the Federal antimonopoly service (FAS) has suspected cellular " the big three " in transgression " ABT competition protection ". According to service, operators could W/ O the consent of subscribers connect them 2 various services a content - providers. If infringement is proved, MTS, " to the Megaphone " and " to Vympelcom " the penalty at the rate to 15 % of a turn threatens.
business in the relation " the Megaphone " MTS and " Vympelcom " it is raised to infringement signs p.1 law item 10 " ABT competition protection " (an interdiction for abusing the managing subject of a leading position). Business has been raised by management FAS across Petersburg, a deputy head of service Anatoly Golomolzin has told. In management complaints from subscribers of cellular communication on coming it from short numbers SMS W the offer arrived to connect any service. Opening such MSG, subscribers automatically entered contractual relations W the commercial organisation which has sent it, and money was there and then written off from the bill. As contracts of operators and a content - providers operate not in one region, business have decided to consider in central office.
" we suspect that operators, as a matter of fact, simulate sending of RQ about connection of service from the subscriber. This infringement of interests of the subscriber and service imposing " — mister Golomolzin SPK. He has not specified, what activity a content - providers has come into the view FAS.
If FAS recognises " a three " transgressioning " ABT a competition " To it should give out the writ ABT infringement elimination, and also can impose the penalty reaching of 15 % of a gain from realised service in the market where the offence is made. Concrete parametres on which such penalty 4 cellular operators can be calculated, FAS yet has not defined. Following the results of the second quarter MTS gain, " the Megaphone " and " Vympelcom " as a whole in Russia has reached 228,81 mlrd rbl. That is if for a basis will be the quarter income the greatest possible sum of the penalty will equal for three 34 mlrd rbl. is taken If the service decides to raise the penalty only from a gain of the companies from a content - services, its sum can make B4 2,16 mlrd rbl. (a gain " three " in this segment following the results of the second quarter, according to ACM - Consulting, equaled 14,419 mlrd rbl.).
In MTS, " the Megaphone " and " Vympelcom " yesterday have declared that they while do not know, in what claims FAS consist. " All services which we render a content - to providers and the subscribers using their services, are given taking into account requirements of the Russian legislation, including antimonopoly " — assures a press - the secretary of MTS of Valery Kuzmenko. All three operators, as they said, struggle with cases of infringements of contracts from outside a content - providers. For example, MTS perfects IT - systems of informing of subscribers and counteraction to swindle. " a megaphone " in the first half of the year has blocked possibility of use of short numbers more than on 600 Internet - resources. " Vympelcom " has entered system exhibiting of penalties to providers if the subscription of the subscriber to service is not CFMed at the operator. In this case to the subscriber all means for a subscription come back, and W the provider vzaimoraschety are not made. " SMS from short numbers on which complaints en face arrived, we qualify as installation by providers of the harmful software on TEL of the subscriber " — the interlocutor admits one of the companies.
in Association a content - providers 2 do not agree W charges FAS. " it is doubtful that someone from operators risked loyalty of the subscriber for the sake of momentary benefit, after all deduction of subscribers — a key problem in the conditions of a rigid competition " — the chairman of association Antsiferov`s Hope SPK. In its opinion, similar complaints from subscribers can be connected including with bad knowledge of rules of granting of service. " The majority of additional mobile services is got spontaneously, the subscriber passes the detail information ABT service or puts a tick on a site, without reading rules of its granting " — Antsiferov`s madam explains.