In case of failure to meet performance targets, established in this Determination, ICP-ANACOM must apply mechanisms to compensate users of the universal service (article 47 of the Postal Law).
The universal service consists, among other aspects, in the supply of a set of services of a specified quality, at affordable prices. It is thus deemed to be important that, in principle, failure to meet performance targets associated to the provision of the universal service is reflected in prices of the universal service.
In this context, ICP-ANACOM believes that non-compliance with performance targets must have an impact on price changes allowed for the universal service, in the scope of pricing rules defined by ICP - ANACOM under paragraph 3 of article 14 of the Postal Law.
Notwithstanding, ICP-ANACOM may accept the application of alternative measures, proposed by CTT, with an estimated similar financial impact.
In any case, the mechanism is applied in the year following that in which the non-compliance occurs and shall take effect only and exclusively in relation to that year.
Non-compliance situations shall be verified by ICP-ANACOM, having heard CTT.
The compensation mechanism referred herein shall be without prejudice to other penalties applicable by law.
