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Proposal for Law No 60 /XII

Exhibition of Motives

It constitutes an incumbent of the State to ensure that it is available to all

users the universal service of electronic communications, i.e. the minimum set

of benefits defined in the law, with a specified quality and an affordable price, which

must be provided in a non-discriminatory manner, regardless of location

geographical of users. It shall thus ensure that, in a liberalized environment and

competitive, no citizen will be without means to meet their needs of

essential communication.

The need to ensure the provision of universal service across the territory at prices

accessible may entail the provision of some of its components in

injury-generating conditions for the provider of the provider (s) or that deviate from the

normal commercial conditions.

In this context, Law No. 5/2004 of February 10, amended and republished by the Law

n 51/2011 of September 13 (Electronic Communications Act) provides, in its article

97., that universal service providers are compensated for the net costs

arising from the provision of this service that are deemed excessive by the authority

national regulator (the ICP-National Communications Authority-ICP-ANACOM).

In accordance with the provisions of the Electronic Communications Act, the compensation of costs

net of the universal service can be effected by one of two routes: public funds or

apportionment of the costs by the companies which, on the national territory, offer networks of

public communications or electronic communications services accessible to the public. Such

compensation can, still, be operated through a combination of the two mechanisms.

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Of note, at this headquarters, that the option of sharing the costs by the companies of

electronic communications makes it possible for the burden inherent in the provision of the service

universal stay circumscribed to the sector itself, without recourse to funds from the

general budget of the state and, to that extent, without burdening the generality of taxpayers.

This option, which has been adopted in other countries, appears to be the most appropriate one to

implement in Portugal.

The breakdown of the costs of universal service by the companies in the sector has been admitted

in the law since 1998. However, its implementation is dependent on the creation of a fund of

compensation through which will be gathered and administered the contributions of the various

legally bound entities to participate in the financing of the universal service. It's this

fund that, in accordance with the provisions currently laid down in Article 97 (2) of the Law of

Electronic Communications, the present diploma aims to institute.

The established compensation fund should serve to compensate for the costs

liquids incurred by the provider (s) that come (in) to be designated by tender, by the

Government, pursuant to the provisions of Article 99 (3) of the Communications Act

Electronics want, still, the net costs that come with being borne by the current provider

of the universal service, the compensation of which is dependent on prior auditing and approval

by ICP-ANACOM.

As for the first, the Government has carried out, in articulation with the ICP-ANACOM,

a public consultation on the designs of the parts of three contests intended for the

contracting of the universal service provider (s), to which it ended at the end of December

of 2011. The contests in question refer to the connection to a public communications network

in a fixed place and provision of telephone services accessible to the public through that

connection, the provision of public posts and the provision of a complete telephone directory and

of a complete service of lists information.

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In the documents placed in consultation, which form the basis of the parts of the contests to

approve, it is expected that the entity or entities that come to be designated to provide the

corresponding service components (i) to the link to a public communications network

in a fixed place and provision of telephone services accessible to the public and (ii) to the offer of

public posts will be compensated for the net costs arising from the provision of these

services, by matching the amount of compensation, in such cases, to the one that is

indicated by the winning competitor (s) in their proposals. That is, to determine the

amount of compensation shall be used, in accordance with that provided for in paragraph b) from the

n Article 95 (1) of the Electronic Communications Act, the net costs of the provision

of the universal service identified within the framework of the assignment mechanism.

With respect to the net costs that come with being borne by the current provider of the

universal service, such costs are subject to audit and approval by ICP-ANACOM,

in accordance with the provisions of Article 96 (4) of the Communications Act

Electronic and with the deliberations adopted by the regulator in this field. The costs

liquids which, following the audits to be carried out, are approved by the ICP-ANACOM

in 2013, 2014 and 2015 will also be the object of compensation through the fund. These

costs include those to be checked up to the beginning of the provision of the universal service by the (s)

provider (s) that come (in) to be designated by tender.

