A. Allocation of costs borne by ICP-ANACOM


1. ICP-ANACOM's costing system was developed based on the ABC method and aims to identify the costs related to the development of the activities inherent to its statutory assignments, as well as to meet the provision in paragraph 4 of article 105 of Law No 5/2004, of 10 February1.

Overall, two major cost groups were identified: regulation and spectrum management costs, and costs not related to the regulation activity, the latter essentially including the costs related to Advising and Representing the State. The allocation of costs is shown in Figure 1.

Figure 1: Allocation of costs borne by ICP-ANACOM

1. Regulation and spectrum management costs

1.1 Administrative costs related to Electronic Communications
 

1.1.1 Administrative costs
 

a) Declarations supporting rights 
 

b) Provision of electronic communications networks and services
 

c) Allocation of rights of use for frequencies
 

d) Allocation of rights of use for numbers
 

1.1.2 Frequency management costs
 

1.1.3 Number management costs
 

1.2 Costs of Postal regulation
 

1.3 Other regulation costs

2. Other costs

2. Regulation and spectrum management costs represent the costs related to the activities of regulation, supervision, sector representation and cooperation, and they include the following costs:

a) Costs related to the electronic communications sector (scope of Law No 5/2004).

i ) Electronic Communications Costs.

Costs related to the issue of declarations for pursue of the activity, allocation of rights of use for resources, and all regulation, supervision, sector representation and cooperation activities.

ii ) Spectrum Management Costs.

Costs related to the set of activities carried out by ICP-ANACOM related to radio spectrum planning, assignment, monitoring and supervision.

iii ) Numbering Management Costs.

Costs related to the set of activities carried out by ICP-ANACOM regarding the planning, monitoring and supervision of the numbering plan.

b) Costs related to the Postal Sector.

c) Other administrative costs related to the regulator's mission.

Costs with the regulation of services that are not covered by Law No 5/2004, such as audiotext services, ITED (Telecommunication Infrastructure in Buildings), Information Society services, amateur service and personal radio service - citizen band (CB).

3. The other costs incurred by ICP-ANACOM which are not directly related to the regulation activity2, include:

a) Contributions and levy costs related to national and international entities, such as3:

i ) National entities:

CPEC, Municipal Councils, FDTI, and others.

ii ) Non-national entities:

ANRT - Morocco, ESA, CPLP, PALOP and Timor, PECO, other countries covered by cooperation agreements, Satellite Organisations and URSI.

b) Costs related to Advising and Representing the State.

The costs resulting from ICP-ANACOM's participation as a technical representative for the Portuguese State for the sector (paragraph 1 r) of article 6 of the Statutes, approved in annex to Decree-Law No 309/2001, of 7 December), which were not directly relevant to the regulation activity, were excluded. These costs are generically those related to the following events and entities:

i ) Preparation of and participation in meetings and conferences, as well as all the exchange of information in this area.

ii ) Replies to requests of different nature, such as information requests, licensing requests, expertise requests, and others.

iii ) Replies to requests for radio easements and protection of radiocommunication services.

iv ) Development of cooperation programmes.

v ) Follow-up of special projects (ESA).

National entities:

Ministries, Regional Governments, Court of Auditors, CPEC, FDTI, among others.

Non-national entities:

NATO, ITU (Council, Development Sector, Plenipotentiary Conference, World and Regional Radiocommunication Conferences), Agência Nacional de Regulamentação de Telecomunicações (ANRT-Morocco), Satellite organizations, URSI, CPLP, PALOP and Timor, PECO and other countries covered by cooperation agreements.

4. In the scope of the identification of electronic communications costs, costs will now be broken down so as to enable the determination of costs related to each action defined in points a) to f) of paragraph 1 of article 105 of the Electronic Communications Law. Thus, costs are broken down according to the following items:

a) Spectrum management (paragraph 1f) of article 105);

b) Numbering management (paragraph 1e) of article 105); and

c) Regulation activities - corresponding to the remaining administrative costs related to paragraph 1 a) to d) of article 105 and to the regulation of communications services that are not covered by Law No 5/2004.

Notes
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1 Where the amount of fees referred to in points a) to e) of its paragraph 1 is determined with regard to the administrative costs incurred in the management, control and enforcement of the general authorisation scheme and of rights of use and of specific obligations as referred to in article 28, which may include international cooperation costs, among others.
2 These costs are not considered to be relevant for ICP-ANACOM's regulation activity, according to the interpretation of paragraph 4 of article 105 of Law No 5/2004.
3 The amounts referring to contributions and levy costs tend to decrease sharply, since part of them resulted from Government decisions that were already carried out, or from ICP-ANACOM decisions that were not renewed.