The ANCOM control personnel found that Enigma-System, notified as mobile virtual network operator^[1] (MVNO), provided electronic communications services by means of the numbering resources in the 0Z=07 domain, allotted for mobile telephone services, without having however concluded agreement of access (hosting) to the network of a holder of licences for the use of radio frequencies. In the absence of such agreement, the services this operator provided are not deemed mobile telephone services but electronic communications services at fixed locations and, therefore, Enigma-System should have used the location-independent numbering from the 0ZA=037 range. Non-observance of the usage destination of the numbering resources allotted by the Authority has implications on the establishment of the interconnection rates for call termination, considering that the mobile termination rates are higher than the fixed termination rates. Given that it is providing services by means of the numbering resources in the 0Z=07 domain without having concluded an agreement of access to the network of a mobile operator, the MVNO operator Enigma-System is thus avoiding the costs determined by the building or by the accessing and operation of a mobile telephone network. Nonetheless, the MVNO operator charges interconnection tariffs for the termination of calls at these numbers which are similar to those charged by the mobile network operators and hence obtains undue benefits in relation to the interconnection partners.

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