1. The compensation to be applied for failure to comply with performance targets corresponds to the application of a deduction to the maximum price variation for correspondence, editorial mail and parcel delivery services that integrate the universal service, allowed for the year following that in which the non-compliance occurs, up to a 1% value, and shall benefit all users of such services.
2. The maximum price variation for services that integrate the universal service, referred to in paragraph 1, corresponds to the variation defined in ICP-ANACOM’s decision mentioned in paragraph 3 of article 14 of the Postal Law.
3. The deduction shall be calculated as follows:
3.1. Deduction concerning the Overall Quality of Service Indicator (OI)
Where OI is equal to or higher than 100, no deduction shall be applied.
Where OI is lower than 90, the maximum deduction shall be applied.
Where the OI value lies between 90 and 100, a proportional deduction shall be applied.
3.2. Deduction concerning failure to comply with Minimum values of each QSI
Where any QSI lies below Minimum acceptable values, the deduction corresponds to the product between the QSI’s relative importance (RI) and the maximum deduction.
Where OI is lower than 90, the deduction associated to the various QSI shall not apply.
3.3. Total applicable deduction
The total deduction to be applied is determined as follows:
a) Where OI is equal to or higher than 100, the deduction corresponds to the deduction concerning failure to comply with Minimum values of the various QSI;
b) Where OI is lower than 90, the deduction corresponds to the result of the sum of the deduction concerning OI and deductions concerning failure to comply with Minimum values of the various QSI, up to a maximum of 1%.
3.4. In exceptional situations duly substantiated by CTT, associated to operational difficulties in implementing price reductions, this company may request ICP-ANACOM to apply, in alternative to the compensation referred to in point 1, a financial compensation reverting to users, the specific compensation modalities of which, to be applied in the scope of services integrating the universal service, require previous approval on the part of ICP-ANACOM, bearing in mind the principles of universality, and the financial value of which is at least equivalent to the reduction of revenues that would result from the application of the compensation referred to in point 1.
3.5. The request referred to in point 3.4 must be submitted by CTT, in writing and in a substantiated manner, within at the most 15 days from ICP-ANACOM’s decision, or equivalent measure, concerning the application of the mechanism compensation due for failure to comply with levels of quality of service. CTT’s request must attach, in addition to the proposal for specific modalities of financial compensation, a proposal for application of the compensation under point 1.
3.6. The decision on whether or not the request mentioned in points 3.4 and 3.5 should be granted is incumbent on ICP-ANACOM, and must be notified to CTT, duly substantiated, within at the most 30 working days from reception thereof.
