4. Amount of contributions

Pursuant to paragraph 2 of article 10 of the Fund Law, the following values are to be deducted from the amount of CLSU to be shared:

a) The value of the annual remuneration paid to the State as consideration for supplying the universal service related to the provision of a comprehensive telephone directory and directory enquiry service, under the respective contract, where appropriate;

b) Proceeds of contractual fines or penalties applied to the universal service provider or providers, under the contract for provision of the universal service, that are available in the compensation fund at the time the contribution entry procedure starts;

c) Income from the administration of the compensation fund, namely income from deposit accounts where the fund’s liquid assets are held, that are available in the compensation fund at the time the contribution entry procedure starts;

d) Interest referred to in paragraph 7 of article 11 and in paragraph 1 of article 13 that are available in the compensation fund at the time the contribution entry procedure starts;

e) Other revenues assigned to the compensation fund by law that are available in the compensation fund at the time the contribution entry procedure starts.

Under these conditions, and according to point a) above, the amount of 0.86 Euro cents received by the FCSU on 27.02.2015 must be deducted from the value of CLSU incurred in 2014 by the USP, under contracts concluded, in compliance with paragraph 2 of article 5 of the Fund Law and with clause 11 of the Contract for provision of the US of a comprehensive telephone directory and of a comprehensive directory enquiry service concluded between MEO - Serviços de Comunicações e Multimédia S.A. and the Portuguese State.

As regards point b), there seems not to be any value to be deducted from CLSU.

As far as provisions listed in the remaining points are concerned, it must be referred that there is no amount to be deducted from income from the administration of the compensation fund, and there is also no compensatory interest nor interest on account of late payment to be deducted from the amount of CLSU to be considered, given that this is the first time the compensation fund is used to finance CLSU incurred by tender-designated USP. It is noted also that no other revenues were assigned to the FCSU at the time the contribution entry procedure started.

As regards the amount of 0.86 Euros, which is to be deducted from the amount of CLSU, it must be shared between the two designated providers - MEO, concerning the provision of the universal service of provision of public pay-phones, and NOS, concerning the provision of connection to a public communications networks at a fixed location and of publicly available telephone services - a division which was undertaken, according to the proportion of the respective value of CLSU in the total value of CLSU. As such, 0.53 Euros is deducted from the amount of CLSU incurred by MEO and 0.33 Euros from the value of CLSU incurred by NOS.

Under the conditions described, and as illustrated by the table below, it follows that the final value to be considered for the purpose of contributions corresponds to the overall value of CLSU incurred by USPs in 2014 under contracts concluded, deducted of the remuneration paid to the State as consideration for supplying the US of provision of a comprehensive telephone directory and of a comprehensive directory enquiry service.

Source: ANACOM.

Under the conditions described, and in compliance with article 11 of the Fund Law, the following table presents the values of contributions required from each company/body (identified under article 7 of the Fund Law), determined in the proportion of the respective ET achieved in 2014.

Values in Euros.
Note: Values were calculated in compliance with the Fund Law, at cent level.
(1) The determination of the aggregated contribution of Cabovisão and Onitelecom resulted in a value exceeding by 1 cent the sum that results from the determination of the individual contribution of each of the companies; so that the final result corresponding to the sum of all contributions is equal to the value of the contribution identified in the “total” line and in the “NOS (Provision of FTS)” column, the cent was allocated to the company of Grupo Cabovisão/Onitelecom/Knewon with the highest value in the three decimal places, which is Cabovisão, contributing with €25,074.16 instead of €25,074.15.
(2) The determination of the aggregated contribution of Grupo NOS resulted in a value exceeding by 1 cent the sum that results from the determination of the individual contribution of each of the companies; so that the final result corresponding to the sum of all contributions is equal to the value of the contribution identified in the “total” line and in the “MEO (Provision of the PPP offer)” column, the cent was allocated to the company of Grupo NOS with the highest value in the three decimal places, which is NOS Açores, which contributes with €6,475.14 instead of €6,475.13.
Source: ANACOM calculations based on statements conveyed by companies and on audit results.

It follows from paragraph 7 of article 18 of the Fund Law that from the amount of CLSU to be considered for the purpose of the determination of the value of contributions must be deducted:

a) Compensatory interest due on the established contribution amount, in accordance with general tax law, where the entry or settlement of the extraordinary contribution are delayed or defective due to the fault of companies required to contribute;

b) Other revenues that under the law are assigned to the financing of net costs to be compensated in the period preceding the designation by tender and that are available in the compensation fund at the time the contribution entry procedure starts.

There is no amount of compensatory interest to be deducted from the amount of CLSU to be considered. On the other hand, it is noted that no other revenues have been assigned, under paragraph 7b) of article 18 of the Fund Law, thus the final amount to be considered for the purpose of the determination of the amount of contributions corresponds exactly to the overall amount of CLSU for 2010-2011 approved by ANACOM in its determination of 20.11.2014, which corresponds to 47,050,607.99 Euros (forty seven million, fifty thousand, six hundred and seven Euros and ninety nine cents).

Under the conditions described, the following table presents the values of contributions required from each company/body, in the proportion of the respective eligible turnover achieved in 2014, in compliance with article 18 and 19 of the Fund Law.

Values in Euros.
Note: Values were calculated in compliance with the Fund Law, at cent level.
Source: ANACOM calculations based on statements conveyed by companies and on audit results.

In compliance with paragraph 5 of article 18 of the Fund Law, it was found that amounts of the extraordinary contribution expressed in the table above do not exceed the 3% threshold of the annual eligible turnover of each body and are also in compliance with paragraph 6 of the same article¹.