The Dispute Between Mobitel & Sudatel - Sudan

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07-26-2007, 08:41 AM

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The Dispute Between Mobitel & Sudatel - Sudan

    Date: Fri, 22 Jul 2005 10:25:22 -0700 (PDT)
    From: "ismat hagelamin" Add to Address Book Add Mobile Alert

    Subject: The Dispute Between Mobitel & Sudatel - Sudan
    To: [email protected]

    Dear Sir,

    Pursuant to the above mentioned subject, I'd like to clarify that I've submitted a letter to the General Manager of Mobitel on last Sunday offering to put my significant experience in the subject matter under his disposal in a business manner. Up to this moment I didn't receive any thing from his side. Although he is free to do what he pleases, but from my point of view the dispute and the subsequent procedure taken by Sudatel by adding the disputed amount i.e. $125M to it 'll affect Mobitel's activities. Came to know that an Arbitration Panel is formed in Dubai to determine in the dispute. In my view the dispute could be solved in Sudan by producing strong legal arguements that 'll lead to rebut Sudatel's claim.

    Any how if your Company is interested in seeking a proper consultation from my part, it 'd be my pleasure. I'm confident that Sudatel is not in a position to claim its entitlement to the license and I've sufficient legal grounds to say that.

    Enclosed find herewith attached my CV. & other testimonials for your information.

    I hope to hearing your comment.

    Tks & Best Regards
    Ismat Abdel Gadir - LL.B
    Mobile: + 249 9 126 40114









    Date: Mon, 25 Jul 2005 02:15:39 -0700 (PDT)
    From: "ismat hagelamin" Add to Address Book Add Mobile Alert

    Subject: The Dispute Between Mobitel & Sudatel - Sudan
    To: [email protected]

    In furtherance to my e-mail of 22, July 2005 concerning the above mentioned subject, I'd like to state hereunder the following legal points:

    - The Sudan Telecommunication Act 2001 has repealed the Telecommunication Act 1974 & the National Telecommunication Council Act 1994.
    - By Section 3 of 2001 Act all persons licensed to install and operate a public or private telecommunication network should adapt their positions according to the provisions of the Act in a period not exceeding three months from the date of signature of the Act.
    - By Section 5 the provisions of the Act shall supersede the provisions of any other law in case of contradiction between them to the extent that eliminates such contradiction.
    - The Act has formed a public corporation known as " The National Telecommunication Corporation to promote and regulate the telecommunication sector so as to conform to development and globalization.
    - In determining the objective of issuing the Telecommunication Act of 2001 regard should be had to the Legislator's intention as provided for by Section 6/1 of the Interpretation of Laws and General Clauses Act of 1974. It's obvious that the Legislator's intention is liberalization of telecom sector by encouraging free competition and setting aside monopoly.
    - It's a well known rule of law that any agreement contradicting the express provisions of a certain Act shall be considered null and void and has no legal effect.

    To my knowledge the dispute concentrates on two issues: (i) the license (ii) interconnection arrangements.

    I'm very much astonished that how Mobitel's legal counsels failed to obtain a judgment in its favour in the first instance before The Khartoum Commercial Court.

    If you 're interested in further diagnosis of how to solve the current dispute, please feel free to contact me via e-mail.

    Tks & Regards
    Ismat Abdel Gadir - LL.B
    Mobile: +249 9 126 40114


    Date: Mon, 25 Jul 2005 06:53:58 -0700 (PDT)
    From: "ismat hagelamin" Add to Address Book Add Mobile Alert

    Subject: RE: The Dispute Between Mobitel & Sudatel - Sudan
    To: "Martin Pieter de Koning"

    Dear Mr. de Koning

    I'm a lawyer. I do not represent any of the parties mentioned above. I've gained signifiant know - how in telecom both the technical and the legal aspects of the art. I didn't offer any consultancy service to Celtel, but to my knowledge Celtel, or let me be more specific, is the second shareholder in Mobitel and I believe that non adherance to the governing regulations in telecom sector 'll lead to a disaster. On the other side in my view recruitment in Mobitel, particularly in the Legal Dept., is subject to political orientation of candidates a matter that results in recruiting unqualified personnels.

    Enclosed find herewith attached my CV. and other testimonials that reflect part of my experience and capabilities for your information for better evaluation from your part.

    Tks & Regards
    Ismat Abdel Gadir Hagel Amin - LL.B
    Mobile: +249 9 126 40114









    Date: Tue, 26 Jul 2005 03:47:14 -0700 (PDT)
    From: "ismat hagelamin" Add to Address Book Add Mobile Alert

    Subject: RE: The Dispute Between Mobitel & Sudatel - Sudan
    To: "Martin Pieter de Koning"

    Dear Mr. de Koning

    Pls be advised that my answer to your question regarding offering consultancy services to your esteemed Company was inaccurate. I was so tired when answering and didn't concentrate. In fact I meant to offer my consultation to your esteemed Company in a business manner as an independent lawyer with the view to assist in overcoming the obstacles that facing your esteemed Company. From the press campgain in Sudan I came to conclude that unless a foreign investor feels that his interest is observed it 'll be a disaster for the national economy.

    Although I didn't yet examine the Articles of Association of Mobitel. As I'm aware the lawyer who has drafted it ( in my view he is from Sudatel's part) was acted for the interest of Sudatel. I know their practices. My advice to your esteemed Company is to examine carefully the Articles and make the necessary amendments. I've a lot to say should you require my consultation.

    Tks & Regards
    Ismat Abdel Gadir Hagel Amin - LL.B
    Khartoum - Sudan
    Mobile: + 249 9 126 40114

    Martin Pieter de Koning wrote:
    Dear Mr Hagelamin,
    Could you advise me on your profession? Are you a lawyer or do you represent any of the parties you mention in your mail? Are you offering consultancy services to Celtel and, if so, in what capacity? Could you provide us with your background and or CV?
    Thank you!
    Regards,

    Martin de Koning
    Corporate Communications Director
    Celtel International B.V.
    Scorpius 112 - 126
    2132 LR Hoofddorp
    The Netherlands
    phone: +31 23 554 2671
    fax: + 31 23 554 2399
    e-mail: [email protected]
    www.celtel.com

    From: ismat hagelamin [mailto:[email protected]]
    Sent: 25 July 2005 11:32
    To: Martin Pieter de Koning
    Subject: The Dispute Between Mobitel & Sudatel - Sudan

    In furtherance to my e-mail of 22, July 2005 concerning the above mentioned subject, I'd like to state hereunder the following legal points:
    - The Sudan Telecommunication Act 2001 has repealed the Telecommunication Act 1974 & the National Telecommunication Council Act 1994.
    - By Section 3 of 2001 Act all persons licensed to install and operate a public or private telecommunication network should adapt their positions according to the provisions of the Act in a period not exceeding three months from the date of signature of the Act.
    - By Section 5 the provisions of the Act shall supersede the provisions of any other law in case of contradiction between them to the extent that eliminates such contradiction.
    - The Act has formed a public corporation known as " The National Telecommunication Corporation to promote and regulate the telecommunication sector so as to conform to development and globalization.
    - In determining the objective of issuing the Telecommunication Act of 2001 regard must be had to the Legislator's intention as provided for by Section 6/1 of the Interpretation of Laws and General Clauses Act of 1974. It's obvious that the Legislator's intention is liberalization of telecom sector by encouraging free competition and setting aside monopoly.
    - It's a well known rule of law that any agreement contradicting the express provisions of a certain Act shall be considered null and void and has no legal effect.
    To my knowledge the dispute concentrates on two issues: (i) the license (ii) interconnection arrangements.
    I'm very much astonished that Mobitel's legal counsels failed to obtain a judgment in its favour in the first instance before The Khartoum Commercial Court.
    If you 're interested in further diagnosis of how to solve the current dispute, please feel free to contact me via e-mail.
    Tks & Regards
    Ismat Abdel Gadir - LL.B
    Mobile: +249 9 126 40114



