Commercial Court Division
We did inform you that the traffic from MTN terminated on the number range
+256 477 xxx which was temporarily assigned to Gemtel, would be
international traffic terminating in Southern Sudan and the termination rate
would be US$ 0.50 with effect from June 1, 2006. We are concerned that MTN
has refused to accept this rate although the traffic from MTN and being
terminated on the Gemtel network is growing and also includes international
traffic transiting MTN and terminating on Gemtel via UTL.
We have blocked the traffic as we have failed to come to an understanding on
this matter. We therefore seek to negotiate and agree on this rate as soon as
possible, we therefore propose a meeting on Friday May 25, 2007 at 12:00
noon at our offices at Rwenzori Court …”
It is therefore clear that by 23rd May, 2007, a significant amount of traffic to Southern
Sudan had already commenced. However, it was also clear that there was no mutual
agreement between UTL and MTN how to handle the traffic. Instead there was a lot
of back and forth correspondence on the matter. Nearly two years later, MTN wrote
to UTL on the 29th February, 2008 (Exh. P. 13) and stated
“… the MTN invoices make no reference whatsoever to traffic to
Southern Sudan as the current interconnect agreement with UTL has no
provision for this route. It has always been the position of MTN Uganda
that all traffic terminating on the UTL network code +256 47 xxx is local
traffic and this has not changed. All reconciliations in our invoices are
based on this position which is consistent with the interconnect
agreement …”
HCT - 00 - CC - CS- 297- 2008
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