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Decision N ° 2011 - 1115 4 October 2011 Authorizing The Company Tertiary Services Business Of The Pyrenees - Step: C To Exercise The Provision Of Postal Services Relating To Items Of Correspondence

Original Language Title: Décision n° 2011-1115 du 4 octobre 2011 autorisant la société Services tertiaires aux entreprises des Pyrénées - STEP : C à exercer la prestation de services postaux relatifs aux envois de correspondance

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JORF n ° 0246 of October 22, 2011
text # 129



Decision No. 2011-1115 of 4 October 2011 authorising the Services Tertiary Services aux entreprises des Pyrénées-STEP: C to perform postal service provision for mailings

NOR: ARTR1128148S ELI: Not available


The Electronic Communications and Postal Regulatory Authority,
Due to the postal code and electronic communications, and in particular articles L. 3, L. 5-1, R. 1-2-1 to R. 1-2-8;
Having regard to the order of 3 May 2006, taken pursuant to Article R. 1-2-6 of the Postal Code and electronic communications relating to the obligations of postal service providers holding an authorisation;
Due to the request for authorization of postal services presented on 21 June 2011 by the company Tertiary services to the companies of the Pyrenees-STEP: C sise, 2, avenue Pierre-Angot, Helioparc, 64000 PAU; RCS de PAU 434 805 644;
Seen the letters Received on 25 July 2011 and then on 19 August 2011 from Services Tertiary to the companies of the Pyrenees-STEP: C, in response to the request for further information from the Electronic Communications and Postal Regulatory Authority;
After having deliberated on 4 October 2011;
Tertiary services to companies in the Pyrenees - STEP: C addressed to the Electronic Communications and Postal Regulatory Authority, on June 21, 2011, an application to be authorized to carry out the activity of postal services relating to domestic correspondence including the Distribution.
Tertiary Services to the Pyrenees-STEP: C is an anonymous company with a capital of eighty four thousand two hundred euros (84 200 €).
Application sent on 21 June 2011 by the company Tertiary services to the companies of the Pyrenees-STEP: C concerns the offer of services relating to the Collection, sorting, routing and distribution of correspondence.
The request for authorisation to the Regulatory Authority for Electronic Communications and posts complies with the forms provided for in Article R. 1-2-2 of the Code Electronic communications and positions. It shall contain all the information referred to in Article R. 1-2-3 of the postal code and electronic communications.
This information makes it possible to establish that none of the grounds for refusal referred to in Article L. 5-1 paragraph 2 of the same Code is Opposable to the Company Tertiary services to companies of the Pyrenees-STEP: C.
Decides:

Item 1


Company Services Tertiary enterprises of the Pyrenees-STEP: C is authorised to offer postal services in connection with correspondence including distribution under the conditions laid down in the Annex and in accordance with legal and regulatory provisions.

Article 2


The authorization is issued for a period of fifteen years from the date of signature of this Decision. This authorization is renewable.

Item 3


This authorization is related to the person of the holder and cannot be assigned to a Third parties.

Article 4


Changes that may significantly affect the activity of the holder of this authorisation are communicated To the Communications Regulatory Authority Electronic and postal services to verify their compatibility with the conditions of the authorization.

Item 5


The Director of Operations Postal service notifies this authorisation and its annex to the company Tertiary services to companies of the Pyrenees-STEP: C This decision will be mentioned in the Official Journal of the French Republic.

  • Appendix



    A N N E X E
    TITLE Ier


    PROVISIONS SPECIFY THE CHARACTERISTICS OF THE AUTHORIZED ACTIVITY AND THE CONDITIONS GOVERNING THE EXERCISE OF CONTROL BY THE ELECTRONIC COMMUNICATIONS COMMISSION AND THE POSITION OF THE POSTS
    These provisions are Article L. 5-1 of the postal code and electronic communications.


    Chapter I
    Authorized Activity Details


    Offering details:
    Collecting, sorting, routing, and distributing correspondence.
    Territory served:
    Pau's Agglomerations, Billières, Lons, Lescars.
    Claims processing procedure:
    In accordance with Article 4 of the decree of 3 May 2006 adopted pursuant to Article R. 1-2-6 of the Code of Postal and Electronic Communications, the provider shall make available to the users and the Regulatory Authority Electronic communications and postal handling procedures
    The method of filing a claim is:
    -telephone: 05-59-14-59-51;
    -mail: 2, avenue Pierre-Angot, technopole Hélioparc, 64053 PAU Cedex 9 ;
    -topic " Claim " From the website: www.stepost.fr
    Remittances distributed by Tertiary services to companies in the Pyrenees-STEP: C carry a marking with the trade name " STEPOST ".


    Chapter II
    Conditions for the exercise of control of the postal activity authorized
    by the Electronic Communications and Postal Control Authority


    The Regulatory Authority for Electronic communications and posts may exercise control over compliance with the conditions of the authorisation.
    The activity subject to authorisation shall be identified on the operational level and the holder of this authorisation shall give access to The Electronic Communications Regulatory Authority and its posts Forecasts of activity, at its facilities, to operational and operational data for monitoring compliance with its obligations, in particular for distribution.
    This control is carried out under the conditions defined by the code Electronic posts and communications, and in particular Articles L. 5-3 and L. 5-9.
    In the event of failure to comply with any of the obligations mentioned in this Annex or in the legal and regulatory provisions applicable to the Provider, the Electronic Communications and Postal Regulatory Authority Takes the measure proportionate to the default.


