S.C. Intersat S.R.L. - S.C. Mobifon S.A.

Plaintiff
S.C. Intersat S.R.L.

Respondent
S.C. Mobifon S.A.

Date when the complaint was submitted
April 5, 2004

Description
In the explanatory memorandum, the plaintiff mentions having required the conclusion of an interconnection agreement with S.C. Mobifon S.A. in May, 2003. Upon discussions with the respondent, the technical solution chosen was indirect interconnection, using the interconnection service for the commuted transit provided by S.C. Romtelecom S.A.
The plaintiff claims that S.C. Mobifon S.A. conditioned the interconnection agreement on conclusion of a preliminary “Confidentiality Agreement” and, although it transmitted the respondent the respective agreement, received no reply. As well, the plaintiff claims that, in October 2003, the respondent did not answer the electronic mail.
Moreover, the plaintiff claims that the interconnection agreement concluded with S.C. Romtelecom S.A. was rendered operational on April 1st, 2004, and that 600 subscribers of S.C. Intersat S.R.L. cannot initiate or receive calls to/from the network of S.C. Mobifon S.A.
Taking into account that, in the period May 2003 - April 2004, the plaintiff corresponded with S.C. Mobifon S.A. with a view to concluding an interconnection agreement, the plaintiff considers that the negotiations for such an agreement exceeded any reasonable term.
As well, the plaintinff claims that S.C. Mobifon S.A. required S.C. Romtelecom S.A. to operate additional marking for the traffic from S.C. Intersat S.R.L., and considers this solution to be not justified. The plaintiff proposes that all the costs and technical solutions for the implementation of such measures be born by the respondent.
S.C. Intersat S.R.L. requires ANRC to establish a deadline for the implementation agreement between S.C. Intersat S.R.L. and S.C. Mobifon S.A.
The plaintiff legally grounded the complaint on the provisions of the ANRC President’s Decision no.147/2002 on the principles and prerequisites of the reference offer for interconnection with the public fixed telephone network, amended and comp[leted by the ANRC President’s Decision no.1384/2003.
The plaintiff adopted the mediation procedure for the settlement of this dispute.

ANRC Solution
Decision no. 147/2004 on settling the dispute between S.C.Intersat S.R.L. and S.C. Mobifon S.A.