3.6.4.3 Interconnection in mobile communications
With notices of 05.11.2001, the TKK took important decisions on the interconnection charges from the fixed network to the mobile network. The goal of the requests for interconnection filed by the fixed network operators18, pursuant to § 41 TKG, was primarily a clear lowering of the charges payable to the mobile operators Mobilkom and T-Mobile for the interconnection services termination and origination. The mobile operators, on the other hand, basically tried to leave the amount of the interconnection charges that they were being paid at the same level.
Since Mobilkom and T-Mobile both did not have SMP in terms of § 33 TKG, the obligation pursuant to § 41 (3) TKG in connection with § 8 ZVO to impose a cost-oriented interconnection charge did not apply. When determining the interconnection charge of companies without SMP, the TKK used § 1152 ABGB as a basis. Accordingly, in the absence of an agreement between the parties, a reasonable charge was deemed to be agreed.
For the determination of a reasonable interconnection charge the regulatory
authority examined mainly the following aspects:
- international practice19,
- national benchmarking,
- "retail minus"20,
- the determination of the interconnection charges, depending on the size of the company and the market position achieved21.
The interconnection charges for Mobilkom (related to UTA and MCI WorldCom) and T-Mobile (related to UTA) will apply until the end of 2002. A list of these charges is contained in Fig. 87 (section 4.2.5.3), where, in the case of Mobilkom, the gradual lowering was considered.
The, partly considerable, reduction in the interconnection charges for termination services in mobile networks caused the tariffs for calls to mobile networks to fall in the course of 2001. In view of the increasing number of subscribers in the mobile networks, this tariff development can be regarded an additional important step within the meaning of the objectives of the TKG (§ 1 TKG).
