Recital:
The interface equipment between PPCAs (Automatic Switching Private Stations) and GSM mobile networks (also referred to as GSM Gateways, SIM Boxes or also Phone-Cells) allow the users, connected to it, to communicate directly with users connected to these networks, and vice-versa, as if they were intra-network mobile-mobile calls (on-net calls).
In March 1999 this Authority concluded that there were no reasons whatsoever that could justify any restrictions to the marketing and use of this type of equipment.
Generally, they are GSM terminals, adapted to operate in a static way and replace connections through the fixed network. Operating in an automatic way or coupled to PPCAs or other equipment, they incorporate SIM cards, as well as several interfaces, for several types of terminal equipment and fixed network technologies, allowing connecting external aerials to improve the radio emission/reception.
Since mid 2002, ICP-ANACOM is aware of a new possibility of use for this type of equipment, increasingly more sophisticated and integrating a growing number of “facilities”. It is its commercial use to route telephone calls from third users, with diverse origin and destinations located in GSM mobile networks foreign to this business. At national level, most of these situations correspond to international traffic deviations with destination to Portuguese GSM mobile networks.
This situation becomes feasible due to the current technical evolution, which encourages the manufacturing of a considerable variety of this type of equipment. Some of them allow coupling of dozens of SIM cards (Subscriber Identity Module) and several functionalities: LCR (Least Cost Routing), conversion of e-mail into SMS, call-back, generation of files CDR (Call Detail Record), set up and remote maintenance, among others.
The use of interfaces for commercial purposes by telecommunications operators, namely carriers, legally qualified or not, has been a current and growing practice, which, in Portugal, was disclosed by OPTIMUS, TMN and VODAFONE mobile operators.
The motivation for this use is associated with the economic advantages that its promoters get, regarding traffic routing through convened interconnection points.
However, only intermediary carriers and the interface operators in question benefit from these advantages. The users, who are not aware of the intervention of these entities in the processing of the respective calls, do not participate in the respective economic benefits. On the contrary, they undergo a significant service quality degradation that they would get in a regular situation.
Usually, telephone traffic is delivered to GSM mobile networks in specific points of these networks (interconnection points) by carriers, with which the mobile operators have signed interconnection agreements, which define the technical and commercial conditions of this traffic delivery. After reception and processing of communications, calls are routed by mobile networks until its final destination.
In the cases referred to above, the telephone traffic destined to mobile network customers is deviated to fixed-mobile interfaces. For a certain call, this equipment performs the following operations:
- receives (picks up) the telephone call – which was not addressed to it -, originated in another network, national or foreign;
- verifies what is the destination number of this call;
- makes one second call to this destination number, using one of the SIM cards pertaining to the corresponding mobile network, coupled thereto;
- establishes an audio channel (physical connection) between the two calls (the first call, with national or international origin, and the second call, with origin and destination in the same mobile network), in an operation similar to the call conference service.
