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Proposal for Law No 341/XII

Exhibition of Motives

Through Law No. 35/2012 of August 23, the fund's compensation fund was created

universal of electronical communications provided for in the Electrophic Communications Act (Law

n ° 5/2004 of February 10), intended for the financing of the net costs arising

of the provision of the universal service, henceforth designated by the compensation fund.

Article 17 (1) of Law No 35/2012 of August 23 provides that, by certain

conditions, the compensation fund is triggered for financing of the net costs

of the universal service (CLSU) incurred until the commencement of the provision of the universal service by the

providers who came to be designated in the concursal process sequence, on the terms

of Article 99 (3) of Law No 5/2004 of February 10.

Following the concursal process launched by the Government in 2012, the providers

assigned started their activity already during the year 2014. In consequence, during

part of the year 2014 the universal service was still secured by the then PT

Communications, S.A., as a dealership of the public telecommunications service, to the

shelter from Decree-Law No. 31/2003, of February 17, diploma that was meanwhile

repealed by the Decree-Law No. 35/2014 of March 7, which came into force in 1 of

June 2014.

Having present the time limits provided for in Chapter V of Law No 35/2012 of August 23 ,

it is estimated that the CLSU audit and approval process relating to 2014-in the period

leading up to the commencement of the provision of the universal service by the designated providers in the

sequence of the concursal process-, which is found to be the post of the National Authority of

Communications, henceforth designated by ANACOM, will not be completed before 2016.

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In effect, pursuant to Article 17 (3) of that law, the provider of the universal service

has a deadline of up to the end of October of each calendar year to transmit to ANACOM the

preliminary calculation of the CLSU relative to the previous calendar year, so it is expectable that the ex-

PT Communications, S.A., currently MEO-Communications and Multimedia Services, S.A.,

only retarget to that Authority the preliminary calculation of the CLSU relating to 2014 at the end of

October 2015.

After this communication will import to promote all calculation procedures and

audits necessary to ensure the technical and legal soundness of the final results

ascertained by ANACOM, so a final decision on the CLSU of 2014 will only be

approved, by this entity, in 2016.

It is thus important to create the necessary conditions to promote calculation and allocation

of those costs, within the framework already delineated by Law No. 35/2012, of 23 of

august, establishing that the extraordinary contribution provided for in this law covers

also the financing of the CLSU incurred by the then dealership of the service

universal, referring to the year 2014, which would appear to be approved by ANACOM in 2016.

Additionally, it imports to reformulate the obligation to send to ANACOM, by the

companies that offer networks and or services of electronic communications, in the event of

cessation of activity, of the information necessary to the identification of the entities that must

contribute to the financing of the universal service and the clearance of the value of the

respects contributions, so as to allow ANACOM to obtain all the information

necessary to that end.

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With effect, in the event of a cessation of activity, and considering that, in the year in which the

cessation, there may also be place for CLSU to compensate, it becomes necessary to acautelate

that ANACOM obtains from the companies offering networks and or communications services

electrolytics not only the information necessary to the process of clearance of the volume of

eligible business and launch of the contributions that will be due in that year, but also

to the process that will elapsed in the following year, specifically the information on the volume

of the company's business in the year in which it cesses activity. This information should be

presented autonomously and with the appropriate degree of disaggregation, so as to

that the CLSU clearing process for the year in which the companies in

matter cessed activity can be completed with all relevant elements.

The opportunity is taken to make some adjustments to the provisions that

report specifically to the remuneration to be paid to the state as

counterpart to the provision of the universal service provision of a telephone directory

complete and from a full service of lists information (the latter currently

designated "Service 118"), having present the recently adopted model for the provision

of this component of universal service in the future.

Indeed, in the follow-up to the Resolution of the Council of Ministers No. 7-B/2015, 20 of

February, has been promoted a new concursal procedure for selection of the future

provider of the component of the universal service provision of a telephone directory

complete and of a complete service of lists information, which was preceded by a

public consultation on the model in which it is expected to settle, in the future, the provision of this

component of the universal service.

In this framework, it is anticipated that this component may come to be financed by the fund of

compensation, as succeeding with the remaining components of universal service, rather than

give way to the payment of a counterpart to the state.

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It is thus justified to adjust the terms of Law No. 35/2012 of August 23 on the part

where it reports to the provision of the universal service of providing a list

full telephone and a complete service of lists information, leaving from the

treat autonomously in the face of the remaining components of universal service, but

keeping in open the possibility of, in the future, some of the components of the service

universal come to be revenue generators from the compensation fund.

Finally, having present the experience already collected by ANACOM with the process

concerning the launch and settlement of the extraordinary contribution to the fund of

universal service compensation and considering that the incentive mechanism to the

payment of the contributions to the compensation fund provided for in Article 13 of the Law

n. 35/2012 of August 23, already includes coercive collection and, should this not be shown to be effective,

the prorogation of the missing contribution, it was chosen to revoke the paragraph 5 of the cited Article 13,

which predicts that ANACOM should determine the immediate suspension of the exercise of the activity

to the company in a situation of default. With effect, even though it has not been applied, the

solution enshrined in the mentioned provision would allow to sanction the default of

a contributory obligation with a restriction on the freedom of enterprise, which may be

considered excessive.