The establishment of the compensation fund requires that to proceed to the realization of the mode of

determination of the contributions to be made to the compensation fund, ensuring that

are respected the principles of transparency, non-discrimination, proportionality

and of the minimum distortion of the market, in accordance with the provisions of the Law of

Electronic Communications. In order to ensure compliance with these principles, the

determination of the amount of contributions is based on a proportional distribution of the

net costs as a function of the eligible turnover of each entity.

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Additionally, it is considered relevant to determine the dispensation of the obligation to

contribution to the fund of companies that do not reach a certain level of volume

of eligible business, with what is intended to mitigate any obstacles to entry into the market

and promote the competition.

It also matters to define the legal nature of the fund, the attributions of the managing entity of the

even-the ICP-ANACOM-, the obligations to which it must obey the delivery of the

contributions and the terms in which the payment of the compensation to the (s) must be ensured

provider (s) of the universal service. In this way, the assignments and competences are balised.

of ICP-ANACOM in this framework and come to fruition, in accordance with the provided in paragraphs 2 a to 5

of Article 97 of the Electronic Communications Act, the rules of operation of the

fund.

It is pointed out that the Portuguese State should proceed to the launch of the tenders for

selection of the provider or providers in the shortest space of time, taking into account the

Judgment of the Court of Justice of the European Union of October 7, 2010, which stated

non-compliance by the Portuguese State of the rules of law of the European Union

relating to the designation of the provider of the universal service. The launch of the contests

constitutes, still, a measure of the Memorandum of Understanding on Conditionalities

of Economic Policy concluded between the Portuguese State, the European Commission, the Bank

European Central and the International Monetary Fund.

In this context, the creation of the compensation fund and the realization of its mode of

operation is of particular urgency, as they translate into the fixing of the rules

applicable to the financing of universal service.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law, with a request for priority and urgency:

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CHAPTER I

General provisions

Article 1.

Object

1-A present law proceeds to the establishment of the universal service compensation fund of

electronic communications referred to in Article 97 (2) of Law No 5/2004 of 10

of February, amended and Republicated by Law No. 51/2011 of September 13, as well as

to the setting of the criterion for the allocation of the net costs of the universal service between the

companies obliged to contribute to that one.

2-The compensation fund is intended for the financing of the net costs arising

of the provision of the universal service.

Article 2.

General principles

1-The compensation fund obeyed in its operation to the principles of

transparency, non-discrimination, proportionality and minimal distortion of the market.

2-The financing of the net costs of the universal service rests on its apportionment by the

companies that offer, in the national territory, public communications networks and or

electronic communications services accessible to the public.

3-For the purposes of the provisions of the preceding paragraph, they are gathered in the compensation fund as

contributions from companies that offer public communications networks and or services

of electronic communications accessible to the public on the national territory.

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CHAPTER II

Compensation fund

Article 3.

Legal nature of the compensation fund

1-The compensation fund constitutes an autonomous public patrimony, without

legal personality, under the administration of the ICP-National Authority of

Communications (ICP-ANACOM) to whom it competes, as a managing entity, to ensure

their legal representation.

2-The compensation fund does not respond in case any by the entity's debts

gestures nor this one responds by the credits on the fund.

3-A accounting of the compensation fund is autonomous and separate from the accounting of the

ICP-ANACOM.

4-Compete to ICP-ANACOM, as a managing entity, organize accounting of the

compensation fund of harmony with the standards of the Normalization System

Accounting (SNC).

5-The report and accounts of the compensation fund is the object of opinion drawn up by

official reviewer of accounts or by society of official auditors.

6-The report and accounts and the opinion to which the preceding paragraph is referred are published and

sent to the Ministry with guardianship over the ICP-ANACOM.

Article 4.

Administration of the compensation fund

1-Incumbent the ICP-ANACOM the practice of all the necessary acts for good administration

of the compensation fund, in order to compete, specifically:

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a) Managing and ensuring the effective collection of the contributions of the companies that

offer, on the national territory, public communications networks and or services

of electronic communications accessible to the public;

b) Managing the transfers and payments to be made to the provider or providers of the

universal service;

c) Administer the financial resources of the clearing fund;

d) Elaborate and publish annually a report containing the ascertained cost of the

universal service obligations, indicating the contributions made to the

compensation fund by all the companies involved.

