2. Regulatory framework

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

a) It is incumbent on the concessionaire to communicate to ANACOM [paragraph 1]:

• Density objectives of postal establishments and other points of access to the postal network allocated to the concession.
• Objectives of minimum services provided, including rules on minimum operating periods of postal establishments.

b) Objectives and rules are set for three-year periods, and may be reviewed prior to the expiry of each period, where required by the exceptional circumstances of the case [paragraph 2].

c) The concessionaire is required to take account, specifically, of the following factors [paragraph 3]:

• Distribution of the population within the national territory.
• Distance between points of access.
• Urban or rural nature of covered areas.
• Evolution of traffic and demand.

d) The establishment of objectives of postal network density and minimum services provided must take into due account principles laid down in Law No. 17/2012, of 26 April¹, a) (Postal Law), namely those set out in points a) and b) of paragraph 2 of article 2 thereof, so as to ensure the existence, availability, accessibility and quality of the provision of the universal service, as well as its economic and financial sustainability and viability [paragraph 8].

e) In case ANACOM considers that objectives and rules presented by the concessionaire fail to meet user needs, the Authority, stating its reasons, requests the concessionaire, within 60 working days, to revise the referred objectives and rules within a 30-working day time limit [paragraph 5].

f) Further to the revision referred to in the preceding paragraph, in case ANACOM considers that objectives and rules presented by the concessionaire still fail to meet user needs, the Authority issues a determination, having heard users and the concessionaire, within 60 working days, setting out the referred objectives and rules, based on factors indicated in paragraph 3 of base XV [paragraph 6].

g) Where ANACOM deems that objectives and rules presented by the concessionaire meet user needs, the Authority issues a decision approving the referred objectives, having heard users, within 50 working days [paragraph 7].