388/2006 Sb.



DECREE



of 19 December 2003. July 2006



the net cost of universal service in electronic communications



Ministry of Informatics establishes, pursuant to § 48 para. 7 of Act No. 127/2005

Coll., on electronic communications and amending some related

laws (the law on electronic communications), as amended

Regulations (hereinafter referred to as the "Act"):



§ 1



The subject of the edit



This Decree lays down the procedure for the calculation and determination of the net

the cost of providing universal service in electronic communications

including the assessment criteria, the unbearable burden of the procedure for the calculation of the net

the cost of the provision of partial service, the procedure for defining the market advantages

and the documents which must be accompanied by these calculations.



§ 2



The calculation of the net cost of the services provided under the universal

services



(1) the net cost of "^ 1") on the provision of universal service shall be calculated

as the sum of the net cost of services provided by each component in

the framework of the universal service.



(2) the net cost of partial service expressed in Eur shall be calculated according to the

formula:

INDEED = Nv-Tvu + NIus,



where is the



INDEED the net cost of the sub service

WIP costs should an entrepreneur, if he didn't have the obligation to provide

universal service, that is the difference between efficiency and effectiveness incurred

the cost of partial service entrepreneurs with the obligation to provide universal

service, and effectively and efficiently incurred costs on a subset of service businesses

without the obligation to provide universal service (EÚVNŹus-EÚVN)

Tvu market benefits the entrepreneur with the universal service obligations

Nius capacity return on investments incurred for the provision of

partial service.



(3) effectively and efficiently incurred costs of the entrepreneur with the obligation

provide a subset of the universal service costs are demonstrably necessary in order

to provide this service in the quality of and under the conditions laid down by Decree

No 162/2005 Coll., on the determination of the parameters of the quality of the universal service and

their emission limit values, and reported in accordance with the measures of a general nature

issued on the basis of § 86 para. 3 of the Act.



(4) effectively and efficiently incurred costs entrepreneurs without obligation

provide a subset of the universal service costs are demonstrably necessary in order

to provide a subset of the universal service in quality and subject to the conditions

established by Decree No. 162/2005 Coll., on the establishment of quality parameters

universal service and their limits, and reported in accordance with

measures of a general nature issued on the basis of § 86 para. 3 of the Act.



(5) a reasonable volume of return on investment shall be determined by multiplying the percentage

return on capital employed before tax, which is set out in the

measures of a general nature issued on the basis of § 86 para. 3 of the Act, and

book value of the investment necessary to provide proven incremental

services provided for as a weighted average of the monthly billing period.



(6) the market benefit from the provision of partial services shall be determined as the sum of the proceeds

from the provision of partial services, revenue related to the provision of partial

services and cash quantifying indirect benefits that has an entrepreneur with

obligations to provide partial service. An indirect benefit is the cost savings

obtained in connection with providing a partial service.



§ 3



Unbearable burden assessment criteria



Authority, when assessing an unbearable burden it's criteria:



and a comparison of the total amount) net cost of the entrepreneur with the obligation

provide partial service with profit before tax of this professional and



(b) a comparison of the total amount) net cost of the entrepreneur with the obligation

provide partial service with the total amount of the proceeds from the exercise of communication

the activities of this business.



Profit before tax for the purposes of this Ordinance, means the operating profit of the

the performance of the communication activities of the entrepreneur.



§ 4



The documents, which must be accompanied by a net cost calculations



(1) Universal Service Provider, which asks for reimbursement of net

the cost to the Office, together with the calculation of net costs under section 2 for the

billing period



and) the financial statements drawn up by a special legal regulation ^ 2)



(b) separate records) the results of cost-benefit



(c)) ^ 2) depreciation and amortisation per billing period,



(d)) for an overview of the costs which the provider of the universal service have not been

incurred if he had not been obliged to universal service,



e) list and quantify the market advantages which are supported by evidence from the accounts.



(2) a service provider who provides a subset of the service pursuant to § 38 paragraph 1(a). 2 (a).

and) Act, the Office for the accounting period, together with papers

referred to in paragraph 1, the list of the newly established and that are provisioned end

, indicating the unit costs for the establishment of an endpoint.



(3) the provider that provides a subset of the service pursuant to § 38 paragraph 1(a). 2 (a).

(b)) of the Act, the Office for the accounting period, together with papers

referred to in paragraph 1 of the statement, indicating the total number of operating

network endpoints.



(4) a service provider who provides a subset of the service pursuant to § 38 paragraph 1(a). 2 (a).

(c)) of the Act, the Office for the accounting period, together with papers

referred to in paragraph 1



and a statement of the number of participants) publicly available telephone services published

in the phone book to the first and the last day of the billing period

all business owners to provide a publicly available telephone service,



(b) the cost of conducting) for an overview of the participants publicly available database

telephone service,



(c) the issue of costs) for an overview of the phone book in printed form,



(d)) statement indicating the number of copies of the phone book,



(e) an overview of the costs of the distribution),



(f)) for an overview of the proceeds from the publication of the advertisement and other information,



(g) the cost of the phone) review the list of available means capable of

remote access,



(h)) the list reasonably incurred costs paid to other entrepreneurs

providing a publicly available telephone service for the transfer of personal

data of the subscribers who are natural persons and identifying information

subscribers who are legal persons, and for their update.



(5) the provider that provides a subset of the service pursuant to § 38 paragraph 1(a). 2 (a).

(d)) of the Act, the Office for the accounting period, together with papers

referred to in paragraph 1



and management costs) for an overview of the participants publicly available database

telephone service,



(b) revenue from the provision of) a summary of the information



(c)) for an overview of ad revenue and from the provision of the other data,



(d)) the list reasonably incurred costs paid to other entrepreneurs

providing a publicly available telephone service for the transfer of personal

data of the subscribers who are natural persons and identifying information

subscribers who are legal persons, and for their update.



(6) a service provider who provides a subset of the service pursuant to § 38 paragraph 1(a). 2 (a).

e) of the Act, the Office for the accounting period, together with papers

referred to in paragraph 1



and) a list of public telephones (hereinafter referred to as "slots") with the

including the data on traffic in pulses and minutes for individual machines,

including revenues for slot machines in total,



(b)) the list of cancelled and the newly-provisioned machines



and it's broken down on the machines operated under service and vending machines

outside the partial service.



(7) the provider that provides a subset of the service pursuant to § 38 paragraph 1(a). 2 (a).

(f)) of the Act, the Office for the accounting period, together with papers

referred to in paragraph 1, the list of participants, which was provided

specially equipped telecommunications terminal equipment in a given year, and

the list of participants, which have been granted such a device in the period

the previous year, the Association.



(8) a service provider who provides a subset of the service pursuant to § 38 paragraph 1(a). 2 (a).

g) points 1 and 2 of the Act, the Office for the accounting period, together with

the documents referred to in paragraph 1, the list of participants, which was provided

additional service, with an indication of the amount of the advantage.



(9) a service provider who provides special price according to § 38 paragraph 1(a). 3

the law, the Office for the accounting period, the list of persons with low

income, with special social needs and the disabled

people who were given special prizes according to § 38 paragraph 1(a). 4 of the law, with the

indication of the amount of the price advantage.



§ 5



The effectiveness of the



This Decree shall take effect on the first day of the month following the date on

its publication.



Minister:



Ing. Bérová born in r.



1) section 48 of Act No. 127/2005 Coll., on electronic communications and amending

some related laws (Act on electronic communications),

in the wording of later regulations.



2) Act No. 563/1991 Coll., on accounting, as amended.