Polish Telecom Regulator’s Decisions Regarding Mobile Termination Rates and the Standpoint of the EC

Wach, Marlena (2011): Polish Telecom Regulator’s Decisions Regarding Mobile Termination Rates and the Standpoint of the EC. Published in: Yearbook of Antitrust and Regulatory Studies , Vol. Vol. 2, (2011): pp. 111-132.

Abstract

The article presents key issues relating to the methods of mobile termination rates calculation by the Polish National Regulatory Agency (NRA): the UKE President. It analyses the provisions of Polish telecommunications law of 20041 with respect to the rights and obligations of the UKE President. It invokes specific cases showing how problematic rates calculation is for mobile operators. The Polkomtel, PTK Centertel, PTC sp. z o.o. cases clearly show how unclear the calculation process may be in practice and illustrate how broad the discretionary powers of the UKE President are in this respect on the grounds of Polish telecommunications law. Highlighted is also the dispute between the Polish NRA and the European Commission. Even though the UKE President acts on the grounds of Polish law, its actions have to be compliant with the European telecoms package and take into utmost account the recommendations and comments issued by the European Commission.

• Item Type: MPRA Paper
• Language: English
• Keywords: telecommunication; mobile operators; mobile termination rates (MTR); consultation process; notification process; recommendations; European Commission; UKE
• Subjects: K - Law and Economics > K2 - Regulation and Business Law > K21 - Antitrust Law

References

Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities, OJ [2002] L 108/7 (Access Directive).

Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services, OJ [2002] L 108/33 (the Framework Directive).

Commission Recommendation 2007/879/EC of 17 December 2007 on relevant product and services markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services, OJ [2007] L 344/65.

Commission Recommendation 2008/850/EC of 15 October 2008 on notifications, time limits and consultations provided for in article 7 of Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services, OJ [2008] L 301/23.

Commission Recommendation 2009/396/EC of 7 May 2009 on the Regulatory Treatment of Fixed and Mobile Termination Rates in the EU, OJ [2009] L 124/67 (Termination Rates Recommendation).