Based on the above interrogation, it is apparent that the suspected scenario
is not technically feasible. The possible by-pass of ETKL network by the
alleged fraudulent calls is not technically feasible considering that all calls
made would first land in the ETKL switches where they would be
authenticated, authorized and then accounted for. It is inconceivable that
the system allowed the alleged fraudulent calls to be made without the
knowledge of ETKL; and
j) The Commission asked ETKL to submit Call Detail Records (CDR) to it
and this was not honoured. Instead ETKL re-submitted TAP files from
AREDU on 6th January 2010 which do not provide an opportunity for
comparison with the CDR presented by ACL. ETKL confirmed during the
hearings that the numbers used to make the alleged fraudulent calls were
not the numbers allocated to ACL by ETKL.
k) In concluding its findings, the Commission has noted with concern that
despite issuing a directive to ETKL on 17th December, 2009, ETKL
disregarded it. This directive was reiterated on 23rd December, 2009 and
regrettably, ETKL did not comply. The Commission takes great exception
to this and will not condone such practice in the industry.
7. RULING
Based on the above findings, it is apparent that ETKL failed to illustrate how
the fraudulent activity was facilitated in its network. In addition, and more
importantly, it failed to attribute the fraudulent activity (if any) directly to ACL
or to a particular system or individual entity except for indirect inference that
once the E1 link to ACL was disconnected, the fraud ceased. The Commission
finds no direct incontrovertible evidence that the alleged fraud was committed
by ACL.
In addition, the Commission finds that ETKL failed to prove on a balance of
probability any culpability on the part of ACL on the alleged fraud.
The Commission hereby rules as follows:
1) That ETKL re-establishes the E1 link with ACL with immediate effect
and inform the Commission of the said re-establishment;
2) That the parties renegotiate the interconnection agreement to re-align it
comprehensively with the existing interconnection regulatory
framework within fourteen (14) days;
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