    Date: Wed, 27 Jul 2005 04:11:16 -0700 (PDT)
    From: "ismat hagelamin" Add to Address Book Add Mobile Alert

    Subject: The Dispute Between Mobitel & Sudatel - Sudan
    To: [email protected]

    Dear Mr. de Koning

    In a press declaration on last Monday Sudatel's Legal Counsel Mr. Mohd. Elgasim Mustafa stated that the Memorandum of Association of Mobitel provides that the license for the mobile line belongs to Sudatel. He added that Mobitel is therefore a mere operator and has no right in the license and the license was given to it by Sudatel before the establishment of the National Telecommunication Corporation. He clarified also that according to Mobitel's Legal Counsel Dr. Ahmed Almufti advice Sudatel deserves the license.

    In my view there is no legal room for his declaration in that any agreement violating the law has no legal effect and on the other side Sudatel is not a regulatory body to grant a license. It's to be noted that since the enactment of the Telecommunication Act of 2001 and the establishment of the NTC as a regulatory body the NTC is the sole regulator in telecom sector. The Act and its By-law gave it the authority to grant the license to operators who meet the requirements laid down by it.

    Tks & Regards
    Ismat Abdel Gadir – LL.B
    Mobile: +249 9 126 40114



    Date: Thu, 4 Aug 2005 06:14:07 -0700 (PDT)
    From: "ismat hagelamin" Add to Address Book Add Mobile Alert

    Subject: The Dispute Between Mobitel & Sudatel Sudan
    To: [email protected]

    Dear Mr. de Koning
    Hi

    I'd like to draw your attention to the fact that choosing the way of Arbitration in Dubai for solving the dispute between Mobitel & Sudatel has legal complications. It should be noted that Arbitration is provided for as a mechanism of solving any dispute that 'll arise between the two parties and the place of Arbitration and the rules that govern the Arbitration Process. You should also bear in mind that in order to apply the Arbitration's Award in Sudan it 'd be subject to the jurisdiction of Sudanese Courts according to the relevant Sections that governing Arbitration included in the Civil Procedure Act of 1983 (Sections 139 - 155).

    In my view Mobitel has a chance to bring an action v. Sudatel in another cause of action and may succeed in obtaining a judgment in its favour.

    I hope to hearing your comment.

    Tks & Regards
    Ismat Abdel Gadir - LL.B
    Mobile: +249 9 126 40114



    Date: Thu, 11 Aug 2005 04:41:30 -0700 (PDT)
    From: "ismat hagelamin" Add to Address Book Add Mobile Alert

    Subject: The Dispute Between Mobitel & Sudatel - Sudan
    To: [email protected]

    Dear Mr. de Koning
    Hi

    Further to my below mail of Aug.4 2005 I'd like to add that Sudan is not a party to the New York Convention of 1958 regarding Recognition and Enforcement of Arbitral Awards, nor UAE.
    As regards the UNCITRAL I came to know from Sudatel's Legal Counsel Mr. Mohd Elgassim (who is well known to me) that the Arbitration Agreement was not signed between the disputed shareholders. He has no knowledge that I ' ve initiated contact with your esteemed Company, but I'm desirous to acertain whether or not there's an existing Arbitration Agreement referring the jurisdiction to the UNCITRAL Rules.

