4. Settlement and collection of electronic communications fees for 2012


The collection of fees for the provision of electronic communications networks and services took place between November 2012 and January 2013. Almost all fees settled were collected, as shown in Table 4. The collection of amounts by instalments complies with article 19 of the Regulation on the settlement and collection of fees due to ICP-ANACOM (Regulation No 300/2009, of 15 July, as amended by Regulation No 355/2012, of 13 August), involving the application of default interest pursuant to paragraph 1 of the mentioned article.

Table 4 - Settlement and collection of electronic communications administrative fees

Activity

2012

Value

%

Provision of electronic com. networks and services

- Invoiced (- Credit note 1.041,67€+ Interest 2.074,56€)

- Collected

- Collection by instalments

- Yet to be collected

 

29.444.005,00

29.390.875,66

33.011,95

20.117,39

 

100%

99,82%

0,11%

0,07%

Unit: Euro

It should also be noted that four legal challenges (three of which by companies of the same economic group) and an administrative appeal were filed related to the settlement of fees due for the provision of electronic communications networks and services for 2012.

The challenges against the settlement of fees settled in 2009, 2010 and 2011, as well as the challenge against Administrative Rule No 1473-B/2008, of 17 December, are still undergoing judicial review (the challenge against the fee for 2009 being already at the appeal stage).

A decision is also pending on the complaint presented to the European Commission, invoking the incompatibility of paragraphs 4 and 5 of Annex II to Administrative Rule No 1473-B/2008, with the ban on State aid laid down in paragraph 1 of article 107 of the Treaty on the Functioning of the European Union.