The court has calculated “ the Megaphone “ under tariffs FASthe Arbitration court of Moscow has rejected the claim “ the Megaphone “ about invalidity of the instruction of Federal antimonopoly service (FAS), concerning change of tariffs for intercamera calculations (interkonnekt). The operator is going to challenge the decision in appeal instance. In turn, experts notice that attempt FAS to regulate the market has failed: the cellular companies on - former independently establish tariffs for intercamera calculations.
yesterday the arbitration court of Moscow has rejected Open Society claim “ the Megaphone “ to FAS about a recognition void instructions about change of tariffs for intercamera connections. According to the regulator instruction, “ the Megaphone “ should establish till the end of November of last year for all operators cost for interkonnekt at identical level with operators “ the big three “.
In July of this year of MTS, “ Vympelcom “ And “ the Megaphone “ have entered new rules of calculations for interkonnekt, according to which tariff for call end inside “ the big three “ has made 0,95 rbl. in a minute of connection. All other cellular operators should pay “ to the big three “ 1,1 rbl. the Association of the regional operators uniting the small cellular companies, has counted such tariff policy discrimination, noticing that this step can lead to increase by the small cellular companies of cost of proceeding calls to subscribers of operators from “ the big three “. Under the association complaint in August the Federal antimonopoly service has brought action about infringement of the law on a competition. Without waiting decisions FAS, “ Vympelcom “ and MTS have reduced the price for end of a call to subscribers of the network from networks of the small cellular companies to 0,95 rbl. then manufacture on their business has been stopped. “ a megaphone “ To change quotations on interkonnekt has refused. FAS, in turn, has ordered to the operator to establish for all operators identical level of cost for call end.
in December, 2006 “ the Megaphone “ has submitted the claim with the requirement to nullify instruction FAS, however yesterday the arbitration has rejected it. “ FAS has not carried out when due hereunder the market analysis, has not defined character of the competitive environment in which operators operated, therefore has passed the decision with infringement of requirements of the legislation “ - the first deputy of the general director of Open Society " has commented on a judgement; the Megaphone “ Alexey Nichiporenko. Earlier mister Nichiporenko repeatedly declared that, “ according to the Russian legislation, questions of interaction of the operators, not recognised essential, are not subject to regulation “.
En face on statements “ the Megaphone “ have reacted frostily. “ Statements look strange if to consider that there is a judgement upholding our instruction “ - deputy chief of department FAS on control and supervision in the field of transport and communication Anatoly Rutenberg has declared.
According to experts, the current situation in the market proves that operators manage to defend economic conditions for themselves. “ operators have a possibility to ignore decision FAS by a procedural tightening of execution of its instructions “ - has told analyst IKS - Consulting Margarita Zobnina. By estimations of madam Zobninoj, thanks to higher tariff on interkonnekt only for the third and the fourth quarter “ the Megaphone “ has in addition earned about $1 million Appeal of the decision of arbitration court in higher instances it can be tightened on half a year - year. “ in this case additional incomes of the operator can make a $2 million order, - the expert considers. - And by that moment as the court will take out the final decision, the price level in the market on interkonnekt will grow to planned ` the Megaphone ` level “. It also reminds that MTS during the fourth quarter again have raised cost on interkonnekt. Depending on concrete region and volume of the traffic proceeding from the regional operator, MTS tariff can change and reach the same 1,1 rbl. challenged by regional operators in last year. Thus the tariff for calls from networks “ the Megaphone “ and “ Vympelcom “ in MTS remained at former level - 0,95 rbl. “ In a present situation of attempt FAS to regulate the cellular market appear inefficient as actually the end result it is not reached “ - the leading analyst " summarises; Kominfo Consulting “ Egeny Solomatin.