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
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