Etisalat Nigeria, has denied some
reports making round which claimed that the telco filed multiple suits against
the Nigerian Communications Commission (NCC) and MTN Nigeria, reports ITRealms.
In an official press statement made
available to ITRealms, Etisalat said, “Our
attention has been drawn to misleading insinuations making the rounds in the
media that Etisalat Nigeria has filed multiple suits against the Nigerian
Communications Commission, NCC and MTN Nigeria. The insinuations have arisen
largely from a press statement reportedly issued by MTN Nigeria and
published by some print organisations and online media platforms under
the headline, “MTN confirms legal fireworks with Etisalat over Visafone.”
Also, Etisalat Nigeria said, its compelled to set
the facts straight on the intent and status of the legal action it
instituted against the Nigerian Communications Commission (NCC) and MTN Nigeria
in July 2015, due to the misrepresentation of facts about the case as contained
in some print and online media reports of Wednesday 9, February 2016.
“