The general regime of ownership of fixed-mobile traffic is to be altered during this year, in keeping with the legal principle that the traffic belongs to the operator of the network where it originates.
The present regime, which grants mobile operators the possibility of establishing the prices for the telephone calls originated in the fixed network, is rooted in an historic context of stimulating the swift penetration of the mobile networks. At this time the penetration rate of the mobile services in Portugal is higher than that of the fixed service and this regime is therefore no longer warranted.
This alteration will allow the tariff for telephone calls to mobile networks originated in the fixed telephone network to be defined by the fixed-service provider. It will also allow the fixed-mobile connections to be eligible for call-by-call provider selection, under the indirect access regime.
In keeping with the deliberation of ICP, the operators are allowed to enter into bilateral agreements of contrary sign, provided that legal and regulatory conditions are observed, taking into account, in particular, the obligations to which entities with significant market power in the mobile, interconnection, rented circuit and Fixed Telephone Service markets are subject.
With a view to allowing the various operators a reasonable period for dynamic adjustment compatible with the desired market stability, the price regime and the operator interconnection rules shall observe these principles as from 1 October 2000.