The Fund Law provides in article 18 that “[c]ompanies providing public communications networks and/or publicly available electronic communications services on national territory shall be required to make an extraordinary contribution to the compensation fund, relatively to each of the years 2013, 2014 and 2015, exclusively intended for the financing of net costs referred to in the preceding article that are approved by ICP-ANACOM in those years.”
Paragraph 2 of the same article further provides that “[t]he preceding paragraph shall not apply to companies that, in each of the years referred therein, register an eligible turnover in the electronic communications sector that is lower than 1% of the sector’s overall eligible turnover”.
Article 9, which applies by virtue of paragraph 4 of article 18, specifies the calculation required to be made to obtain the weight of companies in the electronic communications sector, so as to identify companies required to make an extraordinary contribution to the US compensation fund1.
It is noted that, under paragraph 3 of article 18 of the Fund Law, the set of bodies that, though legally separate companies, constitute, by 31 December of 2013, 2014 and 2015, an economic unit or have interdependence links between them, arising namely from (i) a majority shareholding; (ii) holding more than half the voting rights attaching to shares; (iii) power to appoint more than half the members of the administrative board or of the supervisory board; (iv) power to manage the respective business, are deemed to be a single company.
It is stressed also that paragraph 2 of article 9 (which applies by virtue of paragraph 4 of article 18) provides that in the case of companies made up of more than one body, the sum of the eligible turnover of each of the integrating bodies must be considered for the purpose of the calculation of the respective weight in the sector’s eligible turnover. Accordingly, ICP-ANACOM sought to find the shareholder structure of several bodies, so as to determine those which constitute a single company under the Fund Law.
In this framework, it was concluded that the following bodies, the shareholder structure of which (Level 1 and 2) is explained below, present an eligible turnover equal to or exceeding 1% of the sector’s eligible turnover.
- Cabovisão - Televisão por Cabo, S.A.
|
Company’s Shareholders/Direct partners |
% |
Company’s Shareholders/Indirect partners |
% |
|
Altice Portugal, S.A. |
100% |
Altice West Europe, S.à.r.l. |
100% |
Source: Annual electronic communications questionnaire - 2014 and Altice’s website (www.altice.net)
- MEO - Serviços de Comunicações e Multimédia, S.A.2
|
Company’s Shareholders/Direct partners |
% |
Company’s Shareholders/Indirect partners |
% |
|
PT Comunicações, S.A. |
100% |
PT Portugal SGPS, S.A. |
100% |
Source: Annual electronic communications questionnaire - 2014
- ONITELECOM - Infocomunicações, S.A.
|
Company’s Shareholders/Direct partners |
% |
Company’s Shareholders/Indirect partners |
% |
|
ONI SGPS, S.A. |
100% |
Winreason, S.A. (*) |
100% |
Source: Report and Accounts for 2013
(*) Source: AdC website. In August 2013, Altice Holdings S.à.r.l. acquired the whole of the capital of Winreason, S.A. (AdC issued a decision not opposing to the merger operation occurred on 02.08.2013).
- OPTIMUS - Comunicações, S.A.3
|
Company’s Shareholders/Direct partners |
% |
Company’s Shareholders/Indirect partners |
% |
|
ZON OPTIMUS, SGPS, S.A.4 |
100% |
ZOPT, SGPS, S.A. |
50.01% |
|
Sonaecom, SGPS, S.A. |
7.28% |
||
|
Banco BPI, S.A. |
4.53% |
||
|
Fundação José Berardo e Metalgest -Sociedade Gestão, SGPS, S.A. |
3.49% |
||
|
Espírito Santo Irmãos, SGPS, S.A. |
3.00% |
||
|
Joaquim Alves Ferreira de Oliveira |
2.90% |
||
|
Total |
71.22% |
Source: Report and Accounts for 2013
(**) Source: website of ZON TV Cabo Portugal, S.A. Shareholder structure of ZON OPTIMUS, SGPS, S.A. on 12.09.2013 (date of the last update of this information at the company’s website in 2013).
- PT Comunicações, S.A.5
|
Company’s Shareholders/Direct partners |
% |
Company’s Shareholders/Indirect partners |
% |
|
PT Portugal SGPS, S.A. |
100% |
Portugal Telecom, SGPS |
100% |
Source: Annual electronic communications questionnaire - 2014
- ZON TV Cabo Portugal, S.A.6
|
Company’s Shareholders/Direct partners |
% |
Company’s Shareholders/Indirect partners |
% |
|
ZON OPTIMUS, SGPS, S.A.7 |
100% |
ZOPT, SGPS, S.A. |
50.01% |
|
Sonaecom, SGPS, S.A. |
7.28% |
||
|
Banco BPI, S.A. |
4.53% |
||
|
Fundação José Berardo e Metalgest -Sociedade Gestão, SGPS, S.A. |
3.49% |
||
|
Espírito Santo Irmãos, SGPS, S.A. |
3.00% |
||
|
Joaquim Alves Ferreira de Oliveira |
2.90% |
||
|
Total |
71.22% |
Source: Report and Accounts for 2013.
(**) Source: website of ZON TV Cabo Portugal, S.A. Shareholder structure of ZON OPTIMUS, SGPS, S.A. on 12.09.2013 (date of the last update of this information at the company’s website in 2013).
