On 27 Aug 2010, the Polish regulatory authority, UKE, issued new draft decisions on the regulation of wholesale SMS termination which were subject to public consultation until 27 September 2010. UKE proposed in these draft decisions that the mobile network operators each have significant market power for wholesale SMS termination, and proposed regulatory obligations be imposed on the operators as a result. This decision has been criticised by the European Commission. The Commission has identified a number of points with which it disagrees. In particular, the Commission has questioned why UKE considers a termination rate of 0,05 zloty "justified and appropriate", when the real cost determined by UKE in the draft decision is much lower. The Commission also disputes UKE's proposal to regulate only the five largest mobile operators.
A few months ago France's regulatory authority, ARCEP, also issued its decision to regulate wholesale SMS termination rates down. Moreover, Denmark's ITST has proposed an immediate imposition of a wholesale price-cap on all MNOs (and on MVNOs). A key argument invoked by ITST to refrain from immediately reducing wholesale SMS termination further, is to avoid SMS spam.
Both decisions were criticised by the European Commission under the "Article 7" procedure. The SMS market is notable in that it is not included in the list of 'relevant markets' that the European Commission believes should be examined by national telecoms authorities.