2-The ICP-ANACOM can, at all times, practice all the necessary acts to the

performance of the powers provided for in this diploma, namely soliciting and

get the relevant information from companies that offer communications networks

public and or services of electronic communications accessible to the public, as well as

trigger audit actions.

Article 5.

Recipes

1-Constitutions revenue from the compensation fund:

a) The contributions of the participating companies;

b) The value of annual remuneration paid to the State as a counterpart to the provision

of the universal service of providing a complete telephone directory and a

full service of lists information, in the terms of the respecting contract,

where applicable;

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c) The product of the application of fines or contractual penalties to the provider or

providers of the universal service, under the contracts for the provision of the

universal service;

d) The income from the administration of the clearing fund,

particularly bank account yields where they hold the

availabilities of the clearing fund;

e) The interest referred to in Article 11 (7), Article 19 (4), paragraph 1 of the

article 13 and Article 20 (3) of the Article 20

f) Other recipes that, under the law, are affection to the fund.

2-By the end of February each year, the entities which, under the terms of the b ) of the number

previous, are required to pay the state a remuneration as a counterpart

by the provision of that universal service shall deposit in the compensation fund the

value of the remuneration due relative to the previous calendar year.

3-The financial resources of the clearing fund are deposited into an account

specific banking created for the purpose with the Treasury Management Institute and the

Public Credit, I.P., which ensures conditions for the provision of services,

particularly in terms of remuneration, equivalent to those of the banking system.

4-The revenue from the clearing fund becomes consigned to the financing of costs

net of the universal service.

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Article 6.

Net costs of universal service

The compensation fund is for the financing of the net costs of the service

universal determined in the context of the contests referred to in Article 99 (3) of the

Law No. 5/2004 of February 10, amended and Republicated by Law No. 51/2011, 13 of

september and considered excessive by the ICP-ANACOM, in compliance with the

provisions of the paragraph b) of Article 95 (1) and in Article 97 of the same diploma, as well as

to the financing of the net costs of the universal service referred to in Chapter V.

CHAPTER III

Financing of the net costs of universal service

Article 7.

Subjective incidence

1-Are obliged to contribute to the compensation fund the companies they offer,

in the national territory, public communications networks and or communications services

electronic accessible to the public that, in the calendar year to which they respect net costs,

have registered a volume of eligible business in the communications sector

electronic that confers them a weight equal to or greater than 1% of turnover

global eligible from the sector.

2-Include in the companies obliged to contribute to the compensation fund a

company or companies responsible for the provision of the universal service, provided that

register a volume of eligible business equal to or greater than that referred to in paragraph 1.

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3-For the purposes of the provisions of this diploma, it considers itself as a single company the

set of entities that, although legally distinct, constitute, at the date of 31 of

december of the calendar year to which they respect net costs, an economic unit or

that maintain among themselves links of interdependence, arising in particular:

a) From a majority stake in the social capital;

b) From the detention of more than half of the votes awarded by the detention of

social participations;

c) From the possibility of designating more than half of the members of the organs of

administration or surveillance;

d) From the power to manage business respects.

Article 8.

Eligible business volume

1-The volume of business to be considered for the purposes of the provisions of this diploma is the

eligible business volume, which corresponds to the value of sales and services

provided in national territory, deducted the values corresponding to:

a) Revenue from activities not related to the supply of networks of

public communications and or services of electronic communications accessible to the

public;

b) Revenue from transactions between entities owned by the same company;

c) Sales of terminal equipment;

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d) Costs relating to the provision of wholesale services by entities other than

belong to the same company.

2-In the calculation of the volume of eligible business are not considered the revenues

coming from activities developed outside the national territory.

3-In the calculation of the eligible turnover should not be considered the value relative to the

value added tax.

Article 9.

