Following the analysis of the comments made by interested parties in the scope of the prior hearing and public consultation procedures, which were taken into due consideration, ANACOM saw fit to amend the following aspects of its draft decision, both as regards the definition of unfair burden and the methodology for calculating CLSU.
In this scope, in addition to editorial amendments and changes reinforcing or clarifying arguments now developed, the following amendments to the DD subject to public consultation and prior hearing are hereby stressed:
- The decision on unfair burden applies an uniform criterion for its definition in the periods prior to and following the tender procedure for the designation of the USP;
- As regards the time-limit defined in the DD for sending information for the preliminary calculation of the CLSU, ICP-ANACOM determines a 90-day deadline, extendable to 180 days, in case the respective grounds are duly submitted and accepted;
- Relatively to the minimum threshold as from which CLSU funding is justified, ICP-ANACOM determines it is set at EUR 2.5 million;
- With regard to iterations performed when applying the costing methodology to the determination of unprofitable areas and unprofitable customers in profitable areas, it is determined that the iterative process ends where the number of MDF integrating unprofitable areas or where the number of unprofitable customers living in profitable areas achieved in iteration N does not show a variation above 3% relatively to iteration n - 1, and in any case no more than five iterations are to be carried out;
- With respect to the cost and revenue components to be used in the application of the methodology for calculating the CLSU, it is admitted that alternative forms to those presented by ANACOM may be used, including the use of functions to breakdown costs between different areas and customers, provided that the ultimate aim of the exercise, to ensure a true reflection of the facts, is not jeopardised;
- As regards the effect of price elasticity of demand for customers who are "Retired People and Pensioners", ICP-ANACOM will carry out a study so as to estimate it, replacing the value indicated in the DD for the value that results from that study;
- ICP-ANACOM accepts not to take into account the life cycle indirect benefit for purposes of CLSU calculation;
- With regard to unprofitable areas and unprofitable customers in profitable areas, ICP-ANACOM accepts that the failure to consider revenues from the provision of the US when calculating the fees due for the provision of electronic communications networks and services does not constitute an indirect benefit, which is limited to the case of "Retired People and Pensioners".
All the referred amendments have been duly reflected in the decision on unfair burden and the methodology for calculating CLSU.
