5. Determination


Whereas:

a) CTT undertake to provide the services comprising the universal service according to the parameters of quality of service and the performance targets set by ANACOM, by decisions of 30.12.2014 and 13.03.2015, under paragraph 1 of article 13 of the Postal Law;

b) the calculation of the annual values of 2016 of IQS is carried out according to the calculation formula defined by ANACOM, on 02.03.2017, and in its decision of 30.12.2014 with reference to IQS 7 and 8. The alternative calculation formula presented by CTT for IQS 4 and IQS 5 is not adopted;

c) based on the available information on values achieved by CTT, in 2016 the value of IQS 4 did not comply with the minimum value defined for the year;

d) the non-compliance mentioned in the previous paragraph requires the application of a compensation mechanism for users;

e) CTT must publish and make available information on the values of IQS actually achieved in the previous calendar year, namely on the website and in postal establishments,

the Board of Directors of ANACOM:

  • in the exercise of the responsibilities and powers conferred on ANACOM, respectively, by paragraphs 1 h) and i) of article 8 and paragraph 1 (g), (h) and (p) of article 9, all from its statutes, approved by Decree-Law No. 39/2015, of 16 March;
  • in the exercise of the powers conferred on it by paragraph 1 b) of article 26 of the Statutes of ANACOM; and
  • in view of the provisions in paragraph 1 of article 13 and in article 47, both of the Postal Law (Law No. 17/2012, of 26 of April, as currently worded), in paragraphs 1 and 2 of base XII of the Bases for the universal postal service concession (approved by Decree-Law No. 448/99, of 4 November, as currently worded) and in articles 1, 6 and 7 of the «quality of service parameters and performance targets associated with provision of the universal postal service», approved by decision of ANACOM of 30.12.2014, partially amended by decision of ANACOM of 13.03.2015,

determines:

1) the application of the compensation mechanism provided in article 7 of the «Quality of service parameters and performance targets associated with provision of the universal postal service», set in the decision of ANACOM of 30.12.2014, for not having met the minimum value set for IQS 4 in 2016;

2) in compliance with the previous paragraph, that CTT must apply the deduction of 0.03 percentage points to the weighted average variation of the prices of the basket of correspondence, parcel and editorial mail services, permitted for 2017. The deduction must benefit all the users of those services;

3) that CTT must initiate the application of the deduction determined in the previous paragraph within a maximum of 15 working days as of the date of notification of the final decision. The latter must be fully applied until 31.12.2017.

4) that CTT must notify ANACOM regarding the price deduction to be implemented in compliance with the two previous paragraphs, prior to the start date of its application, accompanied by information that demonstrates compliance with this determination, namely of the maximum price variation permitted for 2017, as determined in paragraph 2 above;

5) that CTT must correct the information disclosed on the values of IQS observed in 2016, at its specific website address, within 10 working days as of the date of notification of the final decision, and in the postal establishments within 20 working days as of the same date.