On October 15, 2007, the Telekom-Control Commission (TKK) issued four decisions regarding analyses of the mobile termination markets of Mobilkom Austria AG (Mobilkom), T-Mobile Austria GmbH (T-Mobile), One GmbH (One) as well as Hutchison 3G Austria GmbH (Hutchison). In these decisions each of the stated mobile network operators were identified as having significant market power within the meaning of Art. 35 TKG 2003. To encounter the competition problems on the individual mobile termination markets that exist in the event of non-regulation, the TKK has imposed specific obligations on the mobile network operators regarding non-discrimination (in different forms), interconnection, publication of a reference offer for mobile termination as well as an obligation regarding cost orientation. To implement the obligation of cost orientation specific charges were set for mobile termination services (charges in cents):
|As of 29.10.2004||10,86||13,18||15,99||13,80||19,62|
|As of 01.01.2005||10,86||13,18||15,99*||13,80||19,92|
|As of 01.11.2005||10,34||12,66||13,80||13,28||19,62|
|As of 01.01.2006||9,34||11,66||12,80**||12,28||17,79|
|As of 01.07.2006||8,34||10,66||11,28||15,95|
|As of 01.01.2007||7,13||9,45||10,07||13,90|
|As of 01.07.2007||5,91||8,23||8,85||11,86|
|As of 01.01.2008||5,72||7,02||7,64||9,81|
|As of 01.07.2008||5,72||5,80||6,42||7,76|
|As of 01.01.2009||5,72||5,72||5,72||5,72|
* As of April 1, 2005, a mobile termination charge of 13.8 cents was already ordered for tele.ring
** As of May 1, 2006, the charges set for T-Mobile have also applied to tele.ring
The levels were ordered according to a “price cap approach” which provides that the charges of all mobile network operators shall reach the uniform level of 5.72 cents by January 1, 2009.
The price cap approach which starts out from the higher, operator-specific termination charges shall prevent disruptive interventions and compensate for latecomer disadvantages. The decision on a price cap approach to gradually lower these charges to a symmetrical level corresponds to a European trend.