Weight of companies

1-The calculation of the weight of companies in the electronic communications sector is carried out of

agreement with the following formula:

Where:

Pi-Weight of the company in the electronic communications sector;

Vi-Volume of eligible business in the electronic communications sector in territory

national of the company i in the calendar year concerned;

Viewed Vi-Eligible business volume of the electronic communications sector in

national territory of all companies that offer public communications networks and

or electronic communications services accessible to the public in the calendar year concerned.

2-In the case of companies consisting of more than one entity, it shall be deemed to

effects of the provisions of this Article, the sum of the eligible turnover of each

one of the entities that integrate them.

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Article 10.

Criterion of allocation of net costs

1-The net costs referred to in Article 6 are rebroken annually by the companies

obliged to contribute to the compensation fund, in function and in the proportion of the

respects eligible turnover achieved in the calendar year to which the costs are referred.

2-The amount of the net costs of the universal service to be redeed shall be deducted:

a) The value of annual remuneration paid to the State as a counterpart to the provision

of the universal service of providing a complete telephone directory and a

full service of lists information, in the terms of the respecting contract,

where applicable;

b) The product of the application of fines or contractual penalties to the provider or

providers of the universal service, under the contracts for the provision of the

universal service, which is available in the compensation fund at the start date

of the procedure for the launching of the contributions;

c) The income from the administration of the clearing fund,

particularly bank account yields where they hold the

availabilities of the clearing fund, which are available in the fund at

date of commencement of the procedure for the launch of the contributions;

d) The interest referred to in Article 11 (7) and Article 13 (1) thereof.

are available in the compensation fund at the date of commencement of the procedure

of the launch of the contributions;

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e) Other revenue that pursuant to the law is affected to the compensation fund and that

are available in the same at the start date of the launch procedure

of the contributions.

3-For the purposes of the provisions of paragraph 1, the net costs of the universal service shall be broken down

by all legally autonomous entities that integrate a same company with

obligation to contribute to the compensation fund, in the proportion of the respect

eligible business volume, yet the weight of some of these entities in the sector of

electronic communications, calculated in accordance with the provisions of the previous article, be

less than 1% percent of the sector's overall eligible turnover.

Article 11.

Launch of contributions

1-Compete to ICP-ANACOM to proceed annually to the identification of the entities

obliged to contribute to the compensation fund and set the relative percentage of the

contributions from each entity depending on the amount of costs to be offset in the year

civil in cause, indicating, for each, the exact value of the respective contribution.

2-The procedure for identifying the entities obliged to contribute to the fund of

compensation and fixation of the value of the contributions is initiated in the third quarter of the

calendar year following that to which they respect the net costs to be compensating, taking by

basis the eligible turnover of the calendar year to which the net costs are concerned.

3-At the end of the procedure provided for in the preceding paragraph, the ICP-ANACOM elaborates

a list containing the following information:

a) Entities obliged to contribute to the compensation fund;

b) Amount of business eligible for calculation of the contributions due to the fund of

compensation;

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c) Value of the contributions of each entity, plus the countervailing interest that

are eventually due in accordance with paragraph 7 of this article;

d) Value of compensation to be paid to the provider or providers of the universal service;

e) Rectifications and adjustments that are warranted, specifically in relation to the

data ascertained relatively to the volume of eligible business effectively

realized, if applicable.

4-A The list referred to in the preceding paragraph shall be submitted to the prior hearing, pursuant to the

Administrative Procedure Code.

5-A The final decision regarding the launch of the contributions to the compensation fund is

notified to the entities listed in the list provided for in paragraph 3 and shall contain the indication of the

value of the settlement of the respective contribution, as well as of the bank account in which the

same must be credited.

6-The ICP-ANACOM publicizes the final decision provided for in the preceding paragraph at its site in the

Internet.

7-When, in fact attributable to the companies obliged to contribute to the fund of

compensation, are retarded or incorrectly carried out the launch and the

settlement of the contributions, compensatory interest are due, in the terms set out in the

General Tax Law, on the value of the contribution that comes to be ascertained.