    Tks & Regards
    Ismat Abdel Gadir - LL.B
    Khartoum - Sudan
    Mobile: +249 126 40114



    Date: Thu, 4 Aug 2005 06:14:07 -0700 (PDT)
    From: "ismat hagelamin" Add to Address Book
    Subject: The Dispute Between Mobitel & Sudatel Sudan
    To: [email protected]

    Dear Mr. de Koning
    Hi

    I'd like to draw your attention to the fact that choosing the way of Arbitration in Dubai for solving the dispute between Mobitel & Sudatel has legal complications. It should be noted that Arbitration is provided for as a mechanism of solving any dispute that 'll arise between the two parties and the place of Arbitration and the rules that govern the Arbitration Process. You should also bear in mind that in order to apply the Arbitration's Award in Sudan it 'd be subject to the jurisdiction of Sudanese Courts according to the relevant Sections that governing Arbitration included in the Civil Procedure Act of 1983 (Sections 139 - 155).

    In my view Mobitel has a chance to bring an action v. Sudatel in another cause of action and may succeed in obtaining a judgment in its favour.

    I hope to hearing your comment.

    Tks & Regards
    Ismat Abdel Gadir - LL.B
    Mobile: +249 9 126 40114
    _

    Date: Sat, 13 Aug 2005 09:32:10 -0700 (PDT)
    From: "ismat hagelamin" Add to Address Book Add Mobile Alert

    Subject: The Dispute Between Mobitel & Sudatel - Sudan
    To: [email protected]

    Dear Mr. de Koning
    Hi

    In my view the current issue is that the competent Minister, in accordance with the Telecommunication Act of 2001, has repealed the NTCDirector General's Resolution that confirmed Mobitel entitlement to the lisence of operating a mobile line. The Minister's decision is subject to judicial review should it violate the law. I believe that his decision violates the law in that it was relied on the Minister of Justice's 'Fatwa'. It's well known that the Minister of Justice is the Legal Counsel for the Government's entities in the civil matters and his 'Fatwa' binds these entities and not private entities. So let us be more practical by contesting the Minister's decision before the competent Court and I assure you that his decision ' ll be abolished. It's to be noted that the suit 'll be brought by Mobitel not by MTC because Mobitel has a separate legal entity so it has a right to sue and being sued.

    I hope to hearing your comment.

    Tks & Regards
    Ismat Abdel Gadir - LL.B
    Mobile: +249 9 126 40114
    Phone(Res): +249 187 461954


    Date: Sat, 13 Aug 2005 10:15:58 -0700 (PDT)
    From: "ismat hagelamin" Add to Address Book Add Mobile Alert

    Subject: The Dispute Between Mobitel & Sudatel - Sudan
    To: [email protected]

    Dear Mr. de Koning
    Hi

    In furtherance to my mail of today I forgot to mention that in order to contest the Minister's decision you have sixty days from the decision's date or from the date of being acquanted of it to submit your appeal, but before doing so you should send a notice to the Minister of Justice or his representative of your intention in accordance with Section 33(4) of the Civil Procedure Act 1983. So Mobitel Should not hesitate to take this step before the expiry of the sixty days.

    Tks & Regards
    Ismat Abdel Gadir - LL.B
    Mobile:+249 9 126 40114



    Date: Tue, 16 Aug 2005 11:11:13 -0700 (PDT)
    From: "ismat hagelamin" Add to Address Book Add Mobile Alert

    Subject: The Dispute Between Mobitel & Sudatel - Sudan
    To: [email protected]

    Dear Mr. de Koning
    Hi

    Having not received any comment from your side pertaining to my previous mails in lieu of the above mentioned subject, it seems to me that you or your esteemed Company 're unwilling to welcome my intervention in this matter. May be you ' ve your own lawyer in Sudan. If it's so pls notify me in order not to contact you any more. In the event of non-receipt of a reply from you within 48 hours I shall consider this file closed.

