On Tuesday, ANRC launched for consultation the draft decision setting out the rules and procedures for the calculation of the monitoring tariff owed to ANRC and of the contribution to Universal Service, as well as the choice of the providers of electronic communications or of postal services for one of the two calculation procedures.
This draft decision establishes the actual method of enforcement of Law no.239/2005, which – upon ANRC’s initiative – amended the calculation procedure of the monitoring tariff owed to ANRC by the providers for the control and surveillance activity on the markets of electronic communications and postal services. This amendment was previously calculated based not only on a provider’s income from activities in the field of communications, but also based on a provider’s total income, irrespective of the activities generating such income.
The new method for calculating the two types of contributions is to come into force starting 2006. According to this draft decision, the providers of electronic communications or of postal services will have to notify ANRC by sending a standard form, where they have to tick one of the two formulas for the calculation of the monitoring tariff and of the contribution to Universal Service, i.e.:
a. calculate the two financial obligations as a percentage of the whole turnover (as currently in force);
b. calculate the two contributions as a percentage of the income obtained solely from the provision of electronic communications networks and services, provided that the respective provider keeps separate accounts for these activities.
The providers who contribute to the Universal Service Fund may also choose to diminish the calculation base for their contribution by the income from services of transmission through audio-visual networks.
The providers choosing the two financial obligations to be calculated based on the income resulted exclusively from activities regarding the provision of electronic communications or postal services will have the obligation to separate, within their accounting system, the income from activities regarding the provision of electronic communications networks or services or of postal services, as the case may be, by appropriately filling in a monthly sales report. Consolidated sales reports and personal liability statements on the income from activities regarding the provision of electronic communications or postal services must be certified by an independent authorised financial auditor.
The right to choose shall be exercised by filling in the standard-form “Option on the financial obligations calculation by the National Regulatory Authority for Communications“, which is available for consultation in annex no.1 of the draft decision, as well as by sending this form to ANRC before December 24th of the year when the quality of a provider of electronic communications networks or services or that of a provider of postal services has been acquired, or – else – within 15 days from the entry into force of the decision under consultation.
The ANRC President’s Draft Decision on the establishment of the monitoring tariff and of the contribution for compensating the net cost of the provision of services within the scope of universal service, considering certain types of revenue, and on conducting separate accounts for these types of revenue by the providers of electronic communications networks or services and by the providers of postal services is available on the ANRC website. All interested persons are invited to send their comments and suggestions by January 31, 2006. Comments and suggestions may be submitted by mail to the ANRC headquarters (14 Libertatii Blvd., Sector 5, Bucharest) or directly to the ANRC registration office or to the closest territorial office of ANRC. Comments may be sent also by fax to +40 21 307 54 02 or by e-mail to consultare@anrc.ro.
Additional information
The annual monitoring tariff owed to ANRC for the control and surveillance activity in the markets of electronic communications and postal services has been calculated, so far, based not only on the income resulted from the activities in these markets, but on the total income of a provider, disregarding the activity it comes from.
Law no.239/2005 on the amendment and completion of certain normative acts in the field of communications amended the calculation formula for the monitoring tariff, thus establishing a fair calculation base, consisting exclusively of income resulted from the activities monitored by ANRC and considering the exact duration of these activities.
In order to harmonise the calculation formula of the providers’ contribution to the Universal Service Fund with the new mechanism for the calculation of the monitoring tariff established by Law no.239/2005, ANRC offered the providers the possibility to choose between two calculation methods regarding the percentage owed for financing Universal Service, starting 2006:
a) calculate the contribution to the Universal Service Fund as a percentage of the whole turnover (as currently in force);
b) calculate the contribution to the Universal Service Fund as a percentage of the income obtained solely from the provision of electronic communications networks and services, should the respective provider keep separate accounts for these activities. ANRC will establish the terms for conducting and auditing the separate accounts.
In both cases, in order to establish the amount of the contribution, the turnover shall be diminished by the income resulted from interconnection services and from roaming services offered – on the wholesale market – to the providers of mobile telephone services based outside Romania for their users in Romania (as currently in force).
Moreover, starting 2006, the providers owing this contribution will have the possibility to choose that their turnover be diminished by the income from services of transmission of audio-visual programmes, based on separate accounting statements elaborated and audited under the terms established by ANRC.