On 20 April 2009, the Telekom-Control-Commission adopted eight decisions pursuant to §§ 48, 50 TKG [Telecommunications Act] 2003. Applications for issue of interconnection conditions between mobilkom Austria AG, T-Mobile Austria GmbH, Orange Austria Telecommunication GmbH, Hutchison 3G Austria GmbH, Tele2 Telecommunication GmbH, Multikom Telekom Austria GmbH und UPC Telekabel Wien GmbH were, among other things, aimed at fixing the amount of the mobile termination fees for a number of periods, starting in 2005.
These decisions were necessary after the initial decisions had been repealed by the Administrative Court – essentially as TKK cannot issue any market analysis decisions for past periods; on the other hand TKK is basically authorized to adopt a conciliation of litigation decision also for past periods (between 2 network operators who alone by themselves were unable to arrive at a decision pursuant to civil law) and issue instructions to settle conditions in dispute, as in the subject case on the amount of the mobile termination fees. Since the period in dispute is largely situated in the past, TKK essentially decided on such fees already determined in the previous decision. Since, however, the costs of mobile telecommunication operators for the services of mobile termination significantly decreased, TKK reduced the fees chargeable as of 1 July 2008 at a higher rate, so that all mobile telephone operators will receive, as of 1 July 2008, only 5.52 cents and as of 1 September 2009 4.5 cents for service of a voice call in a mobile communication network.
The decisions are available for download below.