The calculation of the Hi must the fcc are greater than those reported by the brazilian operator to the Justice Enterprise of the State of Rio de Janeiro, according to the agency. The regulator informed the Justice that leads to the process of judicial recovery of Oi, which the operator must in fact amounts exceeding R$ 20 billion, and not$ 11 billion, as detailed by the tele in the process of recovery.
By the accounts of the Anatel are$ 6.955.651.489,46 in administrative fines with credit already constituted; R$ 3.063.328.103,18 in administrative fines with credit still not constituted; R$ 4.552.086.929,88 in tax credits; R$ 1.081.963.197,73 claims of other natures (including contractual burdens); and R$ 4.583.085.046,45 in fines in the process of processing (calculated to the conclusion of Terms of Adjustment of Conduct – TACs). The total is$ 220.127.116.116,70. Oi, remember, it is disputed in court fines is already in place, and this may explain the difference in values between the calculations of the carrier and the fcc.
according To the press release of Anatel, however, that the amount of R$ 20 million does not include the "fines relating to processes that will not be included in future TACs, given the absence of an estimate for these values." Also not included are "the legal charges from the credit sign in outstanding Debt (10% of the parent) and to the filing of the tax foreclosure (20% of main), when this is the case."
The agency has required even the court of Rio de Janeiro for their exclusion from the list of creditors presented, "there is a view that, as the understanding of their Attorney, the credit Agency will not be subject to the same criteria for the negotiation of other debts" of the Oi and, therefore, "should not be included in the Plan of Judicial Recovery".
In the understanding of the prosecutor’s office of Anatel, credit federal government are subject to rule-specific, "not having the public agents authorized to carry out trades similar to that of the private creditors, who enjoy broad freedom to dispose of their rights".
The credits owed by Oi the fcc, explains the agency, is the result of administrative fines, tax credits, and debts of other natures, such as public prices and contractual burdens, and should, therefore, like other claims of the Union, be submitted to the Federal court.