ANCOM

Alternatively, instead of the turnover, in view of determining the providers obliged to pay the contribution, as well as of establishing the amount of the contribution, the providers of electronic communications public networks and the providers of publicly available telephone services may request to take into consideration the revenues obtained exclusively from the provision of electronic communications networks or services. If this second choice is preferred, the providers will have to keep separate accounts as regards the revenues obtained from the provision of electronic communications networks or services, as if these activities were performed by entities with distinct legal personality.
The financing needs will be established annually by summing the net costs resulted under the conditions provided in the designation decisions, thus being removed the possibility that part of the collected funds remained unused.
The Universal Service provider will be transferred the amount representing the net cost of the provision of services within the scope of Universal Service within a reasonable timeframe, which ensures the proper collection by ANCOM of the individual contributions owed by the providers obliged to compensate the net cost of the Universal Service provision.
The contributions collected from the providers of electronic communications public networks and from the providers of publicly available telephone services, on grounds of the ANRC President’s Decision no.1074/2004, determined the existence of a positive balance for financing the net cost of the provision of services within the scope of Universal Service.
Therefore, ANCOM proposes that the provisions of Chapter Five under the draft decision on the contributions owed by the providers of electronic communications public networks and the providers of publicly available telephone services be applied only when it is estimated that the needs of compensation of the total net cost will not exceed the existing available funds. Hence, the financing mechanism will be applied from a subsequent date, to be established by decision of the ANCOM President. The moment from which the providers will have the obligation to observe the provisions of Chapter Five on financing will be established in advance so that they could benefit from a predictable time horizon in which to take the measures required to ensure the compliance with the provisions under the decision.

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