Lei n.º 35/2008, de 28 de Julho de 2008
Lei n. 35/2008
de 28 de Julho
Procede à segunda alteraçáo à Lei n. 5/2004, de 10 de Fevereiro (Lei das Comunicaçóes Electrónicas), estabelecendo o regime sancionatório aplicável às infracçóes ao Regulamento (CE)
n. 717/2007, do Parlamento Europeu e do Conselho, de 27 de Junho, relativo à itinerância nas redes telefónicas móveis públicas da Comunidade.
A Assembleia da República decreta, nos termos da alínea c) do artigo 161. da Constituiçáo, o seguinte:
Artigo 1.
Aditamento à Lei n. 5/2004, de 10 de Fevereiro
É aditado à Lei n. 5/2004, de 10 de Fevereiro, o artigo 121. -A, com a seguinte redacçáo:
Artigo 121. -A
Itinerância internacional nas redes telefónicas móveis públicas da Comunidade
1 - No âmbito do Regulamento (CE) n. 717/2007, do Parlamento Europeu e do Conselho, de 27 de Junho, relativo à itinerância nas redes telefónicas móveis públicas da Comunidade, e que altera a Directiva n. 2002/21/CE, do Parlamento Europeu e do Conselho, de 7 de Março, relativa a um quadro regulamentar comum para as redes e serviços de comunicaçóes electrónicas, constituem contra -ordenaçóes:
a) A violaçáo das obrigaçóes decorrentes dos n.os 1 e 2 do artigo 3., do artigo 4. e do artigo 6. do referido regulamento;
b) A violaçáo da obrigaçáo de informar prevista no n. 4 do artigo 7. do referido regulamento;
c) A violaçáo de determinaçóes emitidas pela Auto-ridade Reguladora Nacional (ARN) no uso dos poderes conferidos pelos n.os 5 e 6 do artigo 7. do referido regulamento.
2 - As contra -ordenaçóes previstas no número anterior sáo puníveis com coima de € 5000 a € 5 000 000.
3 - Sempre que a contra -ordenaçáo resulte da omissáo do cumprimento de um dever jurídico previsto no Regulamento (CE) n. 717/2007, do Parlamento Europeu e do Conselho, de 27 de Junho, ou de uma ordem emanada da ARN...
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