The European Commission's eCommunications Consultation Task Force has today published a letter (dated 29 April 2004) relating to a notification made by the Austrian Telekom-Control Kommission (TKK) in the context of the dispute resolution procedure between Tele2 (operating as a Mobile Virtual Network Operator in Austria) and Telekom Austria (the fixed incumbent operator).
Document SG-greffe (2004) D/201834 concerns Market 16 (voice call termination on individual mobile networks), but is a comment on the proposed interconnection arbitration (which was also subject to public consultation in Austria - see T-REGS' earlier news item on this procedure) about the call termination charges to which the MVNO is entitled (and other aspects) rather than about a market review.
The TKK proposed to allow/require Tele2 to apply mobile call termination charges that are identical to those of its host operator.
The eCCTF letter specifies that it "considers that the scope of the notified draft measure is to be read in the context of a dispute with regard to adequate access and interconnection resolved by the relevant NRA pursuant to Article 5 of the Access and Interconnection Directive" and "emphasises that any preliminary findings which form part of the dispute resolution should not prejudge the outcome of the market analysis and SMP assessment in the market for call termination on individual mobile networks that the NRA is required to carry out in accordance with Article 15 and 16 of the Framework Directive and notify to the Commission and other NRAs."
On the substance of the case, i.e. the applicable mobile call termination charges for an MVNO, the eCCTF letter remains silent.