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Economic Regulation Issues May 2009

Authority Gets Assertive
International Law Office, May 28, 2009

The Competition Authority of Lithuania has found that energy company UAB Vilniaus Energija, which supplies energy for domestic central heating, abused its dominant position by charging unfair prices. The authority reached this conclusion solely on the basis that the company's prices did not follow the pricing methodology approved by the relevant regulator. If this position is upheld in court, the council's powers will be substantially extended, which will have an impact on all undertakings operating in regulated markets.  <<More>>

Passengers’ Compensation
International Law Office, May 27, 2009

The Federal Court of Justice has ruled again on the scope of application of the EU Denied Boarding Regulation (261/2004) regarding compensation and assistance to passengers in the event of a missed connecting flight. On April 30, 2009 the court dealt with the question of whether a passenger who has missed his or her connecting flight due to an earlier delayed flight may claim compensation from the operating air carrier under the regulation. <<More>>

Rail Monopoly – Drawing to a Close
International Law Office, May 27, 2009

As the government pushes ahead with market-oriented reform, plans are underway to open up the railways to full competition by 2010. A bill submitted to Parliament proposes the gradual deregulation of passenger rail services. As the first step, weekend services will be opened up to competition in July 2009. International passenger railway services will then be opened up in October 2009, followed by the national network a year later.  <<More>>

ANATEL Regulates BPL
International Law Office, May 20, 2009

The National Telecommunications Agency (ANATEL) recently published Resolution 527, which approves the Regulation on the Conditions of Use of Radio Frequency by Broadband over Power Line (BPL) Systems. The new regulation establishes the criteria and technical parameters for using this technology to ensure that BPL systems do not cause harmful interference to other services. <<More>>

Approval to Open Access Undertakings
International Law Office, May 20, 2009

The review of the regulation on open access to Telecom Italia's fixed-network infrastructure has finally concluded. On December 05, 2008 Telecom Italia filed a revised proposal of undertakings incorporating the requests for amendments made by the Communications Authority (AGCOM) on November 26, 2008. <<More>>

Sunrise Alleges Swisscom Abuse of Market Dominance
International Law Office, May 20, 2009

Sunrise – Switzerland's second largest provider of telecommunications services – has complained to the Competition Commission against Swisscom for abuse of market dominance. Sunrise complained after Swiss Post awarded the contract for broadband services for its post offices and teller machines to Swisscom. <<More>>

Why Can't I Have Just One Bill?
International Law Office, May 20, 2009

Frustrated consumers in Bermuda often blame service providers for their inability to offer bundled telephone, cable television and Internet services, but it is actually the legislative framework that keeps the services separate. The legislation governing the provision of public telecommunications services is the Telecommunications Act 1986. <<More>>

Bill on Base Station Control Measures
International Law Office, May 20, 2009

On April 16, 2009 the Transportation and Communications Committee of the Taiwanese Congress agreed a proposed bill to amend the Telecommunications Act and decided to adopt quantity controls on all mobile base stations nationwide. If the bill is passed in the forthcoming general assembly meeting, not only will existing second and third-generation operators be threatened with the removal of their base stations, but the would-be operators will be left with nowhere to construct their base stations. <<More>>

New Passenger Rights
Executive Travel, May 11, 2009

According to press reports from Canada, that country’s four leading carriers – Air Canada, WestJet, Jazz Air LP and Air TransAt – have filed tariff changes with the government’s transportation agency that would guarantee certain consumer protections to passengers. <<More>>

Telecom Giants Ordered to Cut Prices
International Law Office, May 06, 2009

In 2009, for the third consecutive year, Taiwan's three largest mobile companies were forced to cut their prices by at least 4.88 percent on second-generation (2G) mobile network calls charged at the highest rate per minute, local calls to 2G mobile networks and prepaid cards, beginning from April 01, subject to a tariff control measure announced in November 2006. <<More>>

OTE Fined for Delay in Delivery
International Law Office, May 06, 2009

In a plenary meeting of March 17, 2009 the National Telecommunications and Post Commission adopted a decision to impose a fine of US$10.2mn on OTE SA for infringements of the electronic communications and free competition legislation, resulting in the delayed expansion of broadband into rural areas. <<More>>

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