Article 12.

Payment of contributions

1-The entities obliged to contribute to the compensation fund shall, within the period of

20 working days after notification of the decision provided for in paragraph 5 of the preceding article, proceed

to the payment of the respect contribution.

2-The ICP-ANACOM may authorize the provider or providers of the universal service

do not proceed to the delivery of the respective contribution case if it occurs that the value of the

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compensation to which they are entitled is higher than the value of the contribution to whose payment

are obliged, in that case the amount of the compensation to be transferred to the

provider or providers of the universal service deducted from the value of the respects

contributions.

3-The ICP-ANACOM may also authorize that the provider or providers of the

universal service proceed to the delivery of the respective contribution deducted from the value of the

compensation to which they are entitled, should it be found that the value of such compensation is

lower than the value of the contribution to whose payment are required.

4-A The request of those concerned, the time limit set out in paragraph 1 may, excecionally and in cases

duly substantiated, be extended by the ICP-ANACOM, by period not

superior to 10 working days.

Article 13.

Failure to comply with the payment obligation

1-Without prejudice to the sanctionatory mechanisms provided for in Law No. 5/2004, 10 of

February, amended and republished by Law No. 51/2011 of September 13 by the non

payment of the contributions in the time limits set out in Article 12 shall be due

of mora, pursuant to the General Tax Act, to be settled at the time of

payment of the contribution.

2-A lack of voluntary payment of the contributions due to the compensation fund

implies the extraction of debt certificate constituting executive title in the process of

tax enforcement, competing for the managing entity to promote the coercive collection

pursuant to the terms set out in the Code of Procedure and the Tributary Process.

3-Before extracting the certificate referred to in the preceding paragraph, the ICP-ANACOM,

proceeds to the sending of letter warning to the entity whose contribution is in short supply by mail

registered with notice of recetion.

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Article 14.

Transfers to providers of universal service

1-A transfer to the provider or providers of the universal service of the amount of the

compensation of the net costs of the universal service takes place up to 15 months after the

term of the calendar year to which they respect costs, without prejudice to the possible retardation

arising from the delay in the payment of the contributions.

2-The possible delay in the payment of the contributions referred to in the preceding paragraph

does not harm the payment to the provider or providers of the universal service, at the time

there provided for, of the amount of compensation that is available at the fund of

compensation.

3-In the situation referred to in the preceding paragraph, existing more than one provider of the

universal service, payment of the amount of compensation you find

available in the compensation fund will be distributed proportionally by the various

providers of the universal service, depending on the values due to them.

4-The values that are deposited in the compensation fund after the date referred to in the

n. 1 are transferred to the provider or providers of the universal service within the period of

10 working days after your receipt.

5-When, as a result of the non-payment of the contributions in the time limits set out in the

article 12, the transfer of the amount of compensation to the provider or

providers of the universal service may not take place within the time frame provided for in paragraph 1, the interest

of mora referred to in Article 13 (1) that are effectively received will be

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object of payment to the provider or providers of the universal service.

CHAPTER IV

Control

Article 15.

Duties of information

1-The companies that offer, in the national territory, public communications networks and or

electronic communications services accessible to the public should send to the ICP-

ANACOM, until June 30 of each year, declaration on the previous calendar year,

signed by person with powers to bind them, as such recognized in quality,

with the value of turnover and too much information that allows you to ascertain the

eligible turnover, as defined in Article 8 para.

2-For the purposes of the provisions of the preceding paragraph, when the fiscal year does not correspond to the

calendar year, should the companies indicate the values they understand to be of imputing to the year

civil, with due reasons.

3-The failure to comply with the information obligations to which the previous figures relate

constitutes non-compliance with the obligation of information provided for in Article 108 of the Law

n. 5/2004, of February 10, amended and republished by Law No. 51/2011, 13 of

september, cominate as counterordinance under the terms of the ( mm) of the Article 2 (2)

113. of the same diploma.

