EU court stops UKE’s ad hoc regulation of TP’s retail broadband prices

7 May 2010

Polish telecoms regulator, the Office of Electronic Communications (UKE), has lost a dispute in The Court of Justice of the European Union (EU), which ruled that it does not have the right to regulate incumbent national PSTN operator Telekomunikacja Polska’s (TP Group’s) retail broadband access tariffs without formal prior market analysis. UKE chairwoman Anna Strezynska told Dow Jones Newswires that the watchdog is looking into the legal possibilities of appealing the EU’s verdict. UKE issued TP Group with a fine of around PLN340 million (USD107 million) in 2007 after the telco refused to cut retail monthly fees it had introduced for broadband internet access offered independently from fixed voice line services (so-called ‘naked DSL’), which became available in February 2007. TP had introduced the data-only version of its ‘Neostrada’ ADSL service under orders from UKE, which subsequently called its monthly charges excessive. The telco appealed the fine, and Strezynska said the case is still pending at the Polish administrative courts.

Poland, Orange Poland