Rus News Journal

The Supreme Arbitration Court has eliminated communication breakage

From - for conflicts of communications service providers subscribers should not suffer, considers the Supreme Arbitration Court (YOU). In reply to inquiry of the Ministry of Communications and mass communications YOU has explained that operators do not need to disconnect subscribers or to limit the traffic admission, at least until business is not considered by court.
YOU has answered on inquiry of Minkomsvjazi, have told yesterday in the ministry. The court has explained that pre-judicial settlement of questions at issue between communications service providers, including under property relations, should be carried out without infringement of integrity of a communication network of the general using and without breaks in rendering of a telecommunication service to subscribers of co-operating networks, explains a press - the secretary of the Minister of Communications and mass communications Elena Lashkina. In Minkomsvjazi consider that practice of the permission of economic disputes between operators by means of switching-off is infringement of legitimate rights and interests of subscribers, madam Lashkina adds.

In July, 2008 Sinterra has submitted the claim on MGTS on 375,2 thousand rbl. of MGTS unilaterally has disconnected possibility of passage of calls from numbers the Megaphone through a network Sinterry last confirmed. The conflict has arisen from - that the Megaphone passed calls from the subscribers to subscribers of MGTS through a network Sinterry under the pretext of local as had no from MGTS of the agreement on direct joining. Such scheme allowed it to save: cost of local connection much less than zonovogo.

After MGTS has ceased to accept the calls going through a network Sinterry and from a number of other cellular operators among which have appeared Vympelcom Skye the Link and smarts, and also the cellular traffic of some alternative operators. In MGTS explained that have disconnected Sinterru and other operators as they have violated conditions of contracts which did not provide the admission of the traffic from subscribers of cellular networks on MGTS network. In Sinterre insisted that MGTS is an essential communications service provider and has no right unilaterally to refuse to other operator communication service and furthermore - to disconnect it.

in October the Moscow arbitration court has refused to satisfy the claim Sinterry (see from October, 15th, 2008). However in the middle of November the commission at Rossvjazkomnadzore (since December of last year - Roskomnadzor) has decided that switching-off of MGTS from the network of partners were lawful, but broke interests of subscribers. Officials recommended MGTS to co-ordinate in the future with them similar actions. This decision had recommendatory character, but as assured of Roskomnadzore, undoubtedly, it should be considered in judiciary practice (see from November, 14th, 2008).

In Sinterre are satisfied by an explanation YOU. Here the question not money, and a principle is important: the essential operator has not the right to refuse unilaterally rendering of any telecommunication service (in this case - in the traffic admission) and furthermore to disconnect from the network of other operators - it is assured a press - the secretary Sinterry Ekaterina Andreeva. In turn a press - the secretary of MGTS Alexander Ermakov insists that relations between operators are under construction on the basis of contracts, as well as orders the law About communication . If between communications service providers there are disputes they are resolved in a judicial order. There was no case of switching-off from a network of communications service providers, only restriction of the admission of the traffic at full observance of the current legislation - he confirms.

as well as commission Roskomnadzora recommendation, an explanation it is unessential YOU to execution, the partner of legal company Salans Victor Naumov considers. As he said, it is only powerful argument for operators not to disconnect each other, but to forbid do it cannot. According to the governmental order About the statement of Rules of joining of networks of telecommunication and their interaction operators should register in the contracts procedures of consideration of disputes - mister Naumov speaks. It explains that if in the contract possibility of switching-off infringements of treaty provisions from the formal, legal point of view the operator operates within the limits of the law is specified.

, ALEXANDER - MALAKHOV