Ministério das Obras Públicas, Transportes e Comunicações (Ministry for Public Works, Transport and Communications)
Gabinete do Ministro (Minister's Office)
Order
Law no. 5/2004, of 10 February, governing the legal regime of electronic communications networks and services and associated facilities and services, provides in point c) of paragraph 1 of article 105 that the allocation of rights of use for frequencies is subject to an administrative fee.
According to point b) of paragraph 1 of article 16 of the above-mentioned Law, the National Frequency Allocation Plan (NFAP), published on an annual basis by ICP - Autoridade Nacional de Comunicações (ICP-ANACOM) indicates the frequency bands which are reserved and which are to be made available in the following year, in respect of electronic communications networks and services, specifying the cases where rights of use for frequencies are required and the respective allocation procedure, which may consist of a competitive or comparative selection, namely an auction or public tender.
Pursuant to paragraph 4 of article 105 of the referred Law no. 5/2004, the fee due for the allocation of rights of use for frequencies is determined with regard to the administrative costs incurred by ICP-ANACOM in the management, control and enforcement of the general authorisation scheme and of rights of use, which may include costs with international cooperation, harmonisation and standardisation, market analysis, monitoring of compliance and other types of market control, as well as regulatory work involving the preparation and enforcement of secondary legislation and administrative decisions; such a fee is to be imposed on companies in an objective, transparent and proportionate manner which minimises additional administrative costs and associated charges.
Taking into account costs related to administrative, technical and operational tasks related to the allocation, by means of a public tender, of six rights of use for frequencies for the provision of digital terrestrial television broadcasting service, that correspond to different coverage scopes throughout national territory, and well as to the control and supervision of the activity of the respective holders;
Taking into account the additional effort required from ICP-ANACOM in this field;
Under point c) of paragraph 1, paragraph 2 and paragraph 4 of article 105 of Law no. 5/2004, of 10 February, I hereby determine:
That the fee due for the allocation by ICP-ANACOM of each right of use for frequencies for the provision of digital terrestrial television broadcasting service shall be €75.000.
25 February 2008. - The Minister for Public Works, Transport and Communications, Mário Lino Soares Correia.
