Draft Decision of the ANACOM determination on the Amendment of the Interconnection Regime for the Access to Switched Data Transmission Services
By determination of ANACOM of 9 January 2003, the maximum prices for the access to data transmission services (DTS) were established, to enter into force on 1 February 2003, taking into account the principle of cost orientation of prices. At the same time, ANACOM decided that this issue would be reassessed in the scope of the integration of the DTS access in the RIO regime.
The same determination referred that the sharing of circuits using signalling system no. 7 (SS#7) would not be advisable due to the need felt by PT Comunicações of a traffic accounting at different prices.
Therefore, whereas:
a) According to available information, the total switched traffic of DTS access, originated in the network of PT Comunicações, is intended for PT Prime; thus, a real competition to PT Prime, as regards this business, does not exist. This situation has not changed with the determination of ANACOM of 9 January 2003;
b) The electronic means of payment have given increasing signs of importance at national economy level, enhancing a favourable scenario to the development of the market of DTS access, and constituting at the same time an opportunity to stimulate competition in the fixed telephone service;
c) At present, traffic originated in the network of PT Comunicações and destined for data transmission services providers (DTSP) is owned by PT Comunicações, the respective price being determined by agreement between the parties involved. This situation represents an exception to the general model in force for other types of interconnection traffic, and consequently, DTSP are not able to settle retail prices, invoice and charge customers directly. ANACOM takes the view that this fact shall hinder DTPS entry in the market;
d) Pursuant to paragraph 3 of article 6 of Decree-Law no. 415/98, the traffic property is owned by the entity who operates the public telecommunications network or who provides the telecommunications service for public use where it is originated, unless otherwise provided under the law or agreement. As regards the case under consideration, the promotion of users interests and the effectiveness of allocation of used resources, which are the interconnection guiding principles provided for in point 1 of article 4 of Decree-Law no. 415/98, as well as the principles of equality, transparency and non-discrimination, associated with the development of a sound competition in the telecommunications sector, shall be pursued as appropriately as possible, in the event that it is the entity adding value to the service (in this case, the DTSP), to establish the retail price;
e) The fact that the traffic ownership was granted to the DTSP and that there is a stable relationship between the final user and the DTSP suggests that this provider should have the right and the obligation to invoice the final user directly;
f) Due to the alleged impossibility of entering into an agreement with PT Comunicações, Oni Telecom has requested of ANACOM further information on its availability to intervene in this matter, particularly as regards the amendment of the traffic ownership regime, as well as the possibility of using the same interconnection circuit for voice and data transmission;
g) The principle of transparency may benefit from the inclusion of this type of traffic in the RIO, the application of call origination prices presently provided for DTS in that access offer not being incompatible with the principle of cost orientation of prices;
h) Pursuant to Decree-Law no. 415/98, it is incumbent upon ANACOM not only to monitor the compliance with the principle of cost orientation of prices, but also the economic effectiveness of services provided in the market and to promote a competitive market;
i) ANACOM has earlier determined that this issue would be reassessed in the scope of the integration of the DTS access in the RIO regime, and it must be taken into account that the interconnection conditions for the DTS access are close to those practised in the scope of the RIO;
j) Upon adoption of the prices established within the RIO, there are no technical constraints that require dedicated circuits for the transport of traffic to the DTSP network;
In compliance with the provision of paragraph 1 of article 13 of Decree-Law no. 415/98, and without prejudice to paragraph 2 thereof, the Board of Directors of ANACOM has determined at the meeting held on 24 July 2003, to grant a prior hearing to interested entities, pursuant to articles 100 and 101 of the Code of Administrative Procedure, and to establish that within 15 days these entities are entitled to assess in writing the determination that intends to adopt the following content:
PT Comunicações, S.A., shall amend the RIO up to 15 September 2003, introducing the following conditions, applicable to the access of clients of PTC, to the switched data transmission services:
1. DTS access traffic shall transit to an interconnection model based in origination payments, the DTSP being responsible for the establishment of the price charged to the final user, paying the direct access operator the origination price;
2. The origination maximum prices applicable to the DTS access traffic shall correspond to the maximum prices established in the RIO for the call origination;
3. The DTSP has the right and the obligation to invoice the final client, PT Comunicações not being required to invoice the traffic to the numbering range allocated to the DTSPs;
4. Where the interconnection between operators is based on circuits using signalling system no. 7 (SS#7), the possibility of using the same interconnection circuit for voice and data transmission shall be provided for;
5. The present inclusion of the DTS access traffic in the call origination model within the scope of the RIO, does not prevent parties from agreeing on adopting a different regime, as provided for in the regime established in paragraph 3 of article 6 of Decree-Law no. 415/98.
