3.6.4.2 Direct accounting of indirect traffic
The background of this case was that Telekom Austria
had announced to its interconnection partners already in spring 2001 that
it planned to give up the method of "cascaded accounting"
used in indirect interconnection.
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| This cascaded form of accounting was carried out such that Telekom Austria, for indirect traffic (via its network), paid the interconnection charges incurred (for termination and origination) and, subsequently, charged them to the source network (with termination) and the destination network (with origination). |
Telekom Austria intended to give up cascaded accounting in favour of direct accounting between the indirectly connected operators. Since this change was strongly opposed by the ANBs it was attempted, by moderation of RTR-GmbH, to find a solution by way of negotiation that was acceptable to both parties involved. These negotiations did bring a rapprochement of the positions but did not produce a final solution.
On 25.10.2001, Telekom Austria therefore requested a
ruling by the TKK on partial interconnection regarding "transit
and direct accounting of indirect traffic". The regulations were
to be added to the current interconnection ruling
(Z 30/99) or any subsequent ruling as Annex 26.
With the notice issued on 17.12.2001 (Z 17/01), in particular, regulations
were issued regarding the provision, by Telekom Austria, of the data necessary
for direct accounting and its costs and the establishment of an "overlay"
network by Telekom Austria, which allows termination networks (as protection
against unwanted traffic) to selectively block traffic from specific origination
networks.
In the event that a network operator sends traffic to a termination network, whose takeover has not been agreed on with this termination network, a "self-obligation" of the interconnection partner to pay the interconnection charges (plus a surcharge) to the termination network by means of an agreement for the benefit of third parties, as stipulated in § 881 General Civil Code (ABGB), was imposed. As "sector-specific" solution, the ruling of Annex 26 allowed the changeover to direct accounting of indirect traffic carried out by Telekom Austria as from 01.01.2002.
On 17.12.2001, the TKK, in case Z 19/01, took an analogous decision on the request of Tele2 of 21.11.2001 that had also been directed at a ruling on an Annex 26 regarding "transit and direct accounting of indirect traffic".
