Hello list,

I have not seen this type of request here before, however as anyone in the 
telecommunications world will know, squabbles over termination rates come with 
the territory; recently as a new entrant (boot strapped start up - Asterisk SS7 
supporter) in the UK mobile space I have had to refer a mobile termination rate 
dispute between T-Mobile (UK) Ltd and Mapesbury Communications Ltd (MCom) to 
the UK regulator (Ofcom)  
http://www.ofcom.org.uk/consult/condocs/mapesbury_tmobile/ - kind of a David 
and Goliath fight.

For those that want to assist making sure the UK continues to be supportive of 
new entrants market entry, input to Ofcom in support of the below by tomorrow 
night UK time would be of value. 
http://www.ofcom.org.uk/consult/condocs/mapesbury_tmobile/howtorespond/ 

Below I lay out an outline of why I think Ofcom should uphold MCom's proposed 
termination rate:

1.Others should be aware that if Ofcom upholds the concept of efficient cost 
based pricing for a new entrants, this  will most likely kill non-spectrum (eg 
WiFi) holders as their likely efficient termination costs will  be almost 
nothing,  and this major issue will/could jeopardise the survival of innovative 
start-ups.

2. TMUK makes a hefty profit at MCom's proposed termination rate. We have 
evidence of this and will be submitting an example, TMUK is just trying yet 
another way of stifling new entrants into the UK mobile space. All other UK 
MNO's have agreed the MTR.

3. MCom believes fair would have been upholding our termination rate, In a 
recent UK Competition Appeal Tribunal Ofcom was instructed to investigate costs 
so as to form an idea of the relationship between cost and price, not to set a 
cost based price.

4. Ofcom's statutory duties include promoting competition and encouraging the 
efficient and use of spectrum. This is what led them to liberalise the spectrum 
MCom uses in the first place. This dispute is a opportunity for Ofcom to 
demonstrate support to new entrants.

5. By obliging MCom to set a termination rate at their assumed efficient rate 
we enter the market losing money on termination, which forms a significant part 
of our business. Where is the level playing field? Four of the MNO's have had 
years and years to build customer numbers as well as barriers to entry; and at 
the time the incumbents launched, mobile termination rates were set an order of 
magnitude higher than we propose.

6. Ofcom's reliance on unsafe data and unreasonable assumptions and their 
failure to give the new entrant the benefit of the doubt is unreasonable and 
unlawful.

7. The effect of this decision is to decrease UK competition and devalue any 
future spectrum release (including re-farmed 900Mhz) as any new entrant will 
have to be willing to accept a loss on termination from the outset, a risk we 
do not believe a new entrant would be willing to take.


Comments and questions welcome. 

Thanks and regards.

Magnus Kelly



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