7.
The Authority may prescribe a supplementary regulatory fee payable by registered
service providers as a percentage of their gross revenues, which percentage shall in no
event exceed 0.5% of such revenues, to make up any funding deficit resulting from the
factors listed below:
a)
Any judicial review process relating to any regulatory measure of the Authority or
recommendation of the Review Panel;
b)
Any review conducted by the Review Panel under Chapter IV;
c)
Any dispute resolution process conducted by the Authority under Chapter XI; or
d)
Any price modeling exercise pursuant to a tariff regulation proceeding conducted by the
Authority pursuant to Article 47.
8.
No supplementary regulatory fee shall take effect until it is approved by the Minister of
Finance, duly justified in the light of the objectives provided for in article 2 of the present
Decree-Law and the circumstances giving rise to the prescription of such fee.
9.
The Authority shall notify the Minister of Finance of:
a)
The amount of any costs that the Authority has incurred or reasonably expects to incur in
connection with the relevant proceedings pursuant to paragraph 7;
b)
The amount of any actual funding deficit and an estimate of the reasonably expected
funding deficit; and
c)
A revised and updated budget of the Authority relating to the period for which the
supplementary regulatory fee is requested.
10.
The Authority shall, at the same time as providing the notice to the Minister of Finance in
accordance with the preceding paragraph, provide a copy of such notice to the Minister
and all registered service providers, and thereafter publish it on its website.
11.
All fees and levies payable under the present Decree-Law shall be imposed in an
objective, transparent, non-discriminatory and proportionate manner.
12.
The Authority may not prescribe any fee or levy that is not authorised by the present
Decree-Law.
13.
Notwithstanding paragraph 7, where, during any particular financial year, the revenue of
the Authority is not sufficient to cover the costs or expenses of performing its functions
and responsibilities or exercising its powers pursuant to the present Decree-Law, or
enable it to pay its debts as they fall due, then the Authority may request further funding
from the Minister of Finance and, in such circumstance, the Minister of Finance must
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