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Decree Law No. 92/2017


Publication: Republic Diary No. 146/2017, Series I of 2017-07-31
  • Issuer: Planning and infrastructure
  • Diploma Type: Decree Law
  • Number: 92/2017
  • Pages: 4368 - 4409

Summary in plain english

What is it?

This decree-law:

  • defines new rules for:
    • building infrastructures for electronic communications networks
    • installing electronic communication networks
    • building telecommunications infrastructures in allotments, housing developments and buildings
  • introduces into Portuguese law the European directive 2014/61/EU on measures to reduce the cost of installing high-speed electronic communications networks.

High-speed electronic communications networks are infrastructures that enable high-speed data transfer, such as fibre-based internet access facilities.

What will change?

Some rules on the installation and development of electronic communications networks will change.

Mandatory information on network infrastructures

It will be mandatory to include information on the network infrastructures available in the Suitable Infrastructure Information System.

This system — formerly known as the Centralized Information System — will ensure permanent access to up-to-date information about the network of suitable infrastructures. For this, an electronic platform has been created, managed by the National Communications Authority (ANACOM).

The performance of this system is fundamental for ensuring that telecommunications companies have access to suitable infrastructures and that municipalities know suitable infrastructures exist in their region.

Suitable infrastructures — or suitable infrastructures for housing electronic communications networks — are those parts of a network that serve to house other elements of this network, such as: pipes, poles, masts, conduits, boxes, cabinets, buildings or entrances to buildings, towers or antenna installations.

Extension and clarification of ANACOM's powers in case of disputes

ANACOM will be able to intervene in more types of conflicts related to the installation and use of networks.

The rules for requesting ANACOM to intervene in these conflicts are clarified along with the criteria and principles this authority must apply to make its decisions.

Protection of access rights to infrastructures

A system will be set up to prevent disputes about who holds the rights to suitable infrastructures, which can obstruct electronic communications companies' access to these infrastructures.

What are its benefits?

This decree-law is intended to:

  • facilitate and encourage the installation of high-speed electronic communications networks
  • promote the use of existing infrastructures by several telecommunication operators, for greater efficiency in the installation of new structures
  • ensure greater transparency, efficiency and rigor in the use of existing infrastructures
  • reduce the costs of installing high-speed electronic communications networks
  • ensure that there is a minimum set of rights and duties that applies throughout the European Union.
When does it come into effect?

This decree-law comes into effect the day after being published.

Original Version

LEGAL TRANSLATOR

  • Legal translator is the translation of texts within the field of law

CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.