 - The holder of an amateur station licence can not modify the equipment of artisanal or industrial production which are part of his station, giving them characteristics corresponding to a higher category than that indicated on the licence.
2 - The radioelectrical equipment of industrial production used in an amateur station whose features have been modified can not be operated without a previous inspaction and approval by ICPs part.
3 - The holder of an amateur station licence can not allow people, who have an amateur category lower than his, to use his station.
4 - The holder of an amateur station licence can not allow the use of his station by foreign people or Portuguese people living abroad not holders of a station license of national amateur or a station license of a CEPT amateur.
5 - The owner of an amateur station can not allow the use of his station Portuguese people not holders of a national amateur certificate.
6 - The use of any amateur fixed station is not allowed in a different place from the recorded in its licence.
7 - The use of any amateur station is not allowed on any airplanes board.
8 - The holder of an amateur station licence can not forge any of the features or indications recorded on it.
9 - The amateur station licence is intransmisible.
Article 17
Forbidden radiocommunications
It is specially forbidden to amateurs to:
a)Use codes in their transmissions, with the exception of those foreseen in the Radiocommunications Regulation of the Telecommunications International Convention or others approved by ICP;
b)Use the amateur stations for illicit ends;
c)Transmit messages from or to third parties, even though received by accidental interception, except when the transmission concerns the safety of human life or other emergency cases;
d)Re-transmit the emissions of radio sound broadcasting or other radio communications services;
e)Transmit music and publicity of any kind;
f)Interconnect amateur station equipment with public telecommunications services;
g)Transmitting false or mischievious call codes or identity signals;
h)Intentionally interfer in the communications of other amateur stations, or any other radiocommunications services;
i)Transmit false alarm signals or tendentious news;
j)Use, in their communications, grossly offensive words or expressions to moral or good manners;
Article 18
Frequency bands of amateur service
1 - Frequency bands and classes of emission reserved for amateur service are those stipulated in an administrative ruling issued by the Government member responsible by the communications domain.
2 - Whenever contests between Portuguese amateurs or between Portuguese amateurs and foreign ones are being held, ICP may authorise, pending a justified request from amateurs or amateur associations, during the period of those contests and for that purpose, the use without restrictions on distance, type of transmission or amateur category, of any frequency bands assigned to amateur service.
Article 19
Calling or listening codes
1 - To amateur stations, ICP assigns calling codes, in accordance with Regulations of Radiocommunications annexed to the International Telecommunications Convention, approved by Decree-Law nr. 39-A, of 1 October.
2 - Exceptionally and during short periods, special calling codes may be assigned to participants in competitions, events or commemorations events with interest, organised by amateurs or amateur associations, pending an application duly jusified addressed to ICP.
Article 20
Radioelectrical interferences
1 - Whenever an amateur station causes interferences in the reception of national services which operate in other frequency bands, ICP shall decide the necessary measures to eliminate such interference, after being verified that this interference does not arise from any deficiency, either in the receiver's features or in its installation, including the respective antenna.
2 - While the interference is not eliminated, either by using the appropriate devices in the amateur station, or using apparatuses which comply with the current technical precepts in the affected service, the amateur station could not operate on that frequency whilst the service is affected.
3 - For the case mentioned in the preceding paragraph, the operating schedule of the amateur station is determined by ICP.
4 - ICP might forbid the amateur stations operation in that frequency, should the service with interferences be of permanent nature and the interference is of such kind that hinders the service carry out.
5 - Should it be possible to eliminate the interference by using special devices, not usual in the installation with the interference, upon agreement with ICP, the owner of the amateur station may undertake the installation of such devices, at his own expense.
6 - As soon as the interference of the amateur stations responsibility has been eliminated, the amateur shall communicate this fact to ICP, in order to be made an extraordinary inspection , and simultaneously the respective fee has to be liquidated.
Article 21
Fiscal monitoring
1 - The fiscal monitoring of the provisions compliance set forth in the present diploma, is of ICPs competence.
2 - For the preceding paragraph purposes, ICP mayproceed with amateur station inspactions, whenever judges it convenient.
CHAPTER V
Fees regime
Article 22
Fees
1 - The accomplishment of the amateur ability examination, the issue of a national amateur certificate, the HAREC certificate, the sealing of the station equipment, the issue, renewal, updating and issue of a second license copy of the national amateur station, the issue and updating of the CEPT license of amateur station, the station use, the grant of listening or special calling codes are liable to fee payments set forth in an administrative ruling issued by the Government member responsible by the communications domain, under the terms of nr. 1, article 9 of Decree-Law nr. 207/92, of 2 October.
2 - Failure to pay the usage fee is liable to interests on late payment stipulated in the fiscal law, without prejudice of, when its overdue payment time is higher then 90 days, having place the application of a surcharge equal to 15% of the involved fee amount.
3 - The amateur associations have usage fee of exemptions concerning the amateur stations.
