Correction in the value of fees settled in 2009 due to the termination of proceedings lodged by Radiomovel and to the reclassification of a provision created for proceedings launched by Vodafone

As set out in table 3 and in point 3.3, the provisions created in the scope of proceedings launched by Radiomovel were cancelled, and the value of the provision for proceedings launched by Vodafone, was re-classified in 3.575.579 €, as it had been incorrectly considered as a regulation cost. These adjustments led to a reduction in the value of provisions considered as final costs for the purpose of settlement of fees due by providers of electronic communications networks and services for 2009, from 31.427.645 € (Table 5) to 28.808.344 € (Table 6), as shown in the tables below.

Unit: Euros. Published on ICP - ANACOM’s website.

Consult: Charges due to ANACOM (electronic communications) - Report for 2009https://www.anacom.pt/render.jsp?contentId=1034328

Unit: Euros.

Table 7 breaks down the calculation of the moving average of corrected provisions used in Table 6.

Given the alterations resulting from the cancellation of provisions for proceedings launched by Radiomovel (9.524.920 €) and from the correction of the classification of proceedings launched by Vodafone (3.575.579 €), and taking into account the transitional period, the final value of fees settled for 2009 was set at 9.560.760 € the fee referred to in paragraph 1b) of article 105 of the ECL. As the value settled in 2009, considering the final values and the adjustment made for 2010, was 10.430.866 € – that is, 870.106 € in excess - it follows from paragraph 5 of article 105 of the ECL that it is necessary to adjust the value of fees at stake, which will generate the return of the amounts collected in excess, in proportion to the relevant income used for the purpose of calculating the fees already settled.

Therefore, the value of the t2 contribution rate for 2009 must be adjusted, amounting in fact to 0,5079% (instead of the previously set 0,5541%) according to the following calculations.

2009 Financial Year
 
Formula: t2 = (C-t1n1)/P2;
 
C= Total regulation costs as regards the activity of electronic communications networks and services provider, for 2009 = 28.808.344€
 
t1 = Fee due by bodies of step 1 (Relevant Income < = 1.500.000€) = 2.500€;
 
n1 = number of bodies of step 1=22
 
P1 = Total of relevant income of bodies of step 1 in 2008= 10.473.219€
 
P2 = Total of relevant income of bodies of step 2 in 2009 = 5.454.339.612€
 
t1n1= 2.500€ x 22 = 55.000€;
 
t2 = Fee due by bodies of step 2 (Relevant Income >1.500.000€) = (28.808.344€ - 55.000€)/ 5.661.437.249€ = 0,5079%
 
The value of fees to be settled results from applying the 0,5079% rate to the relevant income of each operator in step 2.  However, as 2009 was the 1st year of the transitional period, a factor of 0,333 is applied to the calculated value, pursuant to clause 6 of the Administrative Rule mentioned above.