­Poland’s Office of Competition and Consumer Protection, UOKiK has fined Polkomtel US$45 million for allegedly refusing to provide access to hard discs, delayed their inspection operations as well as provided only selected documentation as part of a larger investigation into anti-competitive behavior.

The decision regarding Polkomtel’s obstruction relates to the raid carried out by Uokik in December, 2009, simultaneously at the premises of PTC, Polkomtel, P4, Info TV FM and NFI Manga Polonia. UOKiK undertook the raid as part of an investigation as to whether there was a competition-restricting agreement concerning mobile television services.

During the inspection, it is claimed that Polkomtel and Polska Telefonia Cyfrowa hindered the operations. Therefore, the President of UOKiK instituted proceedings aiming at imposing financial penalties on these companies.

The decision is not final. The undertaking may lodge an appeal to the Court of Competition and Consumer Protection.

PTC, Orange Poland to launch JV in H1

Polish mobile operators, PTC and Orange Poland are planning to launch their network-sharing joint venture in H1 this year.

The operators estimate that they will save US$70.48 million due to the joint deployment of the network. The operators are still awaiting clearance from the national competition regulator UOKiK on the venture.

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Telekomunikacja Polska SA (TPSA) has announced that it has signed a letter of intent with mobile phone rival Polska Telefonia Cyfrowa SA to create a joint venture to manage mobile infrastructure and radio frequencies in Poland.

According to TPSA, the cooperation may allow TPSA to cut costs and capital expenditure by US$231.33 million in 2012-2017.

The companies filed to the Polish antitrust office UOKiK for approval of the joint venture, in which both would hold 50% of shares.

According to TPSA, the companies will continue to own their infrastructure and their current assets wouldn’t be transferred to the joint venture. TPSA and PTC aren’t considering wider cooperation and won’t jointly operate on the retail market.

TPSA is controlled by France Telecom SA. PTC is a unit of Deutsche Telekom AG.

Deutsche Telekom AG has settled a long-running dispute with France’s Vivendi SA and a Polish corporation over the ownership of Polish mobile network PTC, allowing it to take full control of one of the country’s major operators.

According to Deutsche Telekom, it will pay a total of US$1.9 billion to Vivendi and Poland’s Elektrim under the agreement.

The dispute was focused on a 48% stake in Polish mobile network Polska Telefonia Cyfrowa (PTC) on which Deutsche Telekom claimed that it had exercised a call option in 2005. At that point, it already held 49%.

The agreement will help the German company take 100% ownership of PTC. The company is acquiring the final 3% by taking control of two holding companies owned by Vivendi and Elektrim.

According to Deutsche Telekom, Chief Financial Officer Timotheus Hoettges, the absolute legal certainty that is now recognized by all parties is a clear message regarding PTC’s strategic development and paves the way for the future. The company has untangled the knot.

As per Vivendi, it will receive some US$1.65 billion under the agreement and give up any rights to PTC shares. The deal also will allow Elektrim to exit bankruptcy, with all its creditors being repaid. The agreement is subject to the completion of several legal steps in Poland.

Deutsche Telekom stated that PTC is the third-biggest mobile operator in Poland, by far the largest of the once-communist eastern countries that have joined the European Union over recent years. It operates Cellphone services under the Era brand and has a market share of 29%, only just behind competitors PTK Centertel and Polkomtel.

T-Mobile parent Deutsche Telekom and France’s Vivendi are reportedly close to settle the long-running dispute over ownership of Polish operator, Polska Telefonia Cyfrowa (PTC).

According to reports, the rumored deal is likely to see Deutsche Telekom take full control of the firm. Ownership of PTC has been disputed between Deutsche Telekom and a holding company controlled by Polish conglomerate Elektrim and Vivendi.

Deutsche Telekom currently has a 48% stake and it is thought that negotiations concern it acquiring a further 3% to take control of the firm. According to sources, it could be as high as US$1.30 billion. A settlement would bring to an end a legal battle that has lasted almost a decade.

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According to a new report from Pyramid Research, ­LTE is expected to gain 11% of total subscriptions in 2015, while 3G will make up 69% of subscriptions in 2015, boosted by mobile player investment into HSPA+ networks.

Pyramid expects that the Polish market to grow at a CAGR of 1.7% in local currency terms in the forecast period, reaching US$14.7 billion by 2015, making it the second largest in Central and Eastern Europe, after Russia.

According to Sylwia Boguszewska, Analyst for Pyramid, this growth is driven by the proliferation of fixed broadband and related services, stemming from more intense competition, as well as mobile data, bundled with smartphones and computing devices.

As per Boguszewska, the Polish mobile market is almost evenly divided between the three largest MNOs – PTC, Orange, and Polkomtel. In 2009, two MNOs owned by Aero 2, CenterNet, and Mobyland entered the market. In September 2010, these latest entrants announced the launch of a LTE network, which is set to have a commercial debut towards year-end 2010. Aero 2 is also in possession of a LTE license, and a tender for more LTE spectrum is set to take place in 2011.

Pyramid expects that the mobile arm of the incumbent (Orange) will recover its leadership position. The other operators (Aero 2, Mobyland, and CenterNet) will hold a combined market share of 4% by the end of the forecast period, their competitive advantage being their first mover strategy in the LTE space.

Although CenterNet and Mobyland will provide wholesale services, there are already several players, including the leading DTH operator Cyfrowy Polsat, that are interested in reselling 4G Internet services.

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