    Tks & Regards
    Ismat Abdel Gadir - LL.B
    Mobile:+249 9 126 40114



    Subject: Mobitel
    Date: Tue, 23 Aug 2005 10:54:49 +0200
    From: "Frederic Pichon"
    To: [email protected]
    ]
    Dear Mr. Abdel Gadir,
    Thank you for your emails to Marten de Koning (below). Celtel already has a lawyer in Sudan : Tigani El Karib. The information you sent us is of interest, unfortunately, we don’t have control of the Mobitel Board, and therefore cannot push Mobitel to take any action against the decision of the Minister, which repealed the NTC’s Director General’s Resolution, confirming Mobitel’s entitlement to the mobile licence.
    Best regards,
    Frederic PICHON
    Legal Counsel
    CELTEL INTERNATIONAL B.V.
    Scorpius 112-126
    2132 LR Hoofddorp
    The Netherlands
    tel: +31 23 554 26 30
    fax: +31 23 554 23 99
    mob:+31 612 970 405
    [email protected]
    www.celtel.com

    From: ismat hagelamin [mailto:[email protected]]
    Sent: 13 August 2005 18:32
    To: Martin Pieter de Koning
    Subject: The Dispute Between Mobitel & Sudatel - Sudan
    Dear Mr. de Koning
    Hi
    In my view the current issue is that the competent Minister, in accordance with the Telecommunication Act of 2001, has repealed the NTCDirector General's Resolution that confirmed Mobitel entitlement to the lisence of operating a mobile line. The Minister's decision is subject to judicial review should it violate the law. I believe that his decision violates the law in that it was relied on the Minister of Justice's 'Fatwa'. It's well known that the Minister of Justice is the Legal Counsel for the Government's entities in the civil matters and his 'Fatwa' binds these entities and not private entities. So let us be more practical by contesting the Minister's decision before the competent Court and I assure you that his decision ' ll be abolished. It's to be noted that the suit 'll be brought by Mobitel not by MTC because Mobitel has a separate legal entity so it has a right to sue and being sued.
    I hope to hearing your comment.
    Tks & Regards
    Ismat Abdel Gadir - LL.B
    Mobile: +249 9 126 40114
    Phone(Res): +249 187 461954

    Date: Tue, 30 Aug 2005 05:01:56 -0700 (PDT)
    From: "ismat hagelamin" Add to Address Book Add Mobile Alert

    Subject: Re: Mobitel
    To: "Frederic Pichon"

    Strictly Confidential

    Mr. Frederic Pichon
    Legal Counsel
    Celtel International B.V.

    Dear Mr. Pichon

    Further to your below mail, I'd like to state that I disagree with your opinion as to the matter of control of the Mobitel's Board. As you may recall I've interferred in this matter and contacted your esteemed Company without being realized whether or not you have a lawyer in Sudan. I've my reasons to do so and conveyed the same to Mr. de Koning.

    I believe that MTC could be able to push the other shareholder (Sudatel) to bring an action versus the competent Minister's Decision. It's a matter of Company Law. In this context I've consulted my previous poss: Advocate Tawfeg Abdel Mageed and we reached the same conclution. For your information Mr. T A Mageed is the best lawyer in Sudan. He obtained an LL.M degree from Queens University Belfast in Commercial Law with special reference to Copmany Law. He is an advisor for the Registrar of Companies in all matters pertaining to Company Law. He was an ex Supreme Court Judge.

    In view of the above mentioned I recommend Mr. T A Mageed to handle your case as he has thorough knowledge in Company Law and other laws and I' ll be his assistant, or otherwise to handle the case jointly with your lawyer Mr. Tigani El Karib if he accepts. I've heard about El Karib and I do respect him and I know his capability, but in my view Mr. Mageed is the best in that most judges take in to their account his significant experience.

    Enclosed find herewith attached T A Mageed's profile.

    I hope to hearing your comment.

    Tks & Kind Regards
    Ismat Abdel Gadir - LL.B
    Khartoum - Sudan
    Mobile:+249 9 126 40114

    Disclaimer

    This communication is intended for the above named person and is confidential and / or legally privileged. This email and any files transmitted with it are confidential and
    intended solely for the use of the individual or entity to whom they are
    addressed. If you have received this email in error, please delete it
    immediately. Unless you are the intended recipient, you may not use
    disclose, copy or distribute this email or any attachments.


