2.4. Determination of the sector?s eligible turnover

Taking  the above into account, namely that the amount of eligible turnover of audited companies is 4 663 775 996.40 Euros, that the amount of eligible turnover of companies that submitted information on this matter, but were not audited, is 22 617 418.54 Euros and that it is considered that the amount of eligible turnover of companies that failed to submit any information on this subject is 2 419 260.87 Euros, ICP-ANACOM concludes that the amount of the sector’s eligible turnover, calculated under article 8 of the Fund Law, and for the purpose of article 18 of the same Law, is 4 688 812 675.81 Euros.

As regards the use of information from alternative sources instead of using exclusively information transmitted for the purpose of the Fund Law, it is stressed that the purpose of such information is to enable the most accurate overall amount of the sector’s eligible turnover to be reached and, as such, such figure must cover all companies providing, in 2013, on national territory, public communications networks and/or publicly available electronic communications services.

Without prejudice, the impact of the exclusive use of information conveyed by companies in the scope of the Fund Law was analysed, namely for the purpose of the determination of companies that will effectively contribute to the compensation fund, in compliance with paragraph 2 of article 18 of the Fund Law, compared to what would result from the use of amounts obtained through other sources, such as values included in ICP - ANACOM’s “Communications Market in the National Economy (2009-2013)”¹ on the sector’s total turnover in 2013, and compared to the use of such information complemented, where no other information is available, with data conveyed for the purpose of the entry and settlement of the annual fee referred to in article 105, paragraph 1b) of ECL.

The exclusive use of data of information conveyed by companies for the purpose of the Fund Law, or in alternative the use of such information complemented with the use of data conveyed by companies for the purpose of the entry and settlement of the annual fee referred to in article 105, paragraph 1b) of ECL, where information is not available for the purpose of the Fund Law, has no impact whatsoever in the determination of companies that will contribute to the compensation fund, nor in the amount of such contribution. This results from the fact that the difference between the two values is completely negligible, given that the amount of the eligible turnover of companies that submitted information for the purpose of the Fund Law represents more than 99% of the total amount of eligible turnover calculated for the sector and mentioned above.

Another alternative would be the use of data included in the publication mentioned earlier, on the “Communications Market in the National Economy (2009-2013)”.

The amount disclosed in the referred publication on the sector’s overall income, as regards the overall activity of companies, is 6 272 683 000 Euros (including income from outside the electronic communications sector). Income from the specific activity of electronic communications, excluding the sale of terminal equipment, income from other activities and income from transactions between bodies that belong to the same company, amount to 4 245 610 000 Euros. This last figure is close to the amount obtained for the purpose of the Fund Law, which is 4 688 812 675.81 Euros.

Nevertheless, it was deemed that this alternative would not be the most appropriate, bearing in mind that most missing information was available in the scope of data conveyed for the purpose of the entry and settlement of the annual fee referred to in article 105, paragraph 1b) of ECL, and in several cases, this information is more comprehensive, thus ICP-ANACOM opted for using it.

In any case, even if some of the information collected in the scope of the drafting of the referred publication was used, namely in order to address the lack of information on the amount of turnover for some companies, the use of such information would have no impact on the determination of companies subject to the obligation to contribute to the compensation fund.

In the light of the above, it is restated that in order to calculate the amount of the sector’s eligible turnover, ICP-ANACOM used data conveyed for the purpose of the Fund Law (21 companies having been audited, whose eligible turnover exceed 99% of the sector’s eligible turnover), complemented, where such information was not transmitted, by data submitted by companies for the purpose of the entry and settlement of the annual fee referred to in article 105, paragraph 1b) of ECL, having been considered as regards some companies which were not active, on the basis of ICP-ANACOM’s internal information, that the respective turnover amounted to zero, in 2013.

Under these conditions, the sector’s eligible turnover amounts to 4 688 812 675.81 Euros.