2. Regulatory framework


2.1. Quality of the universal service

Paragraph 1 of article 13 of the Postal Law lays down that it is incumbent on ICP-ANACOM, having heard the universal service provider and consumer organizations, to set out, for a three-year minimum multiannual period, parameters of quality of service and performance targets governing the provision of the universal service, related in particular to routing times, the regularity and reliability of services, as well as rules on their measurement, monitoring and disclosure.

Parameters of quality of service and performance targets must be compatible with quality standards for intra-Community cross-border services and other international services (paragraph 2 of article 13).

Universal service providers must implement a system for measuring levels of quality of service actually provided, in compliance with rules on the measurement of the quality of the universal service, namely intra-Community cross-border services, such measurement being carried out at least once a year by an independent external body (paragraph 3 of article 13). Measurement results are the subject of a report published at least once a year by providers of the universal service (paragraph 4 of article 13).

ICP-ANACOM must ensure that levels of quality of service provided by universal service providers are submitted to audits and to other control mechanisms, in order to ensure the accurateness and comparability of data provided by universal service providers, and that results are published at its website at least once a year (paragraphs 5 and 6 of article 13).

2.2. Non-compliance with performance targets

According to article 47 of the Postal Law, in case of failure to meet performance targets associated to the provision of the universal service, set out pursuant to paragraph 1 of article 13, ICP-ANACOM must apply mechanisms to compensate users of the universal service, according to the principles of proportionality, adequacy, non-discrimination and transparency.

2.3. Essential Public Services Law

Article 7 of Law No. 23/96, of 26 July (Essential Public Services Law)1, lays down that the provision of any [essential public] service must comply with high quality standards, including user satisfaction, especially where the price setting varies according to these standards.

In this scope, ICP-ANACOM carries out regularly (as a rule, every two years) a survey on the use of postal services, seeking to gauge the level of usage and perception as to the quality of postal services among residential users.

Notes
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1 Subsequently amended by Decree-Law No. 195/99, of 8 June, by Law No. 12/2008, of 26 February, by Law No. 24/2008, of 2 June, by Law No. 6/2011, of 10 March, by Law No. 44/2011, of 22 June and by Law No. 10/2013, of 28 January.