2.3. Eligible turnover of companies that failed to convey information for the purpose of the Fund Law

Of the 95 companies to which ANACOM sent a communication recalling the obligation to submit the statement, 5 companies failed to submit any information for the purpose of the Fund Law.

In addition, there was a company, HP Enterprise Services Portugal, Lda, which was still in the activity registration process at ANACOM, which submitted on 30.06.2016 a communication to this Authority, under ECL, on its turnover value for 2015 concerning electronic communications services, which is considered for the purpose of the Fund Law, although it had not been submitted for such purpose.

As regards the referred 5 companies that failed to submit information, ANACOM sought to obtain the ET value for companies concerned through alternative sources of information, namely by using data provided by such companies in prior procedures for entry of contributions to the FCSU.

ANACOM takes the view that the relevant income declared for the purpose of entry and settlement of the annual fee referred to in article 105, paragraph 1b) of ECL is a good proxy for the ET amount to be determined for the purpose of the Fund Law, as values under consideration are similar, and in the case of some companies, exactly the same, thus the use of such amounts for the calculation of the sector’s overall ET amount is deemed to be appropriate.

As such, ANACOM considered for one of the companies that the ET amount corresponds to the amount reported for the 2015 financial year, for the purpose of the procedure for entry and settlement of the annual fee referred to in article 105, paragraph 1b) of ECL. For two companies, and having been found that they had also failed to submit information for the purpose of the procedure for entry and settlement of the annual fee referred to above, ANACOM considered that the ET value corresponds to the value reported in prior FCSU procedures. For two other companies, no information is available.

Based on the information referred to in the preceding paragraph, information on the ET value of 3 companies was able to be obtained, which added to the ET considered for HP Enterprise Services Portugal, Lda, amounts to a total value of 974,527.69 Euros.

The table below shows detailed information on each of the companies that failed to submit information on ET, on the ET amount considered for each of them, as well as information, where appropriate, on the operation of companies (in 2015).

Values in Euros.

In addition to companies identified above, a group of companies¹, 4 to be precise, ceased operations in the course of 2015, but were also required, under paragraph 4 of article 15 of the Fund Law, to send an ET statement for 2015.

As referred earlier, ANACOM received a statement in this scope from Hibernia Atlantic Cable System Limited, with zero ET. As regards other companies that failed to comply with this obligation, given the absence of information on their activity concerning the provision of networks or of electronic communications services, it is assumed that their ET corresponds to zero.