The social tariff for the provision of fixed or mobile broadband Internet access services, established by Decree-Law no. 66/2021https://dre.pt/web/guest/home/-/dre/168697989/details/maximized of 30 July, must be made available by all companies that offer this type of service. The social tariff applies to consumers on low incomes or with special social needs covered by the categories provided for in article 4 and in paragraph 2 of article 8 of this Decree-Law. This tariff constitutes a measure of tariff affordability that is part of the universal service of electronic communications, under the terms of the European Electronic Communications Code, approved by Directive (EU) 2018/1972https://www.anacom.pt/render.jsp?contentId=1464945 of the European Parliament and of the Council of 11 December 2018.
In accordance with the provisions of paragraph 3 of article 6 of Decree-Law no. 66/2021https://www.anacom.pt/render.jsp?contentId=1687781, compensation in respect to the social tariff for provision of broadband Internet access services is available subject to a request for reimbursement which the respective provider must submit to the member of the Government responsible for the area of digital transition and to ANACOM. Requests must be submitted by the end of January, referring to provisions made in the previous calendar year, and must be accompanied by all information that is necessary and relevant for assessment of the request. On 15 October 2021, ANACOM started the procedure to prepare a regulation on the methodology for calculating the net costs of providing the broadband Internet social tariff.
In this regard, by decision of 27 July 2022, ANACOM approved the draft regulation on the methodology for calculating the net costs of providing the broadband Internet social tariff.
Bearing in mind that the conditions which govern availability of the social tariff by companies subject to this obligation were established in 2022, it is important to promote the consultation on the draft regulation, so that it is approved in advance. This will give providers the necessary advance knowledge, so that they can request reimbursement of the costs incurred with this service during 2022.
In this context, ANACOM has made the respective draft regulation available on its website. The draft regulation will be submitted to public consultation for a period of 30 working days from the date of its publication in the 2nd series of Diário da República (Official Journal). During this period, interested parties may send their contributions, in writing and in Portuguese, to regulamento.metodologia@anacom.ptmailto:regulamento.metodologia@anacom.pt.
The present draft regulation was also sent to the member of the Government responsible for the area of communications, enabling the intervention of the Government, as well as intervention from regulated entities and other undertakings covered by ANACOM's activity, user and consumer associations with general or specific interest in the communications area, as well as users and the general public.
Finally, it should be noted that, when applicable, information considered confidential must be expressly identified as such, and the reasons for confidentiality given. A non-confidential version must be sent for publication, pursuant to the law and ANACOM's decision of 17 November 2011. At a later date, once the regulatory consultation has been concluded, ANACOM will examine the comments and contributions presented, and will produce a report making reference to all replies received and providing an overall assessment that reflects ANACOM's position thereon and the reasoning for the options taken.
Consult:
- Approval of the draft regulation on the methodology for calculating the net costs of providing the broadband Internet social tariff https://www.anacom.pt/render.jsp?contentId=1727702
- Aviso n.º 15443/2022, de 5 de agosto https://www.anacom.pt/render.jsp?contentId=1726983
