RRT rejected the request of the telecommunications company: it intended to resell the services of other mobile operators | Business

Such contracts would allow the resale of Telia Lietuva, AB and UAB “Tele2” services to the company’s customers. The RRT rejected both Consilium optimum applications.

In the applications, Consilium Optimum said it aims to provide retail mobile services to customers. This was the basis of the desire to have the opportunity to connect to the networks of Telia Lietuva, AB and UAB “Tele2”.

The company explained that both Telia Lietuva, AB and UAB “Tele2” manage limited resources, have developed mobile communication networks throughout Lithuania, which it does not have, therefore it cannot provide mobile communication services and successfully compete in the retail market of electronic communication services.

According to Consilium optimum, in order to participate in the market and maintain its effective competitive environment, it must be able to connect to the mobile networks of other companies, and one of the ways, and essentially the only way, to achieve this is to resell the mobile services provided by other operators. in the retail market. In this case, it may include voice communication, SMS, MMS, Internet data transmission services.

However, Telia Lietuva, AB and UAB “Tele2” refused to present to the company an acceptable draft of a wholesale contract for the resale of mobile communication services with plans, prices, discounts, other conditions and to conclude a corresponding wholesale contract for the provision of electronic communication services. As a result, Consilium optimum applied to the RRT, requesting access to the network, but stating that it was not seeking to operate as a virtual operator, but as a reseller of services.

There is no reason to oblige the operator

According to RRT chairperson Jūratė Šovienė, when examining such disputes, it is always assessed whether the refusal to provide access or the provision of access under conditions that do not provide a real opportunity to use access, hinders the formation of effective competition in the market.

“When examining the disputes initiated by Consilium Optimum, we relied on the fact that both Telia Lietuva and Tele2 are currently not recognized as business entities with significant influence on the mobile communication services market. We have not imposed any obligation on them to give others access to their mobile network. In addition, we have not determined that there is a basis for establishing relevant obligations for these mobile operators in order to ensure effective competition in the electronic communications market”, explains the decision to reject the requests, Jūratė Šovienė, the chairperson of the RRT.

One of the most important principles on which RRT is based is that the decisions made must not only promote competition, efficient investments and the introduction of innovations, but also ensure the greatest possible benefits for consumers.

At that time, RRT chairperson J. Šovienė emphasizes that Consilium Optimum itself currently provides mobile communication services to its customers without even having access to Telia Lietuva and Tele2 mobile communication networks and announces this on its website.

The chairwoman of the RRT reminds that the regulation of electronic communications does not prohibit business entities from negotiating and entering into agreements on the resale of mobile communication services, but it also does not impose an obligation on operators providing such services to enter into contracts with anyone who would like to resell their services, i.e. to provide services of operators with networks on their own behalf to end recipients .

The decision of the RRT has not entered into force, the parties to the dispute within 14 days from the date of adoption of this decision have the right to apply directly to the Vilnius District Court and request to examine their dispute in substance. In this case, the procedural position of the parties to the dispute does not change.