    TITLE II
    REGULATORY REPAIR


    The holder of this authorization meets the following conditions, in accordance with the postal code and electronic communications, And in particular Articles R. 1-2-1 to R. 1-2-8, and to the Order of 3 May 2006 pursuant to Article R. 1-2-6 of the Postal Code and electronic communications relating to the obligations of postal service providers holding a Authorization.


    Chapter III
    Security requirements for Users,
    staff, and service provider installations


    The provider enacts and makes available to the Electronic Communications and Postal Regulatory Authority:
    -the rules for identifying Its employees for its correspondence distribution activities. They carry a professional card containing a photograph and mentioning the name, first name and quality of the holder, name, address and possible abbreviation of the provider who is the holder of the authorisation. They also carry a distinctive sign identifying this provider;
    -the rules for organizing its activities and the conditions for their control. These rules are the subject of written procedures or, at the very least, descriptive schemes. They also allow for the tracking of tours and the identification of the employees who made them.
    The claimant provides sufficient guarantees on his ability to process correspondence in the event of an adjustment Judicial or judicial liquidation, by providing for a mechanism to deal with such eventuality. This device will allow either the routing and distribution of mail items, or their return to the sender. The holder shall make available to the Electronic Communications and Postal Regulatory Authority a description of this device.
    The provider shall implement the means necessary to ensure the closure and protection of his The
    shall make available to users and to the Electronic Communications Regulatory Authority and to posts, at the request of the latter, a presentation of the Commercial supply including general conditions of sale and terms and conditions The
    shall ensure that his employees comply with the provisions of Article L. 5-10 of the Postal Code and electronic communications for the distribution activities of mail-outs The purpose of the authorisation provided for in Article L. 3 of the same code.


    Chapter IV
    Terms and conditions for the confidentiality of
    mailings and the integrity of their content


    The provider takes the necessary steps to Ensure the confidentiality of matches.
    The provider is required to To the knowledge of its personnel, in particular employees assigned to the processing of consignments, the obligations and penalties they incur under the provisions of criminal code, and in particular under sections 226-13, 226-15 and 432-9 relating to the secrecy of matches.
    The provider takes the necessary steps to Ensure the integrity of the content of shipments during processing. In addition, it ensures, inside or outside its premises, effective protection against the risks of deterioration or theft of shipments.
    The provider defines the rules concerning the organisation of the processing of consignments Of correspondence. These rules must:
    -be written;
    -ensure the reliability and quality of the postal activity implemented. They shall contain, in a manner proportionate to the nature of the authorised activity, a device for measuring, detecting and correcting the deficiencies noted;
    -providing for the processing of misdistributed or undistributed consignments;
    - Identify the claimant dealing with correspondence by way of marking of the objects treated or any other equivalent process. The commonly used trade mark (s) shall be transmitted to the Electronic Communications and Postal Control Authority at its request. These marks are sufficiently explicit to allow identification of the supplier who has affixed the mark.
    In cases where several providers are involved, the marking of the plies (or any equivalent process) makes it possible to identify the Less one of the providers involved and replenish the entire routing chain.


    Chapter V
    Conditions for user access to
    processing procedures for simple, transparent, and free claims


    Provider agrees to allow users to Its postal services a simple, transparent and free access to the claims processing procedures.
    The provider shall make available to the users and to the Electronic Communications and Regulatory Authority Procedures for handling claims.
    They are written and can be communicated on request. They provide the contact details of the service responsible for handling the claims and include a reference to the response times.
    The claimant is responsible for the implementation of these procedures. The claimant shall periodically draw up balance sheets on the processing of claims, as requested by the Electronic Communications and Postal Regulatory Authority.


    Chapter VI
    Conditions for data protection at Personal character
    and the protection of the privacy of users of postal services


    The provider is required to bring to the attention of his staff the obligations and penalties it incurs under the provisions of criminal code relating to the protection of personal data and privacy.
    The claimant is taking steps to ensure that The protection, integrity and confidentiality of the personal data it holds and processes.


    Chapter VII
    Environmental Protection Conditions


    The claimant ensures that his benefits are Provided under technical conditions that meet the objective of Preservation of the environment.


    Chapter VIII
    Terms and Conditions of Subcontractors and Agents


    Where the claimant relies on subcontractors or agents, he shall ensure that contractual relations with In accordance with the obligations of the decree of 3 May 2006 adopted pursuant to Article R. 1-2-6 of the postal code and electronic communications relating to the obligations of postal service providers holding an authorisation.


    Chapter IX
    Information provision conditions
    statistics to the Electronic Communications and Postal Control Authority


    The provider provides the Electronic Communications and Postal Control Authority each year with statistical information Concerning traffic, turnover, products, proposed offers, coverage area and terms of access to its services under the conditions laid down in Article R. 1-2-7 of the postal code and electronic communications.


    Chapter X
    Conditions for Significant Changes
    that may require the request for a new authorization


    In accordance with item R. 1-2-8 of the Electronic Communications and Position Code, changes likely to significantly affect the items listed In Article R. 1-2-3 of the postal code and electronic communications after the grant of the authorisation must be brought to the attention of the Electronic Communications Regulatory Authority and the posts which may, By reasoned decision, indicate to the person concerned that it is appropriate to present A new authorization request.


    Chapter XI
    Conditions for renewing the authorization


    Three months before the authorization expires, the provider makes a new request for authorization to The Electronic Communications and Postal Regulatory Authority, in the forms provided for an initial application


Done at Paris, October 4, 2011.


The President,

J.-L. Silicani


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