Commercial Court Division
telecommunications exchanged with a state which is not a member
state of the union. If a telecommunications originating in the territory
of such a member state is accepted by a member state, it must be
transmitted and in so far as its follows the telecommunications channels
of a member state, the obligatory provision of this constitution, of the
convention and of the Administrative, Regulations and usual charges
shall apply to it …”
Court’s
attention
was
further
drawn
to
Article
9
of
the
International
Telecommunication Regulations (hereinafter referred to as “ITU Regulations” - Exh.
D.28) which allow member states to allow special arrangements and provides
“… subject to national laws, member states may allow administrative or
other organisations or persons to enter into such special mutual
arrangements with members, administrations or other organisations or
persons that are allowed in another country for the establishment,
operation and use of special telecommunications networks, systems and
services, in order to meet specialised international telecommunications
needs within and / or between the territories of the members concerned
and including, as necessary, those financial, technical or operating
conditions to be observed …”
Counsel for UTL submitted that Article 51 of the ITU Constitution and Regulation 9 of
the ITU Regulations allowed telecommunications into and out of Southern Sudan
through operators in Uganda and there is no evidence that this arrangement was
objected to by the Government of Sudan. The only caveat was the compliance with
local laws.
As to the provisions of the UCA, Counsel for UTL submitted that Section 11 of The
UCA that requires that guidelines issued by the Minister to UCC shall be published by
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