2.4. Determination of the sector's eligible turnover


Taking the above into account, namely that the ET amount of audited companies is  4,316,193,610.05 Euros, that the amount  of eligible turnover of companies that submitted information on this matter, but were not audited, is 27,262,082.93 Euros and that it is considered that the ET amount of companies that failed to submit any information on this subject is 974,527.69 Euros, ANACOM concludes that the amount of the sector’s eligible turnover for 2015, calculated under article 8 of the Fund Law, is 4,344,430,220.67 Euros.

As regards the use of information from alternative sources instead of exclusively using information transmitted for the purpose of the Fund Law, it is stressed that the purpose of such information is to enable the determination of the most accurate sector overall ET amount, thus covering all companies providing, in 2015, on national territory, public communications networks and/or publicly available electronic communications services.

The exclusive use of data conveyed by companies for the purpose of the Fund Law, or in alternative the use of such information complemented with the use of data conveyed by companies for the purpose of the entry and settlement of the annual fee referred to in article 105, paragraph 1b) of ECL, where information is not available for the purpose of the Fund Law, has no impact whatsoever on the determination of companies that will contribute to the compensation fund, nor on the amount of such contribution. This results from the fact that the difference between the two values is completely negligible, given that the amount of the eligible turnover of companies that submitted information for the purpose of the Fund Law represents more than 99% of the total amount of eligible turnover calculated for the sector and mentioned above.

In the light of the above, in order to calculate the amount of the sector’s ET, ANACOM used data conveyed for the purpose of the Fund Law (having been audited companies whose eligible turnover exceed 99% of the sector’s eligible turnover), complemented, where such information was not transmitted, by data submitted by companies in the scope of former  procedures for compensation of CLSU as well as by data conveyed for the purpose of the entry and settlement of the annual fee referred to in article 105, paragraph 1b) of ECL, having been considered for three companies that ceased operations in 2015, and no other information being available, that the respective turnover amounted to zero.

Under these conditions, the sector’s eligible turnover in 2015 amounts to 4,344,430,220.67 Euros.