|Date:||24. 11. 2008|
|Parties:||Hutchison 3G Austria GmbH / mobilkom Austria AG|
In a decision issued on November 24, 2008, the Telekom-Control Commission issued a partial interconnection order for mobilkom Austria AG in response to a request submitted by Hutchison 3G Austria GmbH pursuant to Art. 50 Austrian Telecommunications Act (TKG) 2003 with regard to the fees for SMS termination in each operator's respective mobile network. In light of the fact that the service of text message (SMS) termination is not assigned to a market in accordance with Art. 36 TKG 2003 and no company possesses significant market power pursuant to Articles 35 and 37 TKG 2003, the fees concerned in the dispute were to be set at an "appropriate" level. Among other factors, the criteria for setting such appropriate fees were the actual underlying costs as well as the fees customary on the market.
Reciprocal text message (SMS) termination fees:
May 1, 2007 – November 30, 2008: 4.2 euro cents
From December 1, 2008 onward: 3.88 euro cents
The official decision can be downloaded here: