Sunday, January 29, 2012

Anatel opens up gap for higher interconnection charges for companies without PMS

The Directing Council of Anatel approved on Thursday, 26/01, a dissenting opinion of councilor Emilia Ribeiro, in which she would ensure use of a Unicel, which was requested the right to charge the maximum fare for interconnection against Telefonica, which was denied by the agency in a case dated 2008. Paves the case for operators without significant market power (SMP) can charge maximum rate of interconnection of large carriers.

By now examine the use of Unicel, Emilia Ribeiro was opposed to voting the rapporteur of the case, counsel Jarbas Valente, who upheld the decision in 2008 not to grant the company the right to charge up to 20% in Telefonica's interconnection fee.

The counselor felt that Unicel, for not having Significant Market Power (SMP), could charge the highest practical value of the VU-M, high up to 20%, as recommended by the regiment of interconnection.

At the last meeting, after delivering his dissenting opinion, the discussion ended without an agreement on the board, forcing the president to ask John Rao views. But in the session on Thursday, 26, to resume the issue, all voting ended, including Jarbas Valente, with the position of Emilia Ribeiro.

What was different, however, that leaves the Unicel with the feeling that it has obtained a "Pyrrhic victory", was the fact that the board approved the dissenting opinion of councilor Emilia, but determined that the interconnection charge is still considered Arbitration by the Committee - the same as in 2008, was contrary to the right of the operator. In this case, hardly Unicel may charge a maximum rate of Telefonica sought.

Is also worth remembering that Unicel is basically nonexistent market. The company faces problems with stock control and almost no subscribers in Sao Paulo. Company has even faced bankruptcy filings, but the decision might encourage other operators without SMP, since it makes a nice case in regulatory agency.

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