PORTUGAL Law and Practice Contributed by: Jorge Silva Martins, João Carminho and Inês Coré, CS’Associados
Moreover, following the entry into force of the Digital Services Act (Regulation (EU) 2022/2065), video-sharing platforms must also comply with stricter measures to combat illegal content online. Administrative Proceedings Under Article 13 of the Portuguese AVMS Law, television activities require a licence if they use terrestrial radio spectrum for broadcasting. Licensing is granted through a public tender ini - tiated by the government and applies to: • organising unconditional access television programme services; and • selecting and aggregating television pro - gramme services with conditional access or subscription-based access. If television activities do not use terrestrial radio spectrum and are instead distributed through a licensed operator, only a mere authorisation is required. Television services broadcasters, on-demand AVMS providers, and video-sharing platform providers are subject to registration with the ERC, the Portuguese Regulatory Authority for the Media.
developments. In this regard, the law applies to the following technologies and services: • traditional telecommunication services (fixed and mobile voice services, internet access services, and transmission services used for broadcasting); • interpersonal communication services and number-independent interpersonal communi - cation services; • Machine-to-Machine (M2M) and Internet of Things (IoT); • private and business communication net - works; • satellite and space-based communication services (including low-earth orbit satellite internet services and earth-station services that enable connectivity via satellites); and • emergency communication and public warn - ing systems. Pre-Marketing Requirements The provision of electronic communications networks or services is subject to a harmonised general authorisation procedure before ANA - COM. Under this regime, individuals or com - panies intending to offer publicly accessible or private electronic communications networks and services must notify ANACOM before intro - ducing these services to the market. However, specific licences, such as administrative authori - sations required by municipalities, may still be necessary. In accordance with the general authorisation framework, companies must submit the follow - ing information. • comprehensive company identification, including the company’s website associ - ated with the provision of publicly available
6. Telecommunications 6.1 Scope of Regulation and Pre- Marketing Requirements The Scope of Local Regulation
Under the Portuguese Electronic Communica - tions Law (Law No 16/2022), which transposes the European Electronic Communications Code (EECC) into national law, the scope of local tel - ecommunications rules has been broadened to reflect technological advancements and market
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