By determination of 30.12.20141, the Autoridade Nacional de Comunicações (ANACOM) set, under the provisions of paragraph 1 of article 13 of the Postal Law2, the quality of service parameters and performance targets associated with provision of the universal postal service, which CTT - Correios de Portugal, S.A. (CTT), as universal postal service concessionaire, must meet in the 2015-2017 three-year period3. In addition, by determination of 13.03.20154, the performance targets associated with transit time for registered mail - indicator applicable as from and including 2016 - were also defined5.
Based on this framework, CTT reports to ANACOM, on a quarterly basis, information on the values of Quality of Service Indicators (QSI) observed in each quarter, to enable their monitoring throughout the year.
According to paragraph 3 of article 13 of the Postal Law and paragraph 3 of article 3 of the «Quality of service parameters and performance targets associated with provision of the universal postal service», CTT must measure the quality of service levels through the use of an external entity that is independent from CTT.
ANACOM, by decision of 17.12.2015, ordered CTT to correct, until 30.09.2016 (deadline which was necessary at the time because CTT had not yet initiated the procedure to select an external entity), the repeated non-compliance with the obligation to carry out an independent measure of the quality of service levels through the use of an independent external entity, on pain of a periodic penalty payment (after having initiated administrative offence proceedings against non-compliance in 2013, 2014 and 2015, which culminated in the voluntary payment of the applicable fines by CTT) being applied.
In this context, on 30.09.2016, CTT informed ANACOM that, as of 01.10.2016, the measurement would be carried out by an independent external entity, PricewaterhouseCoopers /AG - Assessoria de Gestão, Lda. (PwC).
Therefore, in 2016, the measurement of the QSI values was, in the first nine months of the year, carried out by CTT, and in the last three months by PwC.
Given that during 2016 the two systems for measuring levels of quality of service were in effect, ANACOM, by determination of 02.03.20176, defined the formula for calculation of the annual value of IQS in 2016.
CTT, by letter dated 15.03.2017, supplemented by letter dated 31.03.2017, reported the values of IQS 1, 2, 3, 6, 7, 8, 9, 10 and 11 observed in 2016, calculated according to that which was determined by ANACOM.
By letter dated 03.05.2017, CTT reported the values of IQS 4 and 5, calculated according to that which was determined by ANACOM, having submitted for consideration to ANACOM an alternative methodology for the calculation of the values of these IQS 4 and 5 in 2016.
By determination of 15.09.2017, the Board of Directors of ANACOM approved the draft decision on the values of postal service quality indicators recorded by CTT in 2016, and decided to hear CTT on this matter, under articles 121 et seq. of the Code of Administrative Procedures, over a period of 10 working days.
CTT's comments were analysed in the "Report of the prior hearing on the draft decision on the values of the universal postal service quality indicators recorded by CTT in 2016", which is an integral part of this decision.
Upon non-compliance with the set performance targets, in the year following the non-compliance a compensation mechanism shall apply, only and exclusively for that year, corresponding to the deduction of up to 1 percentage point from the maximum variation of prices of the basket composed of the correspondence, editorial mail and parcel services that comprise the universal service, which will benefit all the users of those services7.
Non-compliance situations shall be verified by ANACOM, having heard CTT8.
1 Available at 'Universal postal service quality of service parameters and consultation on the definition of values for the indicator on registered mail transit timehttps://www.anacom.pt/render.jsp?contentId=1344028'.
2 Law No. 17/2012, of 26 April, with amendments introduced by Decree-Law No. 160/2013, of 19 November, and by Law No. 16/2014, of 4 April.
3 Cf. paragraph 1 of article 57 of the Postal Law.
4 Available at 'Definition of indicator values for registered mail transit timehttps://www.anacom.pt/render.jsp?contentId=1350247'.
5 The «Quality of service parameters and performance targets associated with provision of the universal postal service» are available at 'Annex - Quality of service parameters and performance targets for the universal postal servicehttps://www.anacom.pt/render.jsp?contentId=1345235'.
6 Available at 'Calculation of the annual value of the universal postal service quality indicators - 2016https://www.anacom.pt/render.jsp?contentId=1406720'.
7 It follows from paragraph 1 of article 7, in conjunction with the "Quality of service parameters and performance targets associated with provision of the universal postal service" set by Anacom by decision of 30.12.2014, and with paragraphs 1 and 2 of its Appendix 2. Paragraph 3.4 of that Appendix establishes that, in situations duly substantiated by CTT, associated to operational difficulties in implementing price reductions, that CTT may request ANACOM to apply, as an alternative, a financial compensation reverting to users, the specific compensation modalities of which are to be applied within the scope of services integrating the universal service. The financial value of this compensation must at least be equivalent to the reduction of revenues that would result from the application of the compensation referred to in paragraph 1 of that Appendix.
8 Paragraph 2 of article 7 of the «Quality of service parameters and performance targets associated with provision of the universal postal service».
