ARLA/CLUSTER: RULES FOR FOREIGN HAM, RESIDENTS OR IN TEMPORARY STAY IN PORTUGAL.

[João Gonçalves Costa]

RULES FOR FOREIGN HAM, RESIDENTS OR IN TEMPORARY STAY IN PORTUGAL, TAKE IN TO CONSIDERATION.

ATTENCION PLEASE: THIS IS NOT A PRECISE TRANSLATION OF THE ORIGINAL LEGAL DOCUCUMENT OR THE OFFICIALLY ADOPTED TEXT FOR ENGLISH. Only the version published in "Diário da República" (the official Portuguese legislation journal) and in the Official Journal of the European Communities (for E.C. regulations) are considered to be authentic.


RULES FOR FOREIGN HAM, RESIDENTS OR IN TEMPORARY STAY IN PORTUGAL, BASED ON THE PROVISIONS OF DECREE-LAW NO. 53/2009, DATED 2 MARCH, WHICH DEFINES THE RULES OF THE AMATEUR RADIO AND AMATEUR- SATELLITE RADIO COMMUNICATIONS SERVICES.

Article 2

Definitions

1 - For the purposes of this Decree-Law, the following definitions shall apply:

a) "Amateur service": a radio communications service that aims for personal training, intercommunication and technical studies carried out by amateurs;

b) "Amateur-satellite service": a radio communications service that uses space stations installed on Earth satellites, for the same purposes as those of an amateur service;

c) "Amateur" or "radio amateur": one who is qualified pursuant hereto;

d) "Amateur station": radio communications station of the amateur service or amateur-satellite service, which may have a fixed, mobile or portable nature;

e) "Fixed amateur station": amateur station which is intended to be used permanently in a specific fixed location;

f) "Mobile amateur station": amateur station which is intended to be used in motion or in non-determined locations, and which requires an external power supply;

g) "Portable amateur station": amateur station which is intended to be used in motion or in non-determined locations, and which is autonomous as far as power supply is concerned;

h) "Individual amateur station": amateur station associated to a national amateur certificate or to a license issued pursuant to applicable recommendations of the European Conference of Postal and Telecommunications Administrations (CEPT) or of the International Telecommunication Union (ITU);

i) "Non-proprietary amateur station": amateur station that operates under a station license and which may be used by a group of amateurs;

j) "Portuguese National Amateur Certificate (NAC)": document issued by ICP-ANACOM which qualifies the holder thereof to use amateur stations;

l) "HAREC": Harmonized Amateur Radio Examination Certificate, according to the applicable recommendation of CEPT;

m) "Amateur station license": administrative qualifying document granted by ICP - ANACOM, which bestows on the holder thereof the right to operate a non-proprietary amateur station, in compliance with conditions and limits set out therein.


2 - Definitions laid down in the radio communications Regulation, published pursuant to the Constitution and ITU Convention, also apply hereto.


RULES TO KEEP IN MAIND FOR FOREIGN HAM RESIDENTS

Article 5

Amateur categories

6 - ICP-ANACOM shall define and publicize procedures to be followed as regards access to amateur categories by holders of valid qualifying documents issued by CEPT, ITU or a country with which Portugal has a reciprocity agreement.


Article 8

Use of stations

1 - Without prejudice to limits set out in the law, NAC holders, except for those in category 3, are entitled to:

a) Use their individual amateur stations, both fixed stations, not exceeding one main station and one additional station, and mobile or portable stations, in compliance herewith and with all performance and procedure rules approved and publicized by ICP-ANACOM pursuant hereto;

b) Use non-proprietary stations;

c) Use, according to their category, individual amateur station of other amateurs, except for amateur stations of category 3;

d) Share the use of their individual stations with other amateurs, according to their category.


3 - To holders of valid qualifying documents issued by CEPT, ITU or a country with which Portugal has a reciprocity agreement shall apply rules provided for in paragraph 1.


4 - It is incumbent upon ICP-ANACOM to publicize the list of valid qualifying documents referred to in the preceding paragraph as well as of specific procedures to which the use of stations by respective holders is subject.


PROCEDURES PROVIDED BY DECREE-LAW NO. 53/2009, OF 2 MARCH, WHICH LAYS DOWN THE RULES THAT APPLY TO AMATEUR RADIO AND AMATEUR-SATELLITE RADIO COMMUNICATION SERVICES

Chapter III

Procedures and rules for access to amateur categories by holders of valid qualifying documents issued by CEPT, ITU or a country with which Portugal has a reciprocity agreement – paragraph 6 of article 5 of Decree-Law no. 53/2009

1. The following are deemed to be qualifying documents:

a) The HAREC certificate issued by the administration of another country pursuant to CEPT Recommendation T/R 61-02, which gives access to amateur category 1 and to the issue of the corresponding NAC and CEPT license;

b) The Class A Radio-amateur Station Operator Certificate (COER) issued by the Government of the Federative Republic of Brazil, which gives access to amateur category 1 and to the issue of the corresponding NAC and CEPT license;

c) The Class B Radio-amateur Station Operator Certificate (COER) issued by the Government of the Federative Republic of Brazil, which gives access to amateur category 2 and to the issue of the corresponding NAC and CEPT novice license;

2. Holders of a valid qualifying document, issued pursuant to the preceding paragraph, may apply to ICP - ANACOM for the issue of a NAC under paragraph 2 b) of article 3 of Decree-Law no. 53/2009, as well as for the access the corresponding amateur category.

