individual and concrete binding acts and making concrete recommendations, initiating and
prosecuting cases and punishing offences that fall within its competency, monitoring
compliance with the laws and regulations applicable to the communications sector,
watching the activity by entities under its supervision and the operation of the
telecommunications market, ARCOM shall issue such regulations as deemed indispensable
to the fulfilment of its functions.
In reality, the technical specificity of the communications sector, compounded by
the ongoing innovations taking place therein, demands the existence of a wide space for the
regulatory authority to intervene in the ordering of this sector. This is a normative power
that rests on the recognition that ARCOM alone, as a result of its technical specialisation
and accumulated knowledge, is prepared to respond in an expeditious and flexible fashion
to the ongoing needs and changes in the sector, especially in the telecommunications
market.
The need to fit the sector in with the innovations brought about by the ongoing
technical progress and globalisation also demand that the communications regulatory entity
be supplied with tools that will give it greater flexibility, not only on the legal and material
plane, but also at the level of the economic and financial regime and of contracts for the
procurement of goods and services.
In this sense, the legal regime adequate to ARCOM’s functions shall be a mixed
regime combining public law prerogatives, indispensable to the exercise of its powers as an
authority, with private law flexibility and efficiency, as ARCOM intervenes in an everchanging sector.
Finally, without prejudice to a possible evolution of the regulatory framework
applicable to the telecommunications and audiovisual sectors towards their convergence,
the present Decree-Law also stipulates a modern and effective regulatory matrix, as well as
a new flexible organisational model, consistent with the goals of the Government
programme in terms of State reform.
Thus, pursuant to section 116(d) of the Constitution, the Government enacts the following:
Section 1
Establishment and nature
1. The Communications Regulatory Authority, hereinafter referred to as ARCOM, a public
institution vested with legal personality, administrative and financial autonomy, and
property of its own, is hereby established.
2. ARCOM is governed by the present Decree-Law and by its statutes, attached hereto as
an integral part of the present Decree-Law.
Section 2
Dissolution of the Directorate of Telecommunications,
Ministry of Transport, Communications and Public Works