Third party joins Essar dispute with regulator

Essar further submitted that ACL had no capacity to enter into an inter-connection agreement with them, saying the Internet provider lacked a numbering plan, a point of inter-connection with operators, International Subscriber Digital Network User Part (ISUP), Mobile Application Part (MAP) and roaming.  

Lawyer Njoroge Regeru for Essar argued that CCK made draconian orders and also denied them an opportunity to be heard, thus depriving the mobile firm of its fundamental constitutional rights.

Formal caution

CCK accused Essar of failing to comply with the ruling directing them to re-establish the link and renegotiate the inter-connection agreement to realign it with the commission’s regulatory framework.

The industry regulator said Essar’s disregard for and non-compliance with their directive had forced the commission to enter a formal caution on the mobile phone’s compliance record for 2009 and fined them Sh500,000.

But Essar says by complying with CCK orders, the company would be exposed to colossal and unpredictable financial liabilities resulting from the likely abuse of the re-established link.

Consequently, Essar says the move would also expose its partners in the industry to financial losses by exposing their networks to abuse.