It is announced that on 15 October 2021, under the terms and for the purposes of paragraph 1 of article 98 of Código do Procedimento Administrativo (Administrative Proceeding Code) and under point b) of paragraph 1 of article 26 of ANACOM's Statutes (approved by Decree-Law no. 39/2015https://www.anacom.pt/render.jsp?contentId=1351851 of 16 March), ANACOM's Board of Directors decided to commence a procedure to prepare a regulation on the methodology for calculating the net costs of providing the broadband Internet social tariff. This decision was made exercising the powers conferred by point a) of paragraph 2 of article 9 of said Statutes and the powers and responsibilities conferred on ANACOM by paragraph 1 of article 6 of Decree-Law no. 66/2021https://www.anacom.pt/render.jsp?contentId=1687781 of 30 July.
The purpose of this procedure is to establish the methodology that will be followed in calculating the net cost incurred in accomplishing the universal service obligations governing provision of broadband Internet access services, under the terms of Decree-Law no. 66/2021.
As such, the reimbursement of costs incurred due to provision of the broadband Internet access service under the terms of Decree-Law no. 66/2021 requires ANACOM, through the auditing of accounts and based on other information submitted to it by providers, to calculate the net cost of accomplishing this obligation. Observing the criteria contained in part A of the annex VII of Directive (EU) 2018/1972https://www.anacom.pt/render.jsp?contentId=1464945 of the European Parliament and of the Council of 11 December 2018, this calculation shall take into account any additional market advantages which might accrue to providers of the social tariff, such as growth in the market of users of these services.
Under paragraph 3 of article 6 of Decree-Law no. 66/2021, the reimbursement of the net costs arising from accomplishment of this universal service obligation depends on the submission of a proper request, addressed to the member of the Government responsible for the area of digital transition and to ANACOM. This request is to be made no later than the end of January, referring to the services provided in the previous calendar year. The request for reimbursement of the net costs of the universal service must be accompanied by all the necessary and relevant information needed for its assessment.
In view of the above framework and taking into account that the provision of Internet access services may occur in 2021 based on payment of the social tariff, it is important to begin the procedure to draw up a regulation on the methodology for calculating the net costs of this universal service provision, so that it can be approved in time to allow providers to request reimbursement of the costs incurred as a result of its provision in 2021.
In light of the above and given the legal deadlines applicable to the submission of requests for reimbursement of the net costs of this universal service provision, it is necessary to establish short time limits, both in compiling contributions to preparation of the draft, and also for the procedure's subsequent phases. Meanwhile, it is also important to ensure wide participation by the various interested parties in this process, albeit ensuring that the regulation is approved and enters into force in time to allow the reimbursement of costs that providers may have incurred as a result of this universal service provision during 2021.
As such, a period of 5 working days is now set, as from the date of this notice's publication, for interested parties, who so see fit, to constitute themselves as such in this procedure and so submit such contributions and suggestions as they consider should be taken into account in the drafting of the regulation. Comments can be sent in writing, no later than 25 October 2021, to regulamento.metodologia@anacom.ptmailto:regulamento.metodologia@anacom.pt.
At a later date, interested parties will have opportunity to express their views on the draft regulation which will be submitted to public consultation in accordance with Article 10 of ANACOM's Statutes, following publication on ANACOM's institutional website and in 2nd Series of Diário da República (Official Journal). ANACOM will examine the contributions and suggestions advanced by interested parties, and with the approval of the regulation, will produce a report making reference to all replies received and providing an overall assessment that reflects ANACOM's position thereon and the reasoning for the options taken.
Consult:
- Approval of the start of the regulatory procedure on the methodology for calculating the net costs of the social tariff for the provision of broadband Internet access services https://www.anacom.pt/render.jsp?contentId=1709722
