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Poland: Orange’s request for flat-rate settlement refused

By  |  February 15, 2016

The Polish Court of Appeal has dismissed an appeal by Orange Poland. Orange appealed the judgement of the District Court in Warsaw-Court of Competition and Consumer Protection of 3 October 2014, dismissing Orange’s appeal against the decision by the regulator UKE’s President of 21 June 2012.

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    UKE’s decision refused to amend the interconnection contract between Orange Poland and Telefonia Dialog in terms of settlement of inter-network traffic based on a flat-rate settlement in the network Dialog.

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    The Court of Appeal dismissed the appeal by Orange and stated that there was a lack of reasons to implement a flat-rate settlement in the network Dialog. The Court of Appeal stated that Dialog was not subject to regulatory obligations and did not have to set interconnection rates based on costs incurred.

    Also, Dialog did not have to keep regulatory accounting based on a flat rate billing. As a result, UKE’s decision refusing to amend the interconnection contract as required by Orange was correct. The decision is effective.

    Full content: Telecom Paper

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