Diário da República, 1st series - Issue 4 - January 5th, 2017
PLANNING AND INFRASTRUCTURES
Decree-Law No. 1/2017
of January 5th
The 21st Constitutional Government's program establishes the priorities to strengthen, simplify and digitize the Administration, with the purpose of making it more efficient and facilitating the lives of citizens and companies through the launch of the SIMPLEX+ 2016 program.
By the present decree-law it is intended to comply with some measures of this program, namely «Simple stamps» and «Citizen Band».
With the measure «Simple stamps», the form of approval of acts regarding the issuance of postage stamps is changed, by other public means of public disclosure of easier access and consultation, namely the elimination of the obligation of approval of the stamps by dispatch ministerial.
With regard to the «Citizen Band» measure, liberalization is now foreseen for access by natural and legal persons, eliminating the need to register users with the Autoridade Nacional de Comunicações and bringing it into line with the general regime applicable to the licensing of networks and radiocommunication stations, approved by Decree-Law No. 151-A/2000, of July 20th, amended and republished by Decree-Law No. 264/2009, of September 28th, and amended by Laws Nos. 20/2012, of May 14th, and 82-B/2014, of December 31st.
It is therefore considered appropriate that the stations of Personal Radio Service - Citizen Band be governed by general regime of radiocommunications.
The elimination of the obligation to register users does not affect the operation of the Personal Radio Service - Citizen Band stations and promotes simplification and bureaucratization of the processes.
Finally, it is expected that the Autoridade Nacional de Comunicações will take the appropriate measures to the transition of regimes, in order to guarantee that there will be situations of nonconformity with the new regime.
So:
Pursuant to Article 198 (1) (a) of the Constitution, the Government decrees the following:
Article 1
Object
The present decree-law proceeds to the:
(a) Attribution of the competence to fix the postal value, to determine the philatelic emission issues and to determine the characteristics of the forms printed on CTT - Correios de Portugal, S.A.;
(b) Elimination of the obligation to register users, passing the stations of Personal Radio Service - Citizen Band to be governed by the general regime of radiocommunications contained in Decree-Law No. 151-A/2000, of July 20th, amended and republished by Decree-Law No. 264/2009, of September 28th, and amended by Laws Nos. 20/2012, of May 14th, and 82-B/2014, of December 31st.
Article 2
Amendment to Decree-Law No. 360/85, of September 3rd
Article 4 of Decree-Law No. 360/85, of September 3rd, amended by Decree-Law No. 2/2011, of January 6th, is replaced by the following:
«Article 4
[...]
1 - The allocation of the postal value and the determination of the entry into circulation of the emissions, as well as the determination of the characteristics of the printed forms, are made by CTT, with publication on its website.
2 - ...»
Article 3
Transitional rule
Within 60 days after the entry into force of this decree-law, the Autoridade Nacional de Comunicações adopts the necessary measures to change the legal regime of the Personal Radio Service - Citizen Band, in particular with regard to the terms if the license exemption, in accordance with Article 9 of Decree-Law No. 151-A/2000, of July 20th, amended and republished by Decree-Law No. 264/2009, of September 28th, amended by Laws Nos. 20/2012, of May 14th, and 82-B/2014, of December 31st.
Article 4
Repeal rule
The following shall be repealed:
(a) Article 12 of Decree-Law No. 360/85, of September 3rd, amended by Decree-Law No. 2/2011, of January 6th;
(b) Decree-Law No. 47/2000, of March 24th.
Article 5
Effect production
The provisions of the previous article shall only take effect 60 days after the date of entry into force of this Decree-Law.
Seen and approved by the Council of Ministers on October 20th, 2016. - António Luís Santos da Costa - Mário José Gomes de Freitas Centeno - Pedro Manuel Dias de Jesus Marques.
Promulgated on December 2nd, 2016.
Post it.
The President of Republic, Marcelo Rebelo de Sousa.
Countersigned on December 15th, 2016.
For the Prime Minister, Augusto Ernesto Santos Silva, Minister of Foreign Affairs.
