The President of the Office of Electronic Communications began audit proceedings in order to check if mobile operators comply with regulatory obligations and implement new rates of interconnection settlements.
Pursuant to the decisions of the President of the Office of Electronic Communications of 14 December 2012 on the designation of operators with significant power in the market for the provision of voice call termination services on public mobile telephone networks (so-called market 16), from 1 January 2013 to 30 June 2013, operators of seven mobile networks are obliged to apply symmetric mobile termination rates in the amount of 0.0826 PLN/minute, while from 1 July 2013 in the amount 0.0429 PLN/minute.
In order to verify regulatory obligations imposed and new wholesale interconnection settlements specified in the decisions of the President of UKE, UKE commenced audit proceedings in relation to: Aero2 Sp. z o.o., Centernet S.A., Mobyland Sp. z o.o., P4 Sp. z o.o., Polkomtel Sp. z o.o., Polska Telefonia Cyfrowa S.A. and Polska Telefonia Komórkowa Centertel Sp. z o.o. In the last two weeks of 2012, the aforementioned undertakings were informed on the intention to initiate the audit.
Due to the fact that the decisions issued are immediately enforceable, the President of UKE intends to check if the audited undertakings, immediately after receiving the decisions of 14 December 2012, took steps to implement regulatory obligations and new MTRs by signing relevant agreements or amendments to interconnection agreements.
Audit activities of UKE are scheduled for 7 January 2013 in the registered office of:
- Polska Telefonia Komórkowa Centertel Sp. z. o.o.,
- Polska Telefonia Cyfrowa S.A.,
- Polkomtel Sp. z o.o.,
and for 8 January 2013 in the registered offices of the following companies:
- Aero2 Sp. z o.o.,
- Centernet S.A.,
- Mobyland Sp. z o.o.,
- P4 Sp. z o.o.
The date of completion of audit activities in respect of mobile operators is scheduled for the beginning of February 2013.
In the case of finding violation of the decision by audited telecommunications undertakings, the President of UKE has two possible responses to the factual circumstances.
Firstly, it can issue audit recommendations in which it will demand the audited entities to remove irregularities or provide explanations within 30 days upon the date of the receipt of the recommendations.
In case of failure to remove the irregularities identified or when explanations provided are insufficient, the President of UKE shall issue a decision where she requires the removal of identified irregularities and may:
- specify measures which should be applied by the audited undertaking in order to remove the irregularities,
- determine the date until which the irregularities are to be removed,
- impose the penalty referred to in Article 209(1) of the Telecommunication Act, i.e. the penalty in the amount up to 3% of the revenue of the sanctioned entity earned in the previous calendar year.
Secondly, in justified cases, the President of UKE may impose on the entity which failed to comply with the decision a penalty referred to in Article 209(1) of the Telecommunications Act, directly, without the need to issue audit recommendations.