News : ACM Takes New Decision About Old 084/087 Rate Case
Amsterdam, The Netherlands, Dec 7, 2015— Dutch regulator ACM has taken two decisions regarding the wholesale tariff structure for 084/087 numbers. Studies from Opta/ACM and the corporate appeals court (CBb) revealed that KPN has been charging excessive prices to Tele2 Netherlands and BT Netherlands. The calculation follows the FTA-1 decision in 2006-2009. In the 30 July interim decision, the CBb commissioned the two decisions. There will be a final ruling.
ACM also ruled in the dispute between KPN and the two other providers. But the ruling only covered the period going from 23 December 2011 to 29 June 2012. The CBb has also given the ruling retroactive effect to 1 January 2006. The tribunal also overturned the FTA regulation but this is not relevant to the case.
At stake are the Personal Assitant (PA) services, or advanced call centre services available on 084 or 087 numbers. KPN took the position that PA services are not pure wholesale telephony services and that the rates are not subject to fixed call termination regulation.
ACM concluded however that the distinction is irrelevant and that the PA service should also come under the tariff regulation. KPN can therefore not apply different rates.
In the FTA-1 decision, it was also found that KPN had an opportunity and incentive for applying higher prices for call termination on 084/087 numbers. That is why tariff regulation was imposed as an obligation for cost-oriented tariffs.
The decision modifies rates over the period running from 1 January 2006 up to 31 December 2008. The agreement between KPN and BT can remain unchanged after this period. The decision for Tele2 NL covers the same period and is mainly the same.
Posted by Veronica Silva Cusi, news correspondent
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Published: Tuesday, December 8, 2015