5. Review of the settlement of fees due for the provision of electronic communications networks and services for 2015, on account of the lodging by Atena T, S.A., in 2016 of its statement of relevant revenues


5.1. After several reminders and a litigation notice had been sent, Atena T, S.A.  submitted to ANACOM, on 6 May 2016, a statement of relevant revenues for 2014, duly completed and signed. This statement determines the change of the value of the sector’s relevant revenues, which implies, under paragraph 5 of article 105 of ECL, the need to adjust fees for 2015. The correction of the value of relevant revenues had an impact in the value of the t2 contribution rate, as shown in the following table:

2015 financial year (corrected)

Formula: t2 = (C-t1n1)/ ∑R2;

C= Total regulation costs resulting from the provision of electronic communications networks and services, for 2015 = 27,820,613€;

∑R0 = Value of relevant revenues of all bodies of step 0, for 2014 = 1,819,971€;

T1 = Fee due by bodies of step 1 (relevant revenues < = 1,500,000€) = 2,500€;

n1 = number of bodies of step 1= 22;

∑R = Value of relevant revenues of all providers of electronic communications networks and services for 2014 = 4,488,406,510€;

∑R1 = Total value of relevant revenues of bodies of step 1, for 2014 = 14,712,815€;

∑R2 = Total value of relevant revenues of bodies of step 2, for 2014 = 4,471,873,724€;

T1n1 = 2,500€ x 22 = 55,000€;

t2 = Fee due by bodies of step 2 (relevant revenues >1,500,000€) =  (27,820,613€ - 55,000€) / 4,471,873.724€ = 0.6209%;

The value of fees to be settled results from applying the 0.6209% rate to the relevant income of each operator of step 2.

5.2. This change resulted in the review of the settlement performed and in the reimbursement to other operators of amounts overcharged, in proportion to the amount of relevant revenues used to calculate fees already settled, as shown in table 5.

Table 5 - Review of the settlement for 2015

 

2015

Initially considered

Corrected in 2016

Costs (without provisions)

21,202,871 €

Provisions for legal actions

6,617,742 €

Costs (with provisions)

27,820,613 €

∑R2

4,471,873,724 €

n1

21

22

T1n1

52,500 €

55,000 €

Formula to calculate t2 =

(27,820,613 €-52,500 €) / 4,471,873,724 €

(27,820,613 €-55,000 €) / 4,471,873,724 €

t2 =

0.6210% 

0.6209%

Amount to be settled by Atena T

2,500 €

Amount to be reimbursed to other operators

4,429 €

By determination of 30 June 2016, the Management Board of this Authority ordered the review of the settlement performed.