Decision of 12 March 1999 laying down rules on the fees to be charged under the Telecommunications Act (Posts of Fees of Telecommunications Act)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the proposal of the Secretary of State for Transport and Water State of 18 November 1998, No HDTP/98/3612/CG, Main Telecommunication and Post Office;
Hearing the Council of State (opinion of 29 January 1999, no.W09.98.0533);
Having regard to the further report of the Secretary of State for Transport and Water State of 8 March 1999, No DGTP/99/233/CG, DirectorateGeneral Telecommunications and Post;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
a. Act: Telecommunications law ;
b. fee: fee, specified in Article 16.1 of the Act ;
c. Provider: Company offering publicly available electronic communications services, public electronic communications networks, or associated facilities.
1 The reimbursement shall cover the cost of the activities or services provided under the provisions of or under the conditions of Law be done by Our Minister.
2 The fee shall consist of:
a. an amount related to the costs of carrying out work or services under the terms of the order to Our Minister at or under the Law Dedicated execution task; or
b. an amount related to the costs of carrying out work or services under the conditions of the service to Our Minister at or under the Law supervisory task assigned; or
c. an annual contribution as referred to in 16.1, third or fourth paragraph, of the Act .
3 The fee shall be fixed per calendar year.
4 The amount referred to in point (a) of paragraph 2 shall be charged once.
5 The amount and the annual contribution referred to in point (b) and (c) of paragraph 2 shall be due in each calendar year and shall be charged once in each calendar year.
1 In respect of the costs referred to in Article 2, first paragraph , are considered to be the following principles:
(a) these costs shall be estimated for the calendar year for which the fee applies;
b. direct costs are allocated directly to categories of similar activities or services;
(c) indirect costs shall be allocated to categories of similar activities or services in proportion to their attachment to the respective activities or services;
d. these costs are calculated in an economic manner by means of a cost calculation model to be applied by Our Minister, so arranged so that at any moment the cost of the relevant costs is unambiguous and comprehensible. categories of similar activities or services may be derived.
2 Our Minister makes the cost calculation model referred to in paragraph 1 (d), known in a way to be determined by him.
3 To the extent that the costs consist of depreciation costs, these costs shall be estimated by proportional depreciation on the value of the purchase values of the capital goods per calendar year on the basis of economic life.
1 Categories as intended Article 3, first paragraph, b and c , its activities or services in relation to:
1 °. fixed compounds;
2 °. Mobile communications,
3 °. mobile public telephony and semaphonie,
4 °. Radiodetermination,
5 °. Radio amateurs;
6 °. broadcasting.
b. Edge devices and radio transmission devices and other devices specified in Chapter 10 of the Act ,
c. the designation of certification organisations as intended Article 18.16 of the Act ,
d. the designation of institutions as intended Article 18.17, second paragraph, of the Act .
2 Under ministerial arrangements, categories of similar activities or services may be determined by category, referred to in the first paragraph, and other categories of similar activities or services may be established.
1 By ministerial arrangement, the level of compensation by category or subcategory of similar work or services is determined on the basis of estimated costs assigned by category or sub-category as intended Article 4 .
2 The amounts and annual contributions of the scheme are to be included in the scheme. Article 2, second paragraph, points (a) to (c) , established separately.
Without prejudice Article 2, first to third paragraphs , may, by way of derogation from the Articles 2, 4th and Fifth paragraph , 3 , 4 and 5 , where a ministerial arrangement provides for a fee to be reimbursed to the extent necessary to cover unforeseen costs of work or of services referred to in Article 2, first paragraph .
Unless otherwise provided for in the case of a ministerial arrangement, payment of the fee by the person liable for payment shall be paid in advance.
1 [ Red: Change the Law on Telecommunications Facilities.]
2 [ Red: Modifying the Licensing Law cable-related telecommunications infrastructure.]
3 [ Red: Change of Radio Electrical Establishments Decision.]
4 [ Red: Amendments to the electromagnetic compatibility Decision.]
5 [ Red: Change the Decision peripherals and equipment for satellite earth stations.]
6 [ Red: Amendments to the application of the application procedure numbers.]
7 [ Red: Amendments to the Mobile Telecommunications Licensing Decision.]
8 [ Red: Modifying the cable-related telecommunications infrastructure Decision.]
9 [ Red: Modities of the Decision Turning Group and Cable establishments.]
This Decision shall enter into force with effect from 1 April 1999.
This decision is cited as: 'Fees of a Telecommunications Act'.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 12 March 1999
The Secretary of State for Transport and Water,
Mr. J. M. de VriesPublished on 25 March 1999
The Minister of Justice,
A. H. Korthals