    Frederic Pichon wrote:
    Dear Mr. Abdel Gadir,

    Thank you for your emails to Marten de Koning (below). Celtel already has a lawyer in Sudan : Tigani El Karib. The information you sent us is of interest, unfortunately, we don’t have control of the Mobitel Board, and therefore cannot push Mobitel to take any action against the decision of the Minister, which repealed the NTC’s Director General’s Resolution, confirming Mobitel’s entitlement to the mobile licence.
    Best regards,
    Frederic PICHON
    Legal Counsel
    CELTEL INTERNATIONAL B.V.
    Scorpius 112-126
    2132 LR Hoofddorp
    The Netherlands
    tel: +31 23 554 26 30
    fax: +31 23 554 23 99
    mob:+31 612 970 405
    [email protected]
    www.celtel.com

    From: ismat hagelamin
    To: [email protected]
    Sent: Thursday, December 15, 2005 5:17:45 PM
    Subject: Proposal for Solving the Dispute Between Sudatel & MTC
    Dear Mr. Pichon
    Legal Counsel
    Celtel Co.- Holland

    MTC has faced a hostile situation by its other shareholder in Mobitel. Despite the aforesaid MTC may enforce its shareholder Sudatel to observe the interest of Mobitel. One of the pressures is found in the Companies Act 1925 which requires a minimum of two persons to form a private limited liability company. By Section 94(9) of the Companies Act 1925 no shares in any company shall be allotted to a non- Sudanese without the previous written consent of the Minister of Justice, and any allotment of shares made without obtaining such consent shall be void.

    By Section 155 of the Companies Act 1925 a company may be wound up by the Court:
    (d) if the number of members is reduced, in the case of a private company below two, or, in the case of any other company, below seven.

    It's noteworthy that neither Sudatel nor MTC 're willing to cause Mobitel go on winding up. Hence just a mere threat to the other shareholder (Sudatel) 'll make it respects MTC's rights for the interest of both parties. Should you require additional consultation on this matter please feel free to ask, but in a business manner as there 're statutory protections contained in the Company Law for minority shareholder.

    I hope that your company 'd be able to overcome the obstacles made by Sudatel.

    Tks & Kind Regards
    Ismat Abdel Gadir Hagel Amin - LL.B
    Khartoum - Sudan
    Mobile:+249 9 126 40114


    From: Ismat Hagel Amin
    Date: Jan 4, 2006 5:00 PM
    Subject: Congratulation
    To: [email protected]
    Dear Mr. Adel

    It's my pleasure to hearing that the dispute between your esteemed Company and your other shareholder in Mobitel is about to reach its end. Came to know that Sudatel, at the end, accepted your esteemed Company's offer to buy its shareholding in Mobitel. As a statutory requirement the private company, as in the case of Mobitel, is consisted of at least two shareholders. In this case the new shareholder should be an entity or person other than MTC. As I'm aware you have other subsidiaries which any of it may replace Sudatel.

    As you may recall I've intervened in your dispute with Sudatel without being invited to do so. I had my reasons and stated them to you before. I was not running after obtaining benefits rather than looking to the matter from different angle. I believe that Sudatel was not justified in using its majority in the Mobitel's Board and did an oppression act to the detriment of the entity.

    I'm confident that your esteemed Company 'll introduce new technologies and do its utmost endeavours to develop Mobitel for the interest of its subscribers. In this context I'm pleased to show you an abstract of Policy & Regulatory Issues of Interconnection drafted by me as shown below.

    Tks & Kind Regards
    Ismat Abdel Gadir Hagel Amin - LL.B
    Khartoum - Sudan
    Mobile:+249 126 40114

    Policy & Regulatory Issues of Interconnection

    Interconnection of telecommunications networks has been important for a century, but never more than today. Within the liberalization of telecom markets, effective interconnection arrangements 've become key to the operations services. Competition is the key to the growth and innovation of today's telecommunications markets. In this context the ITU,WTO and other international organizations 're consider interconnection to be the most important issue towards the competitive telecommunications markets.

