We monitor companies with significant market power | Traficom
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Transport and Communications Agency

We monitor companies with significant market power

We collect information

We collect information on regulated products of companies and follow the market developments in the regulated markets. We review the information and if needed intervene in any issues.

We resolve conflicts

Sometimes telecommunications operators disagree what obligations actually mean in their business transactions. We recommend contacting us already before the problem becomes urgent. If possible, we try to find solutions through negotiation.

If unofficial negotiations are not successful, we can instigate official proceedings. We can still refer the matter to mediation and act as an unofficial mediator at the parties’ request.

A telecommunications operator or a user whose right or benefit a matter concerns may bring the matter considered to be contrary to law or an SMP decision to Traficom for consideration. Traficom may also take up matters for examination on its own initiative. Under the Act on Electronic Communications Services, Traficom shall promote cooperation among telecommunications operators and aim at resolving disputes concerning SMP obligations between telecommunications operators primarily through mediation. If negotiations do not produce results, Traficom settles the matter in an administrative procedure and issues a decision open to appeal.

Unofficial negotiations and dispute proceedings at Traficom

Before commencing actual dispute proceedings, Traficom aims at organising negotiations between Traficom and the parties involved. Traficom requests the party initiating the matter to contact Traficom already before submitting the official request for action. Traficom can negotiate with the telecommunications operators involved in the dispute either separately or together with all parties present.

Unofficial negotiations aim at:

  • specifying disputed and undisputed issues in the matter
  • clarifying Traficom's competence in the matter and listing any other authorities involved in settling the matter
  • settling the matter before official proceedings, whenever possible.

If conditions for unofficial negotiations do not exist or the negotiations are unsuccessful, dispute proceedings may be officially initiated. The matter must be initiated in writing. The party initiating the matter must specify the claim and grounds for the claim. The request for action should also specify the telecommunications operator's activity considered to be contrary to law so that the activity's relation with the Act on Electronic Communications Services, or any regulations issued under it, becomes clear.

Mediation

Even after official dispute proceedings have been initiated at Traficom by submitting a request for action, Traficom may still try to settle the matter through mediation. Traficom can refer the matter to mediation, where applicable, and act as an unofficial mediator at the parties’ request. Referring a matter to mediation requires the consent of all parties.

Examination and resolution of disputes at Traficom

If mediation does not produce results within four months, Traficom shall at the request of either party make a decision open to appeal on the matter within four months from the end of mediation. Traficom hears all parties involved mainly in writing. Oral reports and clarifications are also possible. The four-month deadline affects both the party submitting the request for action and the telecommunications operator involved in the matter.

The four-month deadline provided by law does not apply to unusually extensive cases. In the Act, an unusually extensive case means a dispute requiring complicated and time-consuming examinations, hearing extensive groups of parties or ordering a large expert analysis, for example.

After considering the matter, Traficom issues a written, justified decision on whether the activities comply with provisions, and obliges, if necessary, the party violating or neglecting the provisions to rectify the situation. Traficom’s decisions on SMP obligations may be appealed to the Supreme Administrative Court. Traficom's decisions must be complied with despite any appeal, unless the appellate authority orders otherwise.

Our decisions are open to appeal

If we do not reach an agreement through mediation, we issue a decision open to appeal at the request of the parties within four months. However, the deadline does not apply to unusually extensive cases.

We settle complaints and disputes usually by hearing the parties in writing. After that, we issue a reasoned written decision on the compliance of the operations and oblige the parties violating or neglecting regulations to remedy the situation. We can also impose conditional fines, a threat of termination or a threat of completion. The decision must be complied with despite any appeal, unless the appellate authority orders otherwise.

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