Administrative Rule No. 89/2017, of 1 March



Finanças e Planeamento e das Infraestruturas (Finance and Planning and Infrastructure)

Administrative Rule


(This is not an official translation of the law)

Having regard to the Statutes of Autoridade Nacional das Comunicações (ANACOM), approved by Decree-Law No. 39/2015, of 16 March , insofar as they apply, as well as to the respective net results concerning the 2015 financial year, which amount to (Euro) 30,998,540.16;

Whereas the amount of (Euro) 10,193,923.55 represents the increase of fees for use of frequencies, resulting from provisions laid down in Administrative Rule No. 378-D/2013, of 31 December, and constitutes general State income, given that such increase of fees was determined by the Government for that purpose;

Whereas the full amount of interest resulting from financial investments held with the commercial banking system must be removed from the distribution of results for the 2015 financial year, which in a public accounting perspective amount to (Euro) 40,598.42;

Whereas interest resulting from financial investments made in IGCP is income for ANACOM, amounting to (Euro) 145,523.26;

Whereas ANACOM maintains its role as regards Portugal’s participation in the European Space Agency (ESA), representing the country in ESA’s Committees for Management of Telecommunications Programmes (“ARTES” programmes);

Having regard to paragraphs 1 and 3 of article 12-A of Law No. 55/2012, of 6 September, as amended by Law No. 28/2014, of 19 May, which determines the annual transfer to the Instituto do Cinema e do Audiovisual, I. P. (the Cinema and Audiovisual Institute), of specific amounts, to be set out by administrative rule, on account of ANACOM’s net results to be reverted to the State;

Whereas, for 2016, under paragraph 3 of article 4 of Law No. 28/2014, of 19 May, the amount to be transferred corresponds to the total amount of fees due, in that year, by pay-TV service operators, pursuant to paragraph 1 of the referred statutory instrument, multiplied by an adjustment factor that is equivalent to the cumulated change of the consumer price index for 2014, established by the Instituto Nacional de Estatística, I. P. (the National Statistics Institute);

Having regard to ANACOM’s draft allocation of results included in its annual report for 2015, as well as the need to maintain in the Authority’s balance the financial resources required for the fulfilment of current and future assignments;

Therefore, pursuant to paragraph 4 of article 45 of Law No. 67/2013, of 28 August, as well as paragraph 3 of article 4 of Law No. 28/2014, of 19 May, and under paragraph 1 of article 48 of ANACOM’s Statutes, approved by Decree-Law No. 39/2015, of 16 March, paragraph 3 of article 12-A of Law No. 55/2012, of 6 September, as amended by Law No. 28/2014, of 19 May, and article 2 of Decree-Law No. 103/2006, of 7 June, as amended by Decree-Law No. 70/2009, of 31 March, and by Decree-Law No. 36/2015, of 9 March 2015, the Government, through the Minister of Finance and the Secretary of Infrastructures, under a delegation of powers conferred by the Minister of Planning and Infrastructure, through Order No. 2311/2016, of 1 February, published in the Official Gazette, II Series, No. 32, of 16 February 2016, hereby decrees as follows:

Article 1
Subject-matter

This Administrative Rule establishes the way in which net results of Autoridade Nacional das Comunicações (ANACOM) for 2015, amounting to 30,998,540.16, are allocated.

Article 2
Allocation of net results for 2015

1 - Net results of Autoridade Nacional das Comunicações (ANACOM) for 2015 shall be allocated as follows:

a) The overall amount of (Euro) 10,222,339.11, corresponding (Euro) 10,193,923.55 to 2015 and (Euro) 28,415.56 to an adjustment concerning 2014, which represents the increase of fees for use of frequencies, resulting from provisions laid down in Administrative Rule No. 378-D/2013, of 31 December, shall constitute general State income and shall be transferred to the Treasury;

b) Interest resulting from financial investments held with the commercial banking system in 2015, amounting to (Euro) 40,598.42, shall constitute general State income and shall be transferred to the Treasury;

c) The remainder, amounting to (Euro) 20,735,602.63 shall be allocated as follows:

i. The amount of (Euro) 145,523.26, corresponding to interest resulting from financial investments made in IGCP, shall be transferred to the heading «Special reserve – Investment»;

ii. 90% of 20,590,079.37 (20,735,602.63 - 145,523.26), amounting to (Euro) 18,531,071.43, shall be deemed to be general State income;

iii. 10%, amounting to (Euro) 2,059,007.94 shall be transferred to the heading «Special reserve – Investment».

2 - From the value referred to in point c) ii) of the preceding paragraph, the following amounts shall be transferred:

a) To the European Space Agency (ESA), in the scope of commitments undertaken by the Portuguese State, the amount of (Euro) 1,759,999.90;

b) To the Instituto do Cinema e do Audiovisual, I. P., the amount of (Euro) 6,151,378.79, under paragraph 3 of article 12-A of Law No. 55/2012, of 6 September, as amended by Law No. 28/2014, of 19 May and paragraph 3 of article 4 of Law No. 28/2014, of 19 May, a transfer which must take place after 2 January 2017;

c) The remainder, amounting to (Euro) 10,619,692.74 shall be transferred to the Treasury, being included in this amount the annual amount to be transferred to ERC, on account of ANACOM’s net results, under paragraph 2 of Decree-Law No. 103/2006, of 7 June, as amended by Decree-Law No. 70/2009, of 31 March, and by Decree-Law No. 36/2015, of 9 March 2015.

Article 3
Amendment of ANACOM’s budget for 2016

The amendment to ANACOM’s budget for 2016, in the expenditure heading, to amounts referred in point a), b), c) and d) of paragraph 1 of article 2, is hereby approved, no further procedure being required.

Article 4
Entry into force

This Administrative Rule shall enter into force on the day following that of its publication.

The Minister of Finance, Mário José Gomes de Freitas Centeno, on 20 February 2017. - The Secretary of Infrastructures, Guilherme Waldemar Goulão dos Reis d'Oliveira Martins, on 23 February 2017.