3. The application referred to in the preceding paragraph shall be submitted by filling in the respective form available on ICP–ANACOM’s website, attaching thereto the following particulars:

a) Name;

b) Nationality;

c) Date of birth;

d) Address;

e) Contact telephone;

f) Contact email;

g) Location of the main fixed station;

h) Location of the additional fixed station (where appropriate);

i) Identification document number (ID card, passport or citizen card);

j) Tax number;

k) Copy of the Portuguese residence permit, in case of a candidate who is a citizen of a country outside the European Union;

l) In case of candidates who are minors, a written authorization signed by the respective holders of parental responsibility or guardians, under civil law;

m) Copy of the qualifying document.


RULES TO KEEP IN MIND FOR FOREIGNER HAM RADIO OPERATORS STAYING TEMPORARILY IN PORTUGAL

Chapter VI

Indication of qualifying documents enabling the use of stations and specific procedures with which the respective holders must comply – paragraph 4 of article 8 of Decree-Law no. 53/2009

1. The following documents qualify the respective holders for the use of amateur stations, during temporary stays in Portugal:

a) CEPT license issued by another administration which adopted CEPT Recommendation T/R 61-01;

b) CEPT novice license issued by another administration which adopted Recommendation CEPT ECC/REC/(05)06;

c) Radio-amateur Station Operator Certificate (COER), of Classes A and B, issued by the Government of the Federative Republic of Brazil.

2. Holders of valid qualifying documents are entitled to use their own stations or those of other amateurs, according to applicable laws and acknowledging, in particular, provisions in the National Frequency Allocation Plan (QNAF) on conditions for the use of frequency bands, as well as in paragraphs 13, 14 and 15 of Part IX hereof on use of station call signs.


Chapter IX

Rules for the assignment and use of station call signs (IC, ICO and ICOA) – paragraph 5 of article 16 of Decree-Law no. 53/2009

12. When establishing a communication, the amateur shall comply with the following procedures:

a) To transmit its station Call at the beginning and end of each call;

b) In order to use an amateur station of which the amateur is not the holder, he/she must transmit the Call of the operated station followed by its own station Call, except in the situations provided for in paragraph 3 e) and 4 d);

c) When using a mobile amateur station, the amateur must transmit the Call followed by the word "mobile" or the characters "/M" and the respective location;

d) When using a portable amateur station, the amateur must transmit the Call followed by the word "portable" or the characters "/P" and the respective location.

13. Where an amateur establishes communications under a CEPT license issued by another Administration, in addition to compliance with the provision in the preceding paragraph, he/she shall also transmit its amateur station Call with the following leading prefixes:

a) "CT7" where the operation takes place in an amateur station located in the POR geographical area;

b) "CT8" where the operation takes place in an amateur station located in the AZR geographical area;

c) "CT9" where the operation takes place in an amateur station located in the MDR geographical area.

14. Where an amateur establishes communications under a CEPT novice license issued by another Administration, in addition to compliance with the provision in paragraph 12, he/she shall also transmit its amateur station Call with the following leading prefixes:

a) "CS7" where the operation takes place in an amateur station located in the POR geographical area;

b) "CS8" where the operation takes place in an amateur station located in the AZR geographical area;

c) "CS9" where the operation takes place in an amateur station located in the MDR geographical area.

15. Where an amateur establishes communications under a valid qualifying document, issued by a country with which Portugal has a reciprocity agreement, in addition to compliance with the provision in paragraph 12, he/she shall also emit its amateur station Call with the following leading prefixes:

a) "CR7" where the operation takes place in an amateur station located in the POR geographical area;

b) "CR8" where the operation takes place in an amateur station located in the AZR geographical area;

c) "CR9" where the operation takes place in an amateur station located in the MDR geographical area.


Sources consulted: Decree-Law No. 53/2009 of 2 March and procedures laid down in Decree-Law No. 53/2009 of 2 March which sets the rules governing the Amateur Service and Amateur Satellite.

Please see;
- Decree-Law no. 53/2009, of 2 of March in: http://www.anacom.pt/render.jsp?contentId=978436

- Procedures Provided for Decree-Law No. 53/2009, of 2 March, which lays down the Rules that Apply to Amateur Services and Amateur-Satellite Services in:
http://www.anacom.pt/render.jsp?contentId=954649&languageId=1

Addendum:
- Geographic Area POR ( Portugal main land );
- Geographic Area AZR ( Azores archipelago );
- Geographic Area MDR ( Madeira archipelago ).

Compilation prepared by João Costa, CT1FBF
Checks and corrections to the translation by Miguel Andrade, CT1ETL