Communications Regulation (Postal Services) Act 2011

33.

Access to postal network of universal postal service provider.

33.— (1) A postal service provider has the right to enter into negotiations with a universal postal service provider with a view to concluding an agreement with that provider to access the postal network of the universal postal service provider and may serve notice on the Commission upon the commencement of any such negotiations.

(2) The Commission shall, if so requested by either party to the negotiations, specify the period within which the negotiations referred to in subsection (1) shall be completed.

(3) Where agreement is not reached within the period specified by the Commission under subsection (2), the Commission shall take such steps as are necessary to resolve the dispute in accordance with the procedures referred to in subsection (5).

(4) With regard to any intervention by the Commission under subsection (2) or (3), the Commission may decide—

( a) not to intervene in the negotiations concerned, having carried out a preliminary examination of the matter, or

( b) to discontinue the intervention in those negotiations,

where the Commission considers that—

(i) the request for intervention is trivial or vexatious, or

(ii) the person making the request has not taken reasonable steps to reach an agreement on access to a universal postal service provider’s postal network.

(5) The Commission shall make a decision in relation to a dispute referred to in subsection (3) in accordance with procedures established and maintained by it.

(6) The Commission shall publish the procedures referred to in subsection (5) and, on a request being made for that purpose, make the procedures available to a postal service provider free of charge.

(7) In making a decision in relation to a dispute, the Commission may impose or amend the conditions relating to access to a universal postal service provider’s postal network and such conditions may include—

( a) the price of access,

( b) terms and conditions relating to matters other than price, and

( c) rules for the separation of accounts relating to access to the postal network,

and the Commission shall notify, in writing, the postal service provider and universal postal service provider concerned, as appropriate, of the reasons for such conditions.

(8) The Commission, in reaching a decision pursuant to the procedures referred to in subsection (5) , shall take into account—

( a) the reasonableness of the terms and conditions relating to access to the postal network concerned,

( b) the interests of postal service users,

( c) the need to ensure and maintain the efficient provision of a universal postal service,

( d) the availability of alternatives to the access sought,

( e) the development of competition in the market for postal services,

( f) the feasibility of granting the access sought,

( g) the capital investment in the postal network made by the universal postal service provider concerned, and

( h) any requirements imposed by any enactment.

(9) Where the Commission makes a decision with respect to the price of access to the postal network concerned it shall take into account any costs avoided by a universal postal service provider by granting such access and postal network costs of the universal postal service provider involved in granting such access.

(10) If, in making a decision under this section, the Commission imposes conditions for access to the universal postal service provider’s postal network, and it appears to the Commission that a postal service provider or a universal postal service provider to whom the decision relates is failing, or has failed, to comply with any of those conditions, the Commission may give a direction to the postal service provider or universal postal service provider concerned, or both as the case may be, to ensure compliance with the condition concerned.