Wednesday, November 23, 2016

Seven points to understand why Telenor can get a milliardgebyr – Aftenposten



1. Most need to get on the web

the Market for mobile telephony and mobile data traffic in Norway consists of two nationwide netteiere and many providers of mobile phone services.

The two nationwide netteierne, Telenor and Telia (formerly NetCom). They are also the by far the largest suppliers of the mobiltjenesten

Providers without own network buys so-called guest access to Telenor and Telias net.

the Parliament has adopted a goal that Norway should get a third competitive and national grid.

“the Establishment of a third mobile network has been essential to achieve increased competition in the Norwegian mobile market”, enter the Competition in its press release.

2. The competition authority believes that Telenor is abusing the power

the Norwegian Competition authority (KT) believes that Telenor has “abused its dominant position” to prevent the development of the third mobile network in Norway.

KT has notified a fee of 906 million.



Konkurransetilsynets notice is tilbakeskuende. It applies to Telenor’s activities in the years 2010-2014. Today’s telemarked in other words, is not directly covered by the KTs notice.

the Case began when the Competition authority carried out the swoop in the Telenor headquarters at Fornebu.

the Company Network Norway started in 2007 the construction of the third cellular together with mobile provider Tele2.

In the construction period was Telenor committed to providing Network Norway and Tele2 access to Telenor’s network, so that they could provide nationwide telecommunications services while they built the web.

3. Two supervision fit

It was then the Norwegian Post and telecommunications authority (now: National kommunikasjonsmyndighet – Nkom) in 2010 had laid down rules for other mobiloperatørers access to Telenor’s network.

Nkom its regulation in this area applies to electronic communication network (telephony and broadband) and is set by the authority in the electronic communications act.

KT considering Telenor’s activities under competition law. This law encompasses the whole of the business.

Nkom has in a message on Wednesday supported the KT, and writes that it “has been the serious competition problems” in the mobile market.

4. Telenor’s two sins

the Competition authority believes that Telenor has prevented the third cellular network in two ways.

The first sin:

  • Network Norway/Tele2 had to pay Telenor a fixed sum for each of the subscribers, regardless of how much they used the Telenor network. Such a fixed cost in the whole construction period would be a klamp on the base of Network Norway, and reduces profitability by building out the third online.
  • This was an agreement the two parties agreed when it was signed in the autumn of 2010. But that it is not sufficient that the KT turns to rest. Telenor has according to KT “abused its dominant position” when the conditions were designed.

The second sin:

  • Telenor entered into agreements with four mobile operators about the use of Telenor web. But in the agreement was for the KTs assessment is designed so that the threshold for approaching the third web was too high for the four operators. KT calls this the “exclusive agreements”. Thus helped Telenor to reduce the Network Norway/tele2′s opportunities to acquire customers to their future online.

The second audit, Nkom, writes that they have “intervened a number of times towards Telenor and, inter alia, notified that Telenor cannot make any such claims about the exclusivity that KT believes is an abuse.”

Telenor’s comment is given in a press release.

5. What happens next?

Telenor has a deadline to 1. march next year to give its reply to the matter.

KT will then make the final decision regarding the fee. Then Telenor bring the matter to the Konkurranseklagenemnda. This is a new committee that is under construction.

If Telenor wants to bring the matter even further, it goes right to the court of appeal.

6. Gebyrets size

KT using the recipe in EU law. The scope of the business terms and duration of the abuse determines the fee.

Telenor had in the last year to nok 15.1 billion in aggregate income from its Norwegian mobilvirksomhet. The income from the other mobiloperatørers use of you net was included in the item “other mobilinntekter”. It was 998 million.

operating profit in the Norwegian mobilvirksomheten was 7.2 billion in the year-ago quarter.

7. The current situation

Through a series of acquisitions, sales and oppsplittinger is that which was Network Norway/Tele2 in 2007 been to the company ice.net.

On its website informing ice.net it covers 75 per cent of Norway’s land area with mobile broadband.

at the same time builds ice.net out their own mobile networks. Forward to that the entire country is covered can ice.net their customers use Telias net where it is needed.

“For you the customer this means that you will have as good coverage as Telia customers,” writes ice.net on their web pages.

Telenor has had enough an oversight on the neck Telenor gets historic huge fee of nearly one billion, Telenor now has 95 per cent of the customers in the countries with much corruption. The proportion is growing.

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