Ministerio das Finanças (Ministry of Finance)
Decree-Law
With the publication of Decree-Law no. 20-C/86 of 13 February, retired persons and pensioners with insufficient economic resources were granted the benefit of a 50% discount as to the telephone subscription charge, to the extent that the monthly household income thereof was equal to or less than the national minimum wage, making the necessary subscription for the telephone instalment in the respective homes more accessible.
Pursuant to article 4 of the mentioned statutory instrument, the loss of income affecting CTT and TLP, resulting from the implementation thereof, was to be deducted from the rents these enterprises were bound to pay to the State, pursuant to paragraph 2 of article 36 of Annex 1 to Decree-Law no. 49368, of 10 November 1969, and paragraph 4 of article 22 of the Annex to Decree-Law no. 48007, of 26 October 1967, as amended by Annex II to Decree-Law no. 49368, of 10 November 1969.
Having the restructuring process, initiated in 1992, of the national telecommunications sector reached an end, with the transformation of the CTT – Correios e Telecomunicações de Portugal, E.P., into a limited company and the subsequent split, and the conclusion of the privatisation process of Portugal Telecom S.A., and also having regard to the alteration of social and economic conditions concerning the moment of benefit constitution, along with significant changes in the telecommunications sector, with the introduction of mobile telephones and other means of distance communication, it is deemed necessary to reassess the regulations in force.
The review operated by means of this decree-law is further justified by the dismissal of the telecommunications basic network to the universal service operator, entailing for the State the non-receipt of the rent associated to the concession contract; nevertheless, the State intends to pursue the social policy of discounts as to the telephone subscription charge granted to retired persons and pensioners.
Therefore:
Pursuant to point a) of paragraph 1 of article 198 of the Constitution, the Government hereby decrees the following:
Article 1
Amendment to Decree-Law no. 20-C/86 of 13 February
1 – Article 4 of Decree-Law no. 20-C/86 of 13 February is hereby amended to read as follows:
« Article 4
PT Comunicações, S.A shall be repaid by the State on an annual basis for the loss of income resulting from the implementation of this statutory instrument.»
2 - References to the CTT and TLP contained in Decree-Law no. 20-C/86 of 13 February shall be construed as references to PT Comunicações, S.A., while the latter remains the responsible entity for the provision of the universal service.
Article 2
Date of effect
This Decree-Law shall take effect as from 1 January 2003.
Checked and approved in the Council of Ministers of 11 December 2002. – José Manuel Durão Barroso – Maria Manuela Dias Ferreira Leite - Carlos Manuel Tavares da Silva – António José Castro Bagão Félix.
Promulgated on 17 January 2003.
Let it be published.
The President of the Republic, JORGE SAMPAIO.
Counter-signed on 24 January 2003.
The Prime Minister, José Manuel Durão Barroso.
