Administrative Rule no. 144-A/2003, of 10 of February

Ministério da Economia (Ministry for the Economy)

Administrative Rule

Administrative Rule no. 667-A/2001 of 2 July, following the publication of Decree-Law no. 151-A/2001 of 20 July, introduced amendments to the radioelectric fees which gradually shall bring into line the burden on the radioelectric license holders and the profit derived from the use of radiocommunications networks and stations, thereby also contributing to a more effective use of the radioelectric spectrum.

As pointed out at the time, a transition process had begun, according to which the new methodology would be extended on a phased basis to all categories of radiocommunications services.

The tariff regime now approved carries on this movement, some adjustments and clarifications that contribute to a more distinct fee application being appropriate. As FWA is concerned, the tariff regime set out in Administrative Rule no. 465-A/99 of 25 June remains in force, the frequency bands it applies to having been increased.

Therefore:

Pursuant to paragraph 7 of article 19 of Decree-Law no. 151-A/2000 of 20 July, the Government, through its Ministers for the Economy, hereby orders the following:

1. The fees applicable to the radiocommunications set out in the annex to this Administrative Rule, of which they form integral part, are hereby approved.

2. The amounts determined in Administrative Rule no. 462/98 of 30 July shall apply to the fees of the Amateur Service, and the amounts determined in that Administrative Rule, with the amendments set out in Administrative Rule no.329/2000 of 9 June, shall apply to the fees of the Personal Radio Service - Citizen's Band (CB).

3. To the usage fees regarding the radiocommunications amateurs considered to be physically handicapped shall apply the reduction of 70% determined in Administrative Rule no. 394/98 of 11 June, which shall remain in force.

4. The reduction to be applied to the usage fees of the entities referred to in paragraph 5 of article 19 of decree-Law no. 151-A/2000 of 20 July is set out at 70%.

5. Regarding the temporary licenses provided for in article 13 of Decree-Law no. 151-A/2000 of 20 July, the usage fees to be charged is to be calculated as follows, the minimum applicable fee being set out at (euros)12,47:
Applicable semi-annual fee x (number of days of validity of license /180 days)

6. The administrative fees and the fees for the radioelectric spectrum usage shall be settled in advance, and as regards the latter, semi-annually, in January and July, save for the ones the amount of which is of a value of (euro) 250 or less, in which case the correspondent fees shall be settled on a yearly basis in January.

7. The period of time from the date of issuing of the license up to the first payment shall be taken into account therein, on a proportional basis.

8. Article 1 of Administrative Rule no. 465-A/99 of 25 June, previously amended by Administrative Rule no. 667-A/2001 of 2 July, is hereby amended, and shall be replaced by the following:

«1. The use of each block of frequencies allocated for FWA is subject to the payment of the annual fees presented in the following table:

Regarding the frequency bands 3400 MHz-3800 MHz and 24,5 GHz-26,5 GHz, the following formula shall apply in case new base stations have been additionally installed in regions A and/or B in the course of the previous year:

Ti= € 304 260 [1–0,45 (DEBA/DEB)i-1–0,30 (DEBB/DEB)i-1]

Where:
Ti = annual fee for the spectrum usage, regarding the license applicable for the year i;
DEBA = number of new base stations installed additionally by the operator/provider in Zone A for the year i-1;
DEBB  = new base stations installed additionally by the operator/provider in Zone B for the year i-1;
DEB  = new base stations installed additionally by the operator/provider for the year i-1.

Zone A: includes the districts in the following level 3 units of the Nomenclature of Territorial Units for Statistics (NUTS), established by Decree-Law no. 46/89 of 15 February, as amended by Decree-Law no. 163/99 of 13 May:

Minho-Lima;
Cávado;
Ave;
Tâmega;
Entre Douro e Vouga;
Douro;
Alto Trás-os-Montes;
Pinhal Interior Norte;
Pinhal Interior Sul;
Dão-Lafões;
Baixo Alentejo;
Região Autónoma dos Açores;
Região Autónoma da Madeira.

Zone B: includes the districts in the following level 3 units of the Nomenclature of Territorial Units for Statistics (NUTS), established by Decree-Law no. 46/89 of 15 February, as amended by Decree-Law no. 163/99 of 13 May:

Baixo Vouga;
Baixo Mondego;
Pinhal Litoral;
Serra da Estrela;
Beira Interior Norte;
Beira Interior Sul;
Cova da Beira;
Oeste;
Médio Tejo;
Lezíria do Tejo;
Alentejo Litoral;
Alto Alentejo;
Alentejo Central.»

9. Administrative Rule no. 667-A/2001 of 2 July is hereby repealed.
10. This Administrative Rule shall enter into force on the day following its publication.

The Minister for the Economy, Carlos Manuel Tavares da Silva, on 5 February of 2003.

ANNEX
 

Radiocommunications fees

(see the original document)

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