It was heard from the National Communications Authority.

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:

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Article 1.

Object

This Law shall carry out the first amendment to the Act No 35/2012 of August 23, which proceeds

to the establishment of the clearing fund of the universal service of planned electronic communication

in the Electrophic Communications Act, intended for the financing of net costs

arising from the provision of the universal service.

Article 2.

Amendment to Law No. 35/2012 of August 23

Articles 5, 10, 15 and 18 of Law No. 35/2012 of August 23, go on to have the following

essay:

" Article 5.

[...]

1-[...]:

a) [...];

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

provision of the universal service or any of its

components, in the terms of the respecting contract, if and when

applicable;

c) [...];

d) [...];

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e) [...];

f) [...].

2-[...].

3-[...].

4-[...].

Article 10.

[...]

1-[...].

2-[...]:

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

provision of the universal service or any of its

components, in the terms of the respecting contract, if and when

applicable;

b) [...];

c) [...];

d) [...];

e) [...].

3-[...].

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Article 15.

[...]

1-[...].

2-[...].

3-[...].

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

within 15 working days, from the date of cessation, a statement with

the value of the turnover and other information referred to in paragraph 1

relative to the current calendar year, as well as, whenever cessation occurs

prior to June 30, a statement with the same relative information

to the previous calendar year.

5-[...].

Article 18.

[...]

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

public and or services of electro-accessible communications to the public

are required to make an extraordinary contribution to the fund of

compensation, relative to each of the years 2013, 2014, 2015 and 2016

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

previous article that were to come to be approved by ANACOM in such years.

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2-[...].

3-[...].

4-[...]:

5-[...].

6-[...].

7-[...]. "

Article 3.

Abrogation standard

Article 13 (5) of Law No 35/2012, August 23, is repealed.

Article 4.

Republication

1-Is republished, in annex to this Law, of which it is an integral part, Law No. 35/2012,

of August 23, with the current essay.

2-For the purpose of republishing, where it reads "ICP-National Communications Authority",

"ICP-ANACOM" and "Institute of Treasury Management and Public Credit, I. P.",

must read, respectively, "National Communications Authority", "ANACOM" and

"Treasury Management Agency and Public Debt-IGCP, E.P.E.".

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Article 5.

Entry into force

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

Seen and approved in Council of Ministers of May 28, 2015

The Prime Minister

The Minister of the Presidency and Parliamentary Affairs

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ANNEX

(referred to in Article 4)

Republication of Law No. 35/2012 of August 23

CHAPTER I

General provisions

Article 1.

Object

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

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

of February (Electrophic Communications Act), amended and Republicated by the Law

no 51/2011 of September 13, as well as the setting of the allocation criterion of the

net costs of the universal service among 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

services of electro-accessible communications to the public.

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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 electro-accessible communications to the public on the national territory.

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 National Communications Authority

(ANACOM) to whom it competes, as a managing entity, to ensure its representation

legal.

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

ANACOM.

4-Compete à ANACOM, as a managing entity, arrange the accounting of the fund

of compensation for harmony with the standards of the Normalization System

Accounting (SNC).

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

official reviewer of accounts or by society of official auditors.

6-The report and accounts, as well as the opinion referred to in the preceding paragraph, are

published and sent to the ministry with tutelage on ANACOM.

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Article 4.

Administration of the compensation fund

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

compensation fund, in order to compete, specifically:

a) To manage and ensure the effective collection of the contributions of the companies they offer,

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

electro-accessible communications 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-A ANACOM can, at all times, practice all the necessary acts to the performance

of the powers provided for in this Law, namely to request and obtain the

relevant information from companies that offer public communications networks and or

electronic communications services accessible to the public, as well as triggering

audit actions.

Article 5.

Recipes

1-Constitutions revenue from the compensation fund:

a) The contributions of the participating companies;

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

universal service or any of its components, in the terms of the

respect contract, if and when applicable;

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 13 (1), paragraph 4 of the

article 19 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 bank created for the purpose of the Treasury Management Agency and the

Public debt-IGCP, E.P.E., which ensures conditions of 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 ANACOM, in accordance with the provisions of the

point ( b ) of Article 95 (1) and in Article 97 of the same law, as well as funding

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

electro-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

electrolytics 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.

3-For the purposes of the provisions of this Law, it shall be deemed to be a sole company o

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

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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 attributed by the holding of shareholdings

social;

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 this Law is the volume

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

in national territory, deduced the values corresponding to:

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

public communications and or services of electronical communications accessible to the

public;

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

c) Sales of terminal equipment.

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 sector of electronical communications is realized from

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agreement with the following formula:

where:

Pi -weight of the company in the sector of electronical communications;

Vi -eligible turnover in the sector of electro-communications in territory

company national i in the calendar year concerned;

From Vi -eligible turnover of the sector of the electro-communications in territory

national of all companies that offer public communications networks and or services

of electro-accessible communications to the public in the calendar year concerned.