4-In the event of a cessation of activity the companies must send to the ICP-ANACOM, in the

deadline of 15 working days counted from the date of cessation, the declaration referred to in the

n. 1.

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5-When the situation referred to in the preceding paragraph leads to the dissolution and settlement of the

companies, apply to the contributions due to the compensation fund the rules of the

Code of Commercial Societies, inter alia, those concerning the exigability of

credits and debits of society, the settlement of social liabilities and the responsibility of the

partners by the supervenient liability.

Article 16.

Audits

1-The ICP-ANACOM can trigger audit actions with the aim of:

a) Collect the necessary elements for the clearance of turnover

eligible provided for in Article 8;

b) Ascertain the correctness and correctness of the various elements that have an impact on the

determination of the amount of the net costs to be compensated and or in the setting of the

contributions due to the compensation fund.

2-audits are carried out with observance of the standards of the General Tax Act

relating to the tax procedure, the general provisions of the Code of Procedure

and of the Trbuttal Process and the standards of the Supplementary Regime of the Procedure of

Tax Inspection, with the emerging adaptations of the specificities of the regime of

contributions established in the present diploma and the organic structure of the ICP-

ANACOM.

3-For the purposes of the previous figures, the ICP-ANACOM can draw on its own

services or to specially qualified and qualified external consultants,

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notably official reviewers of accounts or company of official auditors.

4-The persons or entities involved in inspection actions are duly accredited

by ICP-ANACOM.

CHAPTER V

Final and transitional provisions

Article 17.

Financing of net costs in the period prior to the designation by tender

1-The compensation fund instituted by this diploma must also be

triggered for compensation of the net costs of the universal service incurred up to the

initiation of the provision of the universal service by the provider or providers who come to be

designated in accordance with Article 99 (3) of the Law No 5/2004 of February 10,

amended and republished by Law No. 51/2011 of September 13, whenever,

cumulatively:

a) If you check the existence of net costs, in the audit sequence, that are

deemed excessive by the ICP-ANACOM, in accordance with the provision in the letter

a) of Article 95 (1) and in Article 95 (2) and Articles 96 and 97 of Law No 5/2004, of

February 10, amended and Republicated by Law No. 51/2011 of September 13;

b) The provider of the universal service asks the Government for the compensation of costs

referred to in the preceding paragraph.

2-The amount of net costs to be offset in the period prior to the designation by

contest corresponds to what comes to be ascertained and approved by the ICP-ANACOM, nos

terms set out in the paragraph a) of the previous number.

3-For the purposes of the audit referred to in point a) of paragraph 1, the provider of the service

universal must convey to the ICP-ANACOM, when it has not done so yet, until the

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end of October of each calendar year, the preliminary calculation of the net costs of the service

universal relative to the previous calendar year, and elements that serve it support, from

fully transparent and auditable mode, and in accordance with the methodology fixed by the

ICP-ANACOM.

4-The provider of the universal service shall ask the Government for the compensation of costs

universal service liquids that are approved in the audit sequence at the deadline

maximum of 5 working days after notification of the final decision of approval of the value of the

referred to costs by the ICP-ANACOM.

5-The fulfilment of the obligations referred to in the preceding paragraphs, at the time limits therein

anticipated, constitutes a requirement of the financing of the net costs of the universal service

incurred in the period prior to the designation by tender.

Article 18.

Extraordinary contribution

1-In each of the years 2013, 2014 and 2015, following the clearance and approval sequence,

by ICP-ANACOM, of the net costs to be compensating, the companies they offer, in the

national territory, public communications networks and or communications services

electronic accessible to the public and have registered, in each of the years in question,

a volume of eligible business in the electronic communications sector that confers them on

a weight equal to or greater than 1% of the overall eligible turnover of the sector, are

obliged to make an extraordinary contribution to the compensation fund,

exclusively intended for the financing of the net costs referred to in the article

previous.

2-It shall apply, with the necessary adaptations, the provisions of Article 7 (2) and (3) thereof.

article 9 and in Article 10 (3)

3-A The extraordinary contribution referred to in paragraph 1 corresponds to 3% of the volume of

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annual eligible business of each entity, with the limits arising from the numbers

following.

