Industry

S.C. RCS & RDS S.A. against S.C. UPC Romania S.A.

Plaintiff-respondent:

S.C. RCS & RDS S.A.

Respondent-plaintiff:

S.C. UPC Romania S.A.

Date of filing the complaint:

April 8th, 2009

Date of filing the counterclaim

April 29th, 2009

Background information:

On April 8th, 2009, the plaintiff S.C. RCS & RDS S.A. (RCS & RDS) filed a complaint with the National Authority for Management and Regulation in Communications (ANCOM) against the respondent S.C. UPC Romania S.A. (UPC).

The plaintiff asked ANCOM to impose on UPC the obligation to conclude an addendum to the existing interconnection agreement between the parties in order to regulate the service of termination on RCS & RDS’s mobile network of the calls originated from the fixed network of UPC, respectively the service of termination on the fixed network of UPC of the calls originated from the mobile network of RCS & RDS.

Also, RCS & RDS asked ANCOM to impose on UPC, as a provisional measure, the obligation to immediately provide the service of interconnection in view of the termination on RCS & RDS mobile network of the calls originated from the fixed network of UPC, respectively in view of the termination on the fixed network of UPC of the calls originated from RCS & RDS mobile network.

In order to resolve the complaint, the plaintiff chose the contentious procedure.

In turn, the respondent submitted a counterclaim whereby it requested ANCOM to impose on RCS & RDS the obligation to provide the capacity required for the interconnection between the parties, respectively the number of E1 links necessary both for managing the regular parameters of the current traffic volumes, and for covering the estimated traffic increase for the following 6 months, according to the traffic forecasts transmitted to the plaintiff, with a two-phase implementation, namely 10 E1 links during May 2009 and 5 E1 links during September 2009.

The respondent’s request to impose provisional measures was settled by the ANCOM President’s Decision no. 333/2009.

ANCOM solution:

The ANCOM President’s Decision no.333/2009 on the resolution of the request of RCS & RDS to impose provisional measures

The ANCOM President’s Decision no.795/2009  on the resolution of the dispute between S.C. RCS & RDS S.A. and S.C. UPC Romania S.A.