PLN 1m fine for TP SA because of bitstream access

2007-04-05

The Office of Electronic Communications (UKE) has decided to impose a fine on TP SA for defying the decision on the introduction of the bitstream access (BA) offer. The incumbent must pay PLN 1m (€0.26m).
The regulator insists that the operator is charging others, who have signed the BA agreements, for excessive data transfers. In accordance with the bitstream access framework offer, TP SA was obliged to provide the BA service to alternative operators on the same conditions as those applicable to ADSL broadband offered to individual users. The UKE stated that only one operator who signed the BA agreement is not subject to the data transfer limits.
The president of the UKE took into account, when calculating the fine, the fact that TP SA stopped charging the alternative operators for data transfers in excess of certain limits. Nevertheless, the regulator emphasised that such clauses are in the contracts currently in force. The Office has also pointed out that the incumbent is in talks with alternative operators on updating the agreements so that the limits can be abolished.

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