4-The amount of the outstanding contribution to be charged to each entity can never exceed

the value that would fit you as a result of the allocation of the net costs to which the

n Article 17 (2) by the entities obliged to contribute, in the proportion of the respect

eligible business volume.

5-In the amount of net costs to be considered for the purposes of fixing the value of

contributions must be deducted:

a) The interest referred to in paragraph 4 of the following article;

b) Other revenue that under the law is affected to the financing of costs

liquids to be compensating in the period prior to the designation by tender and that

are available in the compensation fund at the date of commencement of the procedure

of launching the contributions.

Article 19.

Launch of the extraordinary contribution

1-Compete to ICP-ANACOM proceed to the identification of the entities obliged to

contribute to the compensation fund, for financing the net costs to

compensate in the period prior to the designation by tender, and set the exact value of the

respects extraordinary contribution.

2-The procedure referred to in the preceding paragraph shall begin in the month of July of the year

subsequent to that of the clearance and approval, by the ICP-ANACOM, of the net costs

to compensate.

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3-The procedure for launching the contributions applies to the provisions of the n. paragraphs 3 a to 6

of Article 11 para.

4-When, in fact attributable to the companies obliged to contribute, they are retarded or

incorrectly carried out the launch and liquidation of the extraordinary contribution,

are also due compensatory interest, under the terms set out in the General Act

Tributary, on the value of the contribution that comes to be ascertained.

Article 20.

Payment of the extraordinary contribution

1-The payment of the contributions relating to the period prior to the designation by tender

comply with the provisions of Articles 12 and 13, with due adaptations, without prejudice to the

willing in the following numbers.

2-The entities obliged to contribute may request the ICP-ANACOM, up to 5 working days

before the cut-off date for payment of the respective contributions, the payment in

annual benefits of the contributions that are due.

3-A each annual instalment referred to in the preceding paragraph shall be added interest on the capital in

debt, settled annually by the ICP-ANACOM at the rate provided for in paragraph 1 of the article

559. of the Civil Code.

4-The benefits referred to in paragraph 2 shall be paid in a maximum period of 5 years,

may not the value of each benefit be less than one-fifth of the overall value of the

contribution due by each entity.

5-For the guarantee of payment of benefits the entities obliged to contribute must

present bank or insurance guarantee of value equal to the amount in debt, the

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which will be released in a partial manner depending on the payment of the benefits under account.

6-A The lack of payment of any of the benefits matters the immediate maturity of the

remaining.

7-Compete to ICP-ANACOM approve the terms of the bank guarantee or the

insurance-collateral provided for in paragraph 5.

Article 21.

Transfers to the provider of the universal service

1-A transfer to the provider of the universal service of the amount of compensation of the

net costs of the universal service takes place up to 15 months after the end of the calendar year

where the net costs to be compensated are ascertained and approved, without prejudice to the

possible retardation arising from the delay of payment of the contributions, as well as

of the provisions of the following numbers.

2-Should the entities obliged to contribute to the payment in benefits to which if

refers to paragraph 2 of the previous article, the amount of each of the benefits paid after the

payment of the first instalment must be transferred to the service provider

universal within 10 working days after your receipt in the compensation fund.

3-Add to the amounts to be transferred to the provider of the universal service on the terms

of the preceding paragraphs, if applicable, the interest provided for in Article 13 (1) and the interest

provided for in paragraph 3 of the preceding Article.

4-The provisions of Article 14 (14) and (14) shall apply, with due adaptations.

Article 22.

Information and audits duties

CHAIR OF THE COUNCIL OF MINISTERS

24

Applies, for the purposes of the scheme provided for in this Chapter, to the provisions of Articles 15.

and 16. th

Article 23.

Entry into force

This diploma shall come into force on the day following that of its publication.

Seen and approved in Council of Ministers of May 17, 2012

The Prime Minister

The Deputy Minister and Parliamentary Affairs