The legal nature of mandates for interconnection of telecommunication networks and OSIPTEL's change of position

Abstract

The regulatory framework for telecommunications gives OSIPTEL [in its capacity as a regulatory body the power to issue interconnection mandates requiring operators to give access to their networks and to allow them to interconnect with other telecommunications networks. According to this regulatory framework, OSIPTEL issues the above-mentioned interconnection mandates in the exercise of its regulatory function. However, does this mean that interconnection mandates are rules? Does the regulatory function that OSIPTEL performs when issuing an interconnection mandate determine the legal nature of this act? In this article, the authors analyze the mentioned figure in the light of the doctrine and jurisprudence of administrative acts and regulations, with particular emphasis on the form of challenges to mandates and the recent change in OSIPTEL’s position with regard to judicial challenges to mandates.