The FAS did not like the expansion of its network at the expense of other operators

The 9th Arbitration Court of Appeal confirmed the decision of the previous instance that Dalsvyaz, one of the seven enterprises of Svyazinvest, illegally charged alternative operators joining its channels a fee for “strengthening” its network. The antimonopoly service, which initiated the proceedings, demands that the company transfer to the budget 200 million rubles earned in this way over two years—this is almost 30% of Dalsvyaz’s net profit for the first half of 2007. On Monday, the 9th Arbitration Court of Appeal rejected Dalsvyaz's appeal against the decision of the previous court, issued earlier this year. Then the court ruled that in 2005–2006 the company illegally charged joining operators a fee for “strengthening” (Dalsvyaz’s term—Kommersant) its network and illegally received 200 million rubles from third-party companies. The proceedings were initiated by the FAS, to which in mid-2005 a subsidiary of the cellular operator MTS Primtelephone filed a complaint against Dalsvyaz. “The audit showed that Dalsvyaz took money from Primtelefon, as well as from other Primorye operators, for the development of its own network, the so-called strengthening, even if this was not required at all,” says the head of the department of control of transport and communications FAS Konstantin Senichkin. Thus, according to Mr. Senichkin, using its position, Dalsvyaz violated Art. 10 of the Law “On Competition”.
OJSC Dalsvyaz is one of the seven interregional companies of OJSC Svyazinvest (the holding owns 51% of its shares). At the end of 2006 it served 1.37 million subscribers. At the end of the first half of 2007, revenue amounted to 5.16 billion rubles.
The FAS ordered Dalsvyaz not to charge operators for “strengthening” networks (as they say in MTS, in the case of Primtelecom it was 341 rubles for each subscriber connected to the Dalsvyaz network), but Dalsvyaz challenged the order in a court. “In 2005–2006, the company illegally received just over 200 million rubles from operators. If the FAS is proven right, Dalsvyaz will have to pay these funds to the federal budget,” clarifies Mr. Senichkin.
The phones of Dalsvyaz representatives were not answered last night. “We are now studying the current situation,” Oleg Mikhailov, director of the external communications department of Svyazinvest, told Kommersant. “We will be ready to comment later.”
FAS representatives consider the case against Dalsvyaz to be a precedent. Mr. Senichkin says that he does not remember such proceedings. Telecommunications specialists agree that Svyazinvest enterprises now almost never practice connecting cellular operators and business communication operators to their networks at discriminatory tariffs. “However, problems remain with access to the infrastructure of monopolistic operators,” admits the general director of Corbina Telecom, Alexander Malis. “Telecommunications companies often do not allow other companies to access the telephone network or, for example, sites on automatic telephone exchanges.”
“Obviously, if the FAS wins the case against Dalsvyaz, this will be a precedent,” says Eldar Nazmutdinov, senior legal adviser at the Prospekt investment company. “It is possible that cellular and alternative operators will, through the FAS, demand from telecommunications enterprises non-discriminatory access not to networks and to infrastructure communication facilities (telephone sewerage, areas at communication facilities, etc. - “Kommersant”). If it is proven that, as in the case of Dalsvyaz, enterprises are using their monopoly capabilities, the cases will most likely be decided in favor of the plaintiffs.”
Valery Kodachigov

Kommersant (Khabarovsk) No. 151 from 08/23/2007

Dalsvyaz will return 200 million rubles.