2. Regulatory framework


Base XV of the Bases of Concession lays down as follows:

  • The concessionaire (CTT) must communicate to ICP-ANACOM [paragraph 1 of base XV]:

a) Density objectives for postal establishments and other points of access to the postal network allocated to the concession;

b) Objectives as regards the minimum services provided, including rules on minimum operating periods of postal establishments;

  • Objectives and rules are set for three-year periods, and may be revised prior to the expiry of each period, where required by the exceptional circumstances of the case [paragraph 2 of base XV];
  • The concessionaire must take specifically account of the following factors [paragraph 3 of base XV]:

a) Distribution of the population on national territory;

b) Distance between access points;

c) Urban or rural nature of areas covered;

d) Evolution of traffic and demand;

  • The establishment of objectives concerning the density of the postal network and minimum services provided must take into due account the principles laid down in Law No. 17/2012, of 26 April (Postal Law), namely those set out in paragraph 2 a) and b) of article 2 thereof, so as to ensure the existence, availability, accessibility and quality of the universal service provision, as well as the economic and financial sustainability and viability of the universal service provision [paragraph 8 of base XV];
  • In case ICP-ANACOM considers that objectives and rules presented by the concessionaire fail to meet the needs of users, the Authority must notify the concessionaire, stating its reasons, within 60 working days, setting out the referred objectives and rules, based on factors indicated in paragraph 3 [paragraph 6 of base XV];
  • Where ICP-ANACOM deems, further to the communication from the concessionaire referred to in paragraph 1 or to the revised proposal mentioned in the preceding paragraph, that objectives and rules presented by the concessionaire meet the needs of users, it must issue a decision approving the referred objectives, having heard users, within 50 working days [paragraph 7 of base XV].

Until objectives concerning the density of the postal network and minimum services provided for in base XV of the Bases of Concession have been defined, the concessionaire undertakes to maintain, at the very least, the density levels of the postal network and service provision practised by 31 December 2013 [paragraph 3 of article 5 of Decree-Law No. 160/2013, of 19 November].