Whereas:
a. The CLSU calculation methodology developed by ANACOM establishes CLSU on a year-on-year basis.
b. Universal service providers selected by tender started operation concerning the component of provision of connection to a public communications network at a fixed location and of publicly available telephone services on 1 June 2014, and on 9 April as regards the provision of public pay-phones.
c. In 2014, MEO provided the universal service until USP designated by tender started operation.
d. The determination of CLSU based on the methodology defined by ANACOM and used to calculate CLSU as from 2007 requires adaptation, given that CLSU incurred by MEO to be calculated for 2014 only concern a part of the year.
e. On 30.06.2014, MEO submitted to ANACOM three alternative approaches for adapting the methodology in order to be able to calculate CLSU for 2014.
f. Under paragraph 3 of article 17 of Law No 35/2012, of 23 August, the USP must submit to ANACOM, by the end of October every calendar year, the preliminary calculation of CLSU for the preceding calendar year, as well as elements to support such calculation, in a fully transparent and auditable manner, and in the terms established by ANACOM.
g. ANACOM analysed the approaches presented by MEO and considered other possible approaches, having set out in this draft decision a reasoned opinion on the adaptations deemed to be required in the scope of the CLSU calculation methodology.
h. A general consultation and a prior hearing of interested parties were held for a 20-working-day time period, under article 8 of ECL and articles 100 and 101 of the Administrative Procedure Code (approved by Decree-Law No 42/91, of 15 November, which applies ex vi article 8 of Decree-Law No 4/2015, of 7 January, which approved the new Administrative Procedure Code), in the course of which three timely contributions were received, which were summarized and analysed in the general consultation and prior hearing report, deemed to be an integral part hereof.
The Management Board of ANACOM, in the scope of assignments conferred under paragraph 1 i) of article 8 of its Statutes, approved by Decree-Law No 39/2015, of 16 March, in the exercise of powers provided for in articles 95 and 96 of the Electronic Communications Law (Law No 5/2004, of 10 February), hereby determines:
- To approve the adaptation of the methodology for calculation of CLSU borne by MEO as USP of the component of provision of connection to a public communications network at a fixed location and of publicly available telephone services between 1 January and 31 May 2014, and as USP of the component of the provision of public pay-phones between 1 January and 8 April 2014, as described in the annex hereto and as substantiated in point 3.3.
