4. Private telecommunications are deemed to be:
(a) private telecommunications owned by the State or other public entities and used for
their own communication or for meteorological purposes, aid and assistance to sea
or air navigation, or for similar purposes of public interest;
(b) those established by the defence and security forces or services, for their own use;
(c) Those established by competent entities in the area of civil safety;
(d) Those established by companies dedicated to the production, transmission and
distribution of electricity, whenever such companies use the electricity distribution
network itself and those telecommunications are exclusively meant to be used in the
very activity being carried out by such companies;
(e) Those provided within the same estate or condominium, provided those
telecommunications do not use the public electromagnetic domain and their only
connection with the exterior system is through an interface with public
telecommunications;
(f) Other communications reserved for certain public and private entities, following
authorisation from the Government, under the terms of international treaties or
agreements or special legislation.
Section 4
Telecommunications supervision
1. It is incumbent upon the State to establish the strategic guidelines for the development of
the telecommunications sector, and also to monitor telecommunications and the activity
carried out by telecommunications operating companies, under the terms of applicable laws
and regulations.
2. Other responsibilities of the State on matters of regulation, supervision and monitoring
of telecommunications include:
(a) Managing the electromagnetic spectrum and orbital positions;
(b) Representing the country in international and intergovernmental organisations in the
area of telecommunications;
(c) Defining general policies and planning for the telecommunications sector, and
approving applicable laws;
(d) Ensuring the existence, availability and quality of a basic telecommunications
network that will satisfy the communications needs of the citizens and of economic
and social activities throughout the country, and also ensuring international
connections, taking into account the requirements for harmonic and balanced socioeconomic development;
(e) Normalising and endorsing telecommunications materials and equipment, and
defining the conditions for their connection to the telecommunications network;
(f) Ensuring a universal telecommunications service;
(g) Approving the fee and tariff regime for telecommunications services;
(h) Licensing the establishment and operation of public telecommunications
infrastructure and services, as well as granting other titles that will allow for the
provision of services in the telecommunications sector;