Under paragraph 1 of article 5 of the pricing criteria, CTT is required to notify ICP-ANACOM on an annual basis of prices to be applied for postal services integrating the universal service provision, including any alteration thereto, at least 30 days ahead of the date on which such prices take effect.
This price notification must be attached to a document attesting that tariff principles and pricing criteria are complied with (paragraph 2 of the same article 5).
By the referred 30-day deadline, in case ICP-ANACOM deems that prices presented fail to comply with principles and criteria referred to in this determination, it shall notify CTT, based on a substantiated decision, that the company is required to revise such prices within 15 working days (paragraph 6 of article 5). In case ICP-ANACOM remains silent by the deadline set out for the purpose, CTT is entitled to practise notified prices (paragraph 9 of article 5).
The calculation of the time period in the course of which ICP-ANACOM must reply is suspended:
- Where the referred document attesting compliance with pricing principles and criteria is not attached to the price communication, or where ICP-ANACOM considers that the document presented by CTT does not contain sufficient information, in which case ICP-ANACOM must request missing information of CTT within 10 working days from the date of reception of the price notification or of the defective document (paragraph 7 of article 5);
- Where ICP-ANACOM requests clarifications or additional elements of CTT (paragraph 10 of article 5).
In these situations, the calculation of the time period is resumed on the day following the reception of the attesting document without shortcomings and on the day following the reception of CTT’s reply, respectively.
Alterations to prices, discounts and respective conditions must be disclosed by CTT to users prior to their entry into force (paragraph 7 of article 4). ICP-ANACOM is entitled to determine a minimum period of advance notice of any price alterations, as well as the terms for such disclosure (paragraph 8 of article 4).
In the present case, CTT’s price proposal was submitted to ICP-ANACOM on 18.12.2014.
As referred earlier, ICP-ANACOM submitted to CTT two requests for information, which resulted in the suspension of the referred 30-day period of time, which had started on the day the price proposal was presented. As such, this period was suspended between 22.12.2014 and 07.01.2015 (inclusively) and between 14.01.2015 and 19.01.2015 (inclusively). As such, the 30-day period of time during which ICP-ANACOM is required to assess CTT’s proposal ends on 19.02.2015.
CTT intends new prices to take effect after that date, in compliance with the advance notice of prices to ICP-ANACOM.
Taking into account the interests and protection of users, in the pursue and fulfilment of objectives and principles established in paragraphs 1 c) and 2 d) of article 2 of the Postal Law, ICP - ANACOM, carrying out the tasks entrusted to it under paragraph 8 of article 4 of the pricing criteria, considers that a minimum five-working-day advance notice of price alterations should apply.
Note that last year, by decisions of 21.03.2014 and 27.03.2014, this Authority also defined the time-limit of five-working days as the minimum period of advance notice of alterations to prices.
