Compensation fund - payment of the net costs of the electronic communications universal service

On 17 December 2015, ANACOM approved a draft decision on the identification of undertakings required to contribute to the electronic communications universal service compensation fund and the establishment of the contributions relating to the CLSU - Custos Líquidos do Serviço Universal (net Costs of the Universal Service) to be compensated for the 2010-2011 period (CLSU approved in 2014) and for 2014 (period subsequent to designation of universal service providers by public tender).

This decision stems from the provisions of LCE - Lei das Comunicações Eletrónicas (Electronic Communications Law) and Law no. 35/2012 of August 23 (as amended and republished by Law no. 149/2015 of 10 September), establishing a compensation fund for the financing of net costs arising from the provision of the universal service and defining criteria to govern the allocation of these costs among the undertakings which offer electronic communications networks and/or publicly available electronic communication services.

As such, ANACOM determined the following:

  • To review the values of eligible turnover of a set of undertakings in order to determine the overall eligible turnover of the sector, in particular as a result of auditing and analysis conducted by ANACOM.
  • The value of the overall eligible turnover in the sector for the purposes of Law no. 35/2012 (4,490,912,078.06 euros) in respect of 2014.
  • The list of undertakings required to make payment of an extraordinary contribution to the compensation fund and payment of contributions to the net costs incurred by the universal service providers designated by public tender.
  • The value of the contribution of each undertaking for the following purposes:

- CLSU compensation for the period 2010-2011 (CLSU approved in 2014) incurred by MEO -Serviços de Comunicações e Multimédia (MEO), as universal service provider in the period prior to designation by tender;

- CLSU compensation in respect of 2014, incurred by NOS Comunicações (NOS), under the contracts concluded with the Portuguese State for provision of the universal service of connection to a public communications network at a fixed location and publicly available telephone services;

- CLSU compensation in respect of 2014, incurred by MEO, under the contracts concluded with the Portuguese State for provision of the universal service of public pay-telephones.

  • A period of 20 working days following notification of the final decision, for settlement of the contributions identified in the preceding paragraph.

It was also decided to submit this draft decision to the prior hearing of interested parties for a period of 10 working days under the terms of the CPA - Código de Procedimento Administrativo (Administrative Proceeding Code). Comments in response to this procedure should be sent by email to fundosu@anacom.ptmailto:fundosu@anacom.pt1.

1 Each email may contain one or more files as long as the total size of all files does not exceed 10 megabytes and, if necessary, comments may be divided into two or more emails.