Significant market power of mobile operators - UKE

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Significant market power of mobile operators


The President of the Office of Telecommunications and Post Regulation (URTiP) Witold Grabos according to article 57 of the Telecommunications law of 21 July 2000 (Dz.U. No 73, item 852 with further amendments) acting in communication with the President of the Office for Competition and Consumer Protection laid down by decision of 31 December 2003 that mobile operators PTK Centertel Sp. z o.o., Polska Telefonia Cyfrowa Sp. z o.o. and Polkomtel S.A. are operators with significant market power on the national interconnection market.

The criteria for establishing operator market share are laid down in the ordinance of the Minister of Communications of 4 April 2001 on detailed criteria for establishing operator share in the market of telecommunications services and methods for the definition thereof (Dz.U. No 31, item 358). The ordinance also defines the service market. Having analysed data for the year 2002 submitted by the operators on the basis of article 37 of the Telecommunications law, the President of the URTiP within his reporting duties decided that all three operators have significant market power.

Within the meaning of article 59 of the Telecommunications law an SMP operator has the obligation to:

  • calculate its costs separately for each of the universal services and for settlements resulting from interconnection agreements concluded with other operators,
  • keep accounts in a way ensuring that assets and liabilities, revenues and costs are attributed to particular types of activity as well as revenues and related costs are established separately  for each of services and settlements covered by cost calculation.

According to Article 111 (2) of the Telecommunications law the following decision can be appealed to the District Court in Warsaw – the Court for Competition and Consumer Protection - within 14 days from its delivery.

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