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Published in D.R. number 74 (Series II) of 28 March 1995
Ministérios das Finanças e das Obras Públicas, Transportes e Comunicações (Ministries of Finance and Public Works, Transport and Communications)
Within the framework of the financial relations between the State and Portugal Telecom, S. A., there are various pending situations which, as they are longstanding and extensive, must be urgently clarified and resolved. With the approaching privatisation process, it becomes even more pressing that said relations demonstrate complete transparency.
On the one hand, one is dealing with accounts that Portugal Telecom, S. A., has to receive from the State, related to discounts on telephone subscription tariffs for pensioners and discounts on telecommunication services to social communication companies. On the other hand, there are the annuities to be paid to the State, related to the time when the ex-TLP was a public company.
The discounts on telephone subscription tariffs for pensioners were established by Decree-Law no. 20-C/86, of 13 February, which in its article 4 stipulated that the revenue losses to the operating companies arising from execution of the diploma would be deducted from the annuities which said companies had to pay to the State, under the terms of point 2 of article 36 of annex I to Decree-Law no. 49 368/69, of 10 of November, and of point 4 of article 22 of the annex to Decree-Law no. 48 007/67, of 26 of October, with the wording that was given to it by annex n to Decree-Law no. 49 368/69, of 10 of November.
When the companies CTT, E. P. and TLP, E. P. became CTT, S. A., and TLP, S. A. (limited companies), on 14-5-92 and 6-5-89, respectively, payment of this annuity ceased, and State payment of the value of the discounts granted to pensioners was left incomplete. On the other hand, the meeting of accounts process between the companies and the State did not always occur automatically, thus there remain debts to the State in government annuities that are both equally accounted for and still to be settled.
The discounts carried out on telecommunication services invoicing to social communication companies, established by various legal supports, constituted an indirect means of State financial support to these companies over a long period. However, the respective payment by the State so as to compensate the costs borne by the companies operating telecommunication services was never determined. In the meanwhile, upon the publication of administrative ruling no. 169-A/94, of 24 of March, the granting of this benefit by the State ceased, and a debt remains that needs to be resolved.
Upon the scission of CTT, S. A., and the merger of TLP, S. A., Telecom Portugal, S. A., and also TDP, S. A., giving rise to the creation of Portugal Telecom, S. A., those financial relations were transferred to the latter. Furthermore, it is foreseen that, in accordance with the concession contract of the public telecommunications service to be celebrated with Portugal Telecom, S. A., the concessionaire company shall be obliged to make annuity payment to the State.
Thus, the following is hereby stipulated:
The annuities to be paid to the State, foreseen in the concession contract to be celebrated with Portugal Telecom, S. A., shall be priority deducted:
State debts to Portugal Telecom, S. A., related to discounts to social communication bodies, resulting from Administrative rulings no. 310/88, of 17 of May, no. 357/89, of 19 of May, and no. 411/92, of 18 of May, to the value of PTE 1,025,765,000;
State debts to Portugal Telecom, S. A., as at 31-12-94, related to discounts to pensioners, arising from Decree-Law no. 20-C/86, of 13 of February, deducted from the annuities to be paid to the State, on the same date, under the terms of point 4 of article 22 of the annex to Decree-Law no. 48 007/67, of 26 of October, with the wording given to it by annex n to Decree-Law no. 49368/69, of 10 of November, to the approximate value of PTE 5,600,000,000.
15 March 1995.- The Secretary of State for Finance, Francisco Adelino Gusmão Esteves de Carvalho. The Secretary of State for Housing, Carlos Alberto Pereira da Silva Costa.