The Anacom and telecom operators do not understand about the fees charged by the regulator. PUBLIC know that some of the components of the rates of EUR 27.9 million relating to regulatory activity in 2014 were challenged in court by MEO, NOS and Vodafone.
According to the annual report of Anacom last year were initiated 18 new lawsuits, including 11 with values ordered by companies. Thus, in December, the entity headed by Fátima Barros was involved in 80 cases and was forced to increase the amount of provisions to cover the risks of these actions in 5.9 million euros, for a total of 50 million. The increase in provisions was due to the “establishment of new lawsuits, mainly related to the challenge of fees by operators,” says the document.
According to data collected by the PUBLIC, one of the reasons that has led operators to challenge the regulation rates are precisely the provisions. Since Anacom the accounts as communications regulation of costs (ie, provisions account for the amount of fees payable by undertakings, which are those who support the so-called administrative costs), operators understand that they are paying for actions shall introduce themselves against the regulator. Other figures for 2013 (the year the total amount of regulatory fees amounted to Euro 24.4 million) were also the target of lawsuits. Could not get comments or Anacom or companies on these issues.
Speaking later sent to PUBLIC, official source of Anacom said that “the payment of regulatory fees are provided for in European directives and legislation Portuguese and that Anacom complies with the legislation. “
It also said that” if the process ends without the court gives reason to operators, which Anacom does is give back to companies that accrued amounts. “
The Anacom point in the report, released last week, which obtained total revenues of 85 million euros in 2014, of which 27.9 million relate to the regulation of rates, 49.3 million to utilization rates the radio frequency and 1.7 million at the rates of use of numbers. Income increased by 30%, which is due in part to the fact that the Government has increased by 9.9 million euros the operating rates of frequencies to ensure greater tax revenue. There was also an adjustment (increase) of 3.5 million euros in fees / administrative costs after being cleared the final costs related to 2013 (which forced him to be more provisions for lawsuits). On the other hand, and because of the year last year have been closed two lawsuits to firms, Anacom will have to return fees of EUR 1.7 million that were provided for.
There are several, and many complex legal actions in which the regulator is involved. It is the very Anacom who recognizes the annual report, which reveals that spending on consulting lawyers rose 66% last year to 583,000 euros, due to the “greater involvement (…) in legal proceedings of increased complexity, which require specific and complementary monitoring of external lawyers. “
The regulator says they are concerned actions relating” primarily to the challenge of decisions taken under the regulation of market activity “and asking for compensation with values “significantly higher”. Thus, as the complexity, also the increased risk associated with the processes, which explains the strengthening of 5.9 million euros of accumulated provisions for legal proceedings, to 50 million. In practice this means that Anacom has accrued a value corresponding to almost 60% of income, which is recorded upon the costs attributable to companies, which in turn are often subject to legal challenge.
This is in Moreover, the only emphasis of the external auditor to report and accounts of Anacom: “Without qualifying our opinion on the financial statements, we draw attention to the fact that (…) include a provision for risks and charges accumulated in about value EUR 50 million, “writes Ernst & amp; Young Audit & amp; Associates. “Given the nature and complexity, the effects of the conclusion of those proceedings [judicial] have some uncertainties,” the audit report.
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