PTS decisions

The decisions of PTS and court rulings establish general practice in the area; these help clarify legislation, ordinances, regulations, etc.

SMP decisions

PTS makes decisions in order to determine which operators have significant market power in a certain delimited market. These decisions are also known as SMP decisions. SMP is an abbreviation of 'significant market power'.

PTS also makes decisions concerning which obligations apply to operators with significant power in the determined markets.

These decisions are intended to establish effective competition in the determined market. The European Commission determines the different markets.

Supervision

PTS also exercises supervision to ensure compliance with legislation and decisions concerning obligations and requirements, in addition to regulations issued under law.

If there is reason to suspect that an operator is not complying with these rules, PTS may inform the operator of the circumstance.

If the notification does not lead to rectification, PTS may issue such orders and prohibitions that are necessary to ensure that such rectification takes place.

Supervision may take place on the initiative of PTS and result in decisions that are generally applicable.

Dispute resolution

If there is a dispute between operators, this dispute may be referred to PTS for a decision to resolve it.

A decision issued by PTS to resolve a dispute can only regulate the terms between the parties in the specific dispute, and only the parties to the dispute are to be directly encompassed by a decision issued by PTS to resolve the dispute.

In some cases, PTS may transfer the dispute for mediation.

Appeals

Appeals against PTS's decisions can be made to the County Administrative Court.

Appeals against the rulings of the County Administrative Court can be made to the Administrative Court of Appeal.

Owing to a statutory amendment, the Administrative Court of Appeal is from and including 1 January 2008 the last instance for the determination of cases under the Electronic Communications Act.

However, the new rules do not apply to rulings by the Administrative Court of Appeal made prior to 1 January 2008. Such decisions may still be considered by the Supreme Administrative Court following appeal.