2-In the case of companies consisting of more than one entity, it is considered, for purposes

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

entities that integrate them.

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 or any of its components, in the terms of the

respect contract, if and when 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

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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) which are

available in the compensation fund at the start date of the procedure of

launch of the contributions;

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

electronical 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 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

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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, ANACOM draws up 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;

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

are eventually due in accordance with paragraph 7;

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-A 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, approved by the Decree-Law No. 398/98 of December 17 on the

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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-A ANACOM may authorize that 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

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-A ANACOM may also authorize that the provider or service providers

universal 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 ANACOM, by non-superior period

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

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de mora, pursuant to the general tax law, to settle at the time of the

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, ANACOM proceeds to the

sending letter warning to the entity whose contribution is in short supply by registered mail with

warning of recetion.

4-The value of contributions due to the compensation fund that is not paid through

of the coercive collection procedure provided for in paragraph 2 shall be borne rateately

by the remaining entities obliged to contribute to the fund, in the proportion of the respects

volumes of business, observing, with due adaptations, the provisions of paragraphs 5 a

7 of Article 11 and in Article 12 para.

5-[ Revoked ].

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.

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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 said deadline

in paragraph 1 are transferred to the provider or providers of the universal service on time

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 are

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

public accessible electronic communications services to the public should send to ANACOM,

by June 30 of each year, declaration on the previous calendar year, signed by

person with powers to link them, as such recognized in quality, with the value

of turnover and too much information that allows to ascertain the turnover

eligible, 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

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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 law.

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

15 working days, from the date of cessation, a statement with the value of the volume of

business and other information referred to in paragraph 1 relating to the current calendar year, well

as, whenever the cessation occurs before June 30, a statement with the

same information regarding the previous calendar year.

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, in particular those concerning the exigency 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-A ANACOM can trigger audit actions with the aim of:

a) Collect the necessary elements in the clearance of eligible turnover

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.

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2-audits are carried out with observance of the standards of the general tax law concerning

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

Tax Proceedings, approved by the Decree-Law No. 433/99 of October 26, and of the

Supplemental Regime Standards of the Tax Inspection Procedure, approved

by Decree-Law No. 413/98 of December 31, with the emerging adaptations of the

specifics of the scheme of contributions set out in this Law and the structure

Organic from ANACOM.

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

services or to specially qualified and qualified external consultants,

notably official reviewers of accounts, or official reviewer companies of

accounts.

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

by ANACOM.

CHAPTER V

Compensation of net costs for the period

previous to the designation of the universal service provider by tender

Article 17.

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

1-The compensation fund set up by this Law shall also be triggered for

compensation of the net costs of the universal service incurred until the beginning 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,

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cumulatively:

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

considered excessive by 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 10

of February, 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 the one that comes to be approved by ANACOM, in the terms provided for

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 ANACOM, when it has not yet done so, by the end of

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

relative to the previous calendar year, and elements that serve you with support, in a way

fully transparent and auditable, and on the terms set by 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 five working days after notification of the final approval decision of the value

of the said costs by 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.

6-The provisions of paragraph 3, as to the period of transmission to ANACOM of the preliminary calculation

of the net costs of the universal service, it is not applicable to the years prior to 2011.

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Article 18.

Extraordinary contribution

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

electronic communications services accessible to the public are required to effect

an extraordinary contribution to the compensation fund, relating to each of the

years of 2013, 2014, 2015 and 2016 exclusively aimed at financing the costs

liquids referred to in the previous article that appear to be approved by ANACOM in such

years.

2-Excludes from the provisions of the previous number the companies that, in each of the years there

referred to, register an eligible turnover in the communications sector

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

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

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

december each of the years referred to in the previous figures, a unit

economic or which hold between each other ties of interdependence, arising,

particularly:

a) From a majority stake in the social capital;

b) From the detention of more than half of the votes attributed by the holding of shareholdings

social;

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.

4-To the extraordinary contribution referred to in paragraph 1 shall apply, with the necessary

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adaptations, the provisions of Article 7 (2), Article 9 and Article 10 (3).

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

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

following.

6-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.

7-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 à ANACOM proceed to the identification of the entities obliged to contribute

for the compensation fund, for financing the net costs to be offset in the

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

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 approval, by ANACOM, of the net costs to be compensating.

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

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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, in the terms provided for in the general law

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 apply for ANACOM, up to five 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 ANACOM at the rate provided for in Article 559 (1) of the

Civil Code.

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

years, and the value of each benefit may not 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

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.

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7-Compete à 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 compensates are approved, without prejudice to the possible

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

willing in 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-For transfers to the provider of the universal service is applicable, with due

adaptations, the provisions of Article 14 (2) and 4.

Article 22.

Information and audits duties

It shall apply to the scheme provided for in this Chapter the provisions of Articles 15 and 16.

Article 23.

Entry into force

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

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