This use has serious technical implications, both to the mobile operators, to the users and to the authorities competent to make communications legal interceptions:
- reduces significantly the efficiency in using the radio resources, which are scarce, since an additional radio channel is used as compared with a conventional situation;
- leads to a traffic concentration in the cell where the SIM cards coupled to the interface equipment are, which can lead to traffic jams and consequent impossibility to make phone calls – with the associated and respective drop of calls -, as well as to the possible fall of the cell, the operators being prevented from providing the service to their customers in this area. These risks could only be avoided through a significant increase in the network capacity in those zones, which collides with the planning restrictions which prevent the timely construction of new infrastructures. Thus, there is for sure a service degradation, which is directly reflected in the users;
- leads to a significant increase of the time needed to make the call, which responsibility the user (who is not aware of the interface) allocates to the destination mobile operator; (which requires a double voice codification, first in the original call and then in the second call established by the fixed-mobile interface, which leads also to the audio quality degradation;
- introduces an additional radio connection in the call, which is translated into a lower audio quality than the one expected by the consumer;
- requires a double voice codification, first in the original call and then in the second call established by the fixed-mobile interface, which also leads to the audio quality degradation;
- prevents the call line identification (CLI) to be submitted to the destination terminal, which receives in its place the SIM card CLI used in the second call; this prevents the consumers from acceding to certain services and facilities, which, in normal conditions, would be available;
- when the pre-paid SIM cards, used in the fixed-mobile interfaces, no longer have credit, and since it is not possible to technically control top-ups so as to avoid this fact, sometimes the consumers are unable to make telephone calls (listening to a message saying that the respective card does not have credit to make the call, which also happens with customers that choose to have a contract), or the calls are suddenly dropped, which originates a lot of claims and harms seriously the reputation of mobile operators;
- prevents, in certain cases, that the call terminates at the desired destination since any customer of foreign mobile networks who is in roaming in the national mobile networks has associated a temporary numbering which can only be interpreted by the visited network (VLR, Visited Location Register) which is not directly accessible by any operator; the fixed-mobile interface equipment, when routing traffic, is transparent regarding the destination number, in this situation different from what was temporarily allocated by the national mobile operator to said customer (roamer in); this one being not acknowledged by VLR, it is impossible to terminate the call in the destination roamer in; in the worst case, these customers may never receive calls or be obliged to register in another mobile network, where, even though, may come across the same problem;
- prevents the customer – namely the customer in a national mobile network who is in roaming in a foreign network – from accessing services which provision depends on the CLI transparent sending, leading to the corresponding dropping of calls, due to the manipulation of the CLI itself, which is the result of the use of those interfaces; in addition, the customers pay for the cost associated to the same, since the call is made and therefore debited;
- makes the communications legal interception more difficult or can make it impossible due to the CLI manipulation;
- may question the rights of consumers regarding communications confidentiality and protection of personal data, since those data are processed without the consent or permission of the same.
This situation may lead, apart from violating the contracts signed between telecommunications operators and carriers, to the practice of several penalties by the latter, both of criminal nature (see nos. 2 and 5 of art. 221 of the Penal Code), and administrative nature.
According to the legislation in force before, this situation could lead to the practice of administrative penalties foreseen in subsection a) of paragraph no. 1 and no. 2 of art. 20 of Decree-law no. 290-B/99, of July 30, and in subsections a) and i) of paragraph no. 1 of art. 7, in subsection b) of paragraph no. 2 of art. 26 and in subsections a) and e) of paragraph no. 1 of art. 33 of Decree-Law no. 381-A/97, of 30 December.
With the entry into force of the Electronic Communications Law (Law no. 5/2004, of 10 February), the companies that wish to offer electronic communications networks and services shall from now on be obliged to previously sent to ICP - Autoridade Nacional de Comunicações a short description of the network or service which offer they wish to initiate and to communicate the date foreseen for the beginning of its activity, pursuant to paragraph no. 1 of the respective art. 21.
The exercise of the activity of network operator or communications service provider without the competent previous communication to this Authority – as well as the development of actions not included in the description of the service they wish to offer – is susceptible of leading to the practice of one administrative penalty, in accordance with the provisions contained in the legal diploma referred to above and in subsection c) of paragraph no. 1 of art. 113 of the same legal diploma.
On the other hand, as it was already said, said use of this equipment, questioning the protection of personal data and privacy, not ensuring, in several aspects, service facilities and quality levels which were established for the provision of mobile telecommunications services – which shall not certainly be decreased in the regulations of Law no. 5/2004 – and not ensuring the legal interception of calls, shall certainly violate the general conditions referred to in article 27 of the new Electronic Communications Law, which shall be regulated by this Authority.
ICP - Autoridade Nacional de Comunicações can also, pursuant to the provisions contained in article 14 of Decree-Law no. 192/2000, of 18 August, authorize the operators to refuse the connection, disconnect or withdraw the SIM card service coupled to an interface whenever they consider that the use of the same with commercial purposes causes harmful interferences or damages the network or its operation.
That can be the case of the above-described situations.
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Interfaces fixo-móvel
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