4. Review of the settlement of fees due for the provision of electronic communications networks and services for 2013 due to the correction of the value of revenues of MEO

4. Review of the settlement of fees due for the provision of electronic communications networks and services for 2013 due to the correction of the value of revenues of MEO - Serviços de Comunicações e Multimédia, S.A., according to final values of universal service net costs and of services, for 2012, for which the direct compensation by the State of any negative operation margins is provided for, under the bases of concession of the telecommunications public service.

4.1. Under paragraph 4 a) of annex II to Administrative Rule No. 1473-B/2008, of 17 December, revenues resulting from (i) the provision of universal service to final users, or to groups of specific final users, in the situation provided for in paragraph 2 b) of article 96 of the ECL, and from (ii) the provision of public pay-phones, as defined in point a) of the same provision, are not to be considered for the purpose of calculation of relevant revenues.

4.2. On the other hand, pursuant to paragraph 5 of annex II to the referred administrative rule, revenues resulting from the provision of the universal service are to be established on the basis of calculations undertaken by ANACOM pursuant to articles 95 and 96 of ECL, for the purpose of the calculation of net costs of universal service obligations. For the purpose of payment of fees due in each year, values of relevant revenues indicated by MEO - Serviços de Comunicações e Multimédia, S.A., are provisionally accepted, until referred net costs have been calculated by ANACOM, values being subsequently corrected.

4.3. By determination of 16 December 2015, the Management Board of this Authority, taking into account the audit results and the corresponding prior hearing and public consultation report, determined the final values of universal service net costs for 2012.

4.4. The correction of the value of relevant revenues of MEO - Serviços de Comunicações e Multimédia, S.A., for a lower value was reflected in the reduction of the total of relevant revenues of companies of step 2, with impact on the t2 value, which changed to 0.5491% instead of 0.5485% in 2013.

4.5. This change resulted in the review of the settlement performed, in particular in the reimbursement to MEO of amounts overcharged, and in the additional settlement as far as other operators were concerned, in proportion to the amount of relevant revenues used to calculate fees already settled, as shown in table 4.