4 - Reduction in the amount of the usage fee of an amateur station might be granted to physical handicapped individuals, provide that the beneficiary presents an invalidty certificate or permanent disability or its duly certified copy, under the terms to be set by the Government member responsible by the communications domain.
CHAPTER VI
Penalty regime
Article 23
Fines
1 - The following offences are considered to be actionable by fines of PTE 5,000 to PTE 25,000, applicable to individuals, or up to PTE 25,000, applicable to collective persons:
a)No emission or incorrect emission of the calling code;
b)Use of a fixed amateur station in a different place from the recorded on the licence;
c)No compliance with the provision of nr. 3, article 7 of present diploma.
2 - The following offences are considered to be actionable by fines of PTE 10,000 to PTE 50,000, applicable to individuals, or up to PTE 100,000, applicable to collective persons:
a)Use by an amateur of a non-licensed station;
b)Use of words or expressions in communications which are offensive to moral or good manners;
c)Access interdiction of station site to radioelectrical fiscal monitoring agents;
d) Modification of amateur station equipment, giving them characteristics corresponding to a higher category than the one recorded on the licence;
e)To allow the use of his station by a person whose amateur category is lower than his;
f)To allow the use of his station by foreigners or Portuguese living abroad not holding a license of a national amateur station or a license of a CEPT amateur station;
g)To allow the use of his station by Portuguese nationals not holding a national amateur certificate;
h)Use of an amateur station by an individual not holding a national amateur certificate;
i)Failure to present certificate or licence of national amateur station, 15 working days after its request by the competent fiscal monitoring entities;
j)No fulfillment of ICPs notifications to eliminate the radioelectrical interferences which are affecting other radiocommunications services;
l)Use of frequency bands and emission classes different from those authorised for amateur service;
m)Use of emission codes, except for those foreseen in the Radiocommunications Regulations or others approved by ICP.
3 - The following offences are considered to be actionable by fines of PTE 20,000 to PTE 100,000, applicable to individuals, or up to PTE 200,000, applicable to collective persons:
a)Connections setting up with stations of other radiocommunications services, without ICPs prior authorisation;
b)Re-transmission of emissions from radio sound broadcast stations or from other radiocommunications services;
c)Transmission of messages from or intented to third parties, even though intercepted accidentally, except when the transmission concerns human life safety or other emergency cases;
d)Interconnection of the amateur service with public use telecommunications services,
e)Transmission of false calling codes or identity signals with deliberate intention of prejudicating third parties;
f)Transmission of false alarm signals;
h)Use of an amatuer station for illicit ends;
4 - Neglicence is actionable.
Article 24
Additional sanctions
Besides the fines set forth in the preceding article, the following additional sanctions might yet be imposed:
a)Suspension of the amateur station licence between one and three months period, and the sealing of the equipment, for the cases mentioned in nrs. 1 and 2, subparagraphs b), c), d) and l) of article 23;
b)Arrest of the equipment used by the infractor in the cases mentioned in nr. 2, subparagraphs a), h), i), j) and m) of article 23;
c)Termination of the amateur station licence and the sealing of the equipment, up to a two years period, for the cases mentioned in nr. 2, subparagraphs e), f), g) and n), and nr. 3 of article 23;
d)Licence termination of the national amateur station, when its holder is an amateur asociation, up to a two years period, for the unfulfiment case of the mentioned in nr. 3, subparagraphs a and b), of article 7;
The ICP is competent for bringing cases against offenders as foreseen in this diploma, as well as the imposition of the respective fines and additional sanctions.
Article 25
Prosecution of offences
1 - The instruction of the offense procedures to bring forward under the provision of the present diploma is of ICPs jurisdiction.
2 - The imposition of fines and additional sanctions foreseen in the present diploma is of ICPs chairman competence, who has the capability to delegate in other Directors.
3 - 60% of fine amounts revert to State and the others 40% to ICP.
CHAPTER VII
Final Provisions
Article 26
Comparison
1- The amateurs, which at the coming to force date of present diploma, are holders of categories D or C equivalent licenses and category B pass to category B and category A, respectively.
2 - In the situations mentioned in the preceding point, ICP will issue, without any amateurs charges, the corresponding license to the new categories, but for this purpose the interested parts return to ICP their amateur license of national station.
Article 27
Revoked legislation
Herein are revoked the Regulatory Decrees nrs. 56/83 of June 23, and 59/85 of 27 September.
Article 28
Transitory provisions
In the omissive cases, should be applicable the set forth in Decree-Laws nrs. 147/87, of 24 March, and 320/88, of 14 September.
Seen and approved by the Cabinet on 17 November 1994 - Aníbal António Cavaco Silva - Joaquim Martins Ferreira do Amaral. Enacted on 28 December 1994. That this shall be published. The President of the Republic, MÁRIO SOARES. Countersigned on 2 January 1995, The Prime Minister, Aníbal António Cavaco Silva.