    Definitions:
    The following terms shall 've the following meanings:
    1.Interconnection : A transmission link connecting a point of connection to the public telecommunications network to a switch of another public telecommunications network.
    2.Interconnection switch : The first switch of the public telecommunications network which receives and conveys the telecommunications traffic at the interconnection point.
    3.Interoperability of terminal equipment : The ability of such equipment to function on the one hand with the network and, on the other hand, with other terminal equipment giving access to a common service.
    4.Number portability : The possibility for a user to use the same subscription number independently of the operator with whom it has subscribed and even if the user changes operators.

    General Provisions :
    The interconnection between various public telecommunications networks shall be the subject of a contract between the operators concerned, specifying the technical, financial and administrative conditions. Such contract shall be freely negotiated between the parties in accordance with their respective license conditions and the provisions of the By-law.
    Interconnection Contracts shall specify all of the technical, administrative and financial specifications of interconnection. Such clauses shall give rise to appendices which shall form an integral part of the contract, and which shall specify at least the following:

    1.Technical Aspects:
    * conditions of access to the various available services, interconnection switches and line capacity;
    * conditions of sharing the facilities related to the physical connection of networks;
    * measures taken to implement equal access of users to the various networks and services, format equivalence and number portability;
    * the complete description of the interconnection interface;
    * acceptance procedures for interface functioning and service interoperability, and the certification of data protection measures;
    * the designation of the interconnection points, their localization, their characteristics, as well as:
    - the description of the physical means of interconnection at the site;
    - tariff information to be provided at the interconnection interface;
    * methods of traffic routing and planning as well as the capacities at interconnection points, and in particular:
    - principles of inter-network call routing;
    - rules of control and testing of interconnection capacity;
    - switching, transmission and signaling test plans;
    - conditions of commissioning of services: methodology of traffic forecasting and of establishing of interconnection interfaces, procedure of identification of termination points of leased lines, availability lead-times;
    - the quality of the provided services: availability, security, effectiveness, synchronization;
    - procedure for error detection and recovery;
    - methods of reciprocal dimensioning of interface equipment and common bodies in each network in order to maintain the quality of service provided for by the interconnection contract;
    - information that the parties shall communicate regarding the configuration of their respective networks and the equipment and the standards used at the interconnection points in order to facilitate, accelerate and plan their interconnection requests;
    - technical measurements necessary to implement additional services;
    - projections primarily to extensions and possible elimination of interconnection points, networks evolution, and the improvement of the quality of services;
    - the schedule of the meeting between the two parties in which all of the technical specifications envisaged above and/or the changes potentially necessary to the improvement of the interconnection operation shall be examined in detail for each interconnection point.

    2. Administrative Aspects :
    * procedure to be applied when one of the parties proposes an evolution of the interconnection offer;
    * relevant intellectual and industrials rights;
    * duration and conditions of re-negotiation of the contract.

    3. Financial Aspects :
    * the commercial and financial terms, and in particular, invoicing and collection procedures and terms of payments;
    * indemnification and limits of liability between operators.

    It's noteworthy that the above mentioned abstracts form part of a proposed By-law relating to interconnection drafted by me. In fact I intend to present it to the NTC in an attempt to suggest solutions due to the changes that 've occurred since the enactment of The Telecommunication Act of 2001 and its By-law. New operators 're sanctioned licenses to install and operate public telecommunication networks and I thought it's necessary to issue a new By-law relevant to interconnection that comply with the current changes.

    Came to know that The NTC has seek the assistance of the ITU in drafting a new By-law governing interconnection. In my view all operators should participate together with The NTC by producing their suggestions and remarks. MTC (Mobitel) may use my proposal as its own document, if it's interested, and I'm ready to discuss the matter with it.

                  


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