Interconnection conditions applicable to fixed-mobile traffic
By determination of 23rd of December 1999, the conditions for interconnection applicable to fixed-mobile traffic were defined, based on the following principles:
1. Any agreement that contradicts the general principle of ownership of fixed-mobile traffic, according to which this traffic belongs to the operator of the network in which it originates, should observe the applicable legal and regulatory conditions and be analysed by the ICP taking into account namely the obligations to which operators with SMP in the mobile telecommunications networks or services, fixed telecommunications networks or services, leased and interconnection circuits markets are subject.
2. With the application of the general principle or where an agreement has been made, fixed-mobile traffic is eligible for call-by-call selection, in the context of indirect access.
3. With a view to offering to all operators a reasonable period for dynamic adjustment, which is compatible with the desired market stability, the system of prices and rules for interconnection between operators should comply with the principles stated above from 1st of October 2000 onwards.
Meanwhile, by determination of 19th of January 2000, a decision relating to the conditions for eligibility of fixed-mobile calls for indirect access was established, which was included in the determination of 23rd of December 1999.
Thus, and without prejudice to other additional considerations that the market evolution and full compliance with the legal and regulatory requirements may call for, it is understood that the settlement of agreements between operators before 01/10/2000, within the context of which the eligibility of fixed-mobile traffic for indirect access is verified, would necessarily imply the existence of agreements involving the three mobile operators.
Such would be a necessary condition, albeit not sufficient, given that other aspects relating to the conditions of the interconnection market and to the obligations of the involved operators would have to be taken into account.