Moreover, it was found, given the shareholder structure of the following bodies, that they maintain interdependence links with some of the bodies referred above.
- KNEWON, S.A.
|
Company’s Shareholders/Direct partners |
% |
Company’s Shareholders/Indirect partners |
% |
|
ONI SGPS, S.A. |
100% |
Winreason, S.A. (*) |
100% |
Source: Report and Accounts for 2013
(*) Source: AdC website. In August 2013, Altice Holdings S.à.r.l. acquired the whole of the capital of Winreason, S.A. (AdC issued a decision not opposing to the merger operation occurred on 02.08.2013).
- ZON TV Cabo Açoreana, S.A.8
|
Company’s Shareholders/Direct partners |
% |
Company’s Shareholders/Indirect partners |
% |
|
ZON TV Cabo Portugal, S.A.9 |
83.8% |
ZON OPTIMUS, SGPS, S.A.10 |
100% |
|
Fundo Banif Capital Infrastructure Fund |
10.0% |
|
|
|
EDA - Eletricidades dos Açores, S.A. |
6.2% |
|
|
Source: Annual electronic communications questionnaire - 2014
- ZON TV Cabo Madeirense, S.A.11
|
Company’s Shareholders/Direct partners |
% |
Company’s Shareholders/Indirect partners |
% |
|
ZON TV Cabo Portugal, S.A.12 |
77.95% |
ZON OPTIMUS, SGPS, S.A.13 |
100% |
|
Banif Capital Sociedade Capital de Risco, S.A. |
16.19% |
|
|
|
E - Tempus S.G.P.S., SA |
5.86% |
|
|
Source: Report and Accounts for 2013
It follows from the shareholder structures described above that there are 4 companies (deemed to be aggregated for the purposes of the Fund Law) required to contribute to the compensation fund, which integrate 10 bodies, in the light of the concept of company provided for in the Fund Law. Accordingly, the table below lists companies required to pay the extraordinary contribution to the compensation fund for 2013, as well as the weight of each company’s eligible turnover in the sector’s overall eligible turnover.
|
Companies |
Weight in the sector [BCI] |
|
Cabovisão/Onitelecom/Knewon Group |
|
|
Cabovisão - Televisão por Cabo, S.A. |
|
|
ONITELECOM - Infocomunicações, S.A. |
|
|
Knewon, S.A. |
|
|
PT Group |
|
|
MEO - Serviços de Comunicações e Multimédia, S.A. |
|
|
PT Comunicações, S.A. |
|
|
NOS Group |
|
|
Optimus Comunicações, S.A. |
|
|
ZON TV Cabo Açoreana, S.A. |
|
|
ZON TV Cabo Madeirense, S.A. |
|
|
ZON TV Cabo Portugal, S.A. |
|
|
Vodafone |
|
|
Vodafone Portugal - Comunicações Pessoais, S.A. |
[ECI] |
|
TOTAL |
98.1% |
Source: ICP - ANACOM calculations based on companies' and the sector's eligible turnover.
Companies required to contribute to the US Compensation Fund thus cover more than 98% of the sector’s overall eligible turnover.
1 According to that article, the weight of companies in the electronic communications sector is calculated according to the following formula: Pi=Vi/(∑Vi), where Pi represents the weight of the company in the electronic communications sector; Vi represents eligible turnover in the electronic communications sector on national territory for company i in the calendar year concerned; and ∑Vi eligible turnover in the electronic communications sector on national territory for all companies providing electronic communications networks and/or publicly available electronic communications services in the calendar year concerned.
2 On 2014.12.29 the merger by means of acquisition of MEO - Serviços de Comunicações e Multimédia, S.A. into PT Comunicações, S.A. was registered, having the company resulting from this merger been renamed as from this date MEO - Serviços de Comunicações e Multimédia, S.A..
3 In 2014, the merger by means of acquisition of ZON TV Cabo Portugal, S.A. into Optimus Comunicações, S.A. was registered, having the company resulting from this merger been renamed as from this date NOS Comunicações, S.A. (NOS).
4 Corresponds at present to NOS, SGPS, S.A..
5 On 2014.12.29 the merger by means of acquisition of MEO - Serviços de Comunicações e Multimédia, S.A. into PT Comunicações, S.A. was registered, having the company resulting from this merger been renamed as from this date MEO - Serviços de Comunicações e Multimédia, S.A..
6 In 2014, the merger by means of acquisition of ZON TV Cabo Portugal, S.A. into Optimus Comunicações, S.A. was registered, having the company resulting from this merger been renamed as from this date NOS Comunicações, S.A. (NOS).
7 Corresponds at present to NOS, SGPS, S.A..
8 Corresponds at present to NOS Açores Comunicações, S.A..
9 In 2014, the merger by means of acquisition of ZON TV Cabo Portugal, S.A. into Optimus Comunicações, S.A. was registered, having the company resulting from this merger been renamed as from this date NOS Comunicações, S.A. (NOS).
10 Corresponds at present to NOS SGPS, S.A..
11 Corresponds at present to NOS Madeira Comunicações, S.A..
12 In 2014, the merger by means of acquisition of ZON TV Cabo Portugal, S.A. into Optimus Comunicações, S.A. was registered, having the company resulting from this merger been renamed as from this date NOS Comunicações, S.A. (NOS).
13 Corresponds at present to NOS SGPS, S.A..
