By its decision of September 10 1998, the Norwegian PT has taken a bold step towards the liberalisation and opening up to competion of the mobile telephony market. However, there are doubts as to whether the step is perhaps too bold and is illfounded.

In any event, the case raises several important questions both at the national and EU/EEA level, including: whether operators will be willing to invest in, and/or technically improve, new infrastructure if any operator may demand access; whether any operator being able to sell SIM-cards to customers should have unlimited access to parts of the incumbent’s networks and services, no matter what added value this operator might offer compared to the owner of the infrastructure; and whether such access will necessarily be to the benefit of ordinary customers in terms of quality and price.

Jonas W Myhre
Hjort Law Office DA
Oslo/Brussels