PTT Post must provide access to its network: Ruling on postal deliveries

MailMerge Nederland must be given access to the same letter boxes in the various post offices subject to the same terms and conditions as PTT Post. These terms and conditions must also be reasonable. OPTA has decided this in a dispute between MailMerge Nederland and PTT Post concerning the conditions governing access to post office boxes.

Access to post office boxes entails that, apart from PTT Post, other postal service providers may place postal items in these boxes. It is important to promote competition in the business segment of the postal market. Under the terms of the Postal Act, PTT Post is required to grant such access subject to terms and conditions, and for tariffs which are fair, objectively justified and non-discriminatory. In the event that the relevant parties fail to reach agreement, OPTA has the power to stipulate the terms and conditions governing access to post office boxes.

MailMerge Nederland had asked OPTA to rule on seven conditions stipulated by PTT Post. OPTA decided as follows in this respect:

MailMerge Nederland may present any postal items for delivery to post office boxes in so far as this is not unreasonable in terms of their shape, dimensions, weight and the like;
PTT Post may not impose any restrictions with regard to the number of postal items which MailMerge Nederland may present;
MailMerge Nederland must be assigned the same times for the presentation of postal items as PTT Post;
PTT Post is required to supply MailMerge Nederland with all the details it requires in order to be able to deliver postal items to all of the post office box sites in the Netherlands;
PTT Post is required to send all undeliverable postal items to the general post office box number of MailMerge Nederland;
PTT Post has a performance obligation to ensure the timely and appropriate delivery of all of the postal items submitted by MailMerge Nederland to the relevant post office boxes undamaged;
MailMerge Nederland must ensure that its postal items are recognisable as such. If using prepaid envelopes obtained from PTT Post, it must be clear that they originate with MailMerge Nederland.

OPTA has decided that MailMerge Nederland must be given access to the post office boxes subject to the above-mentioned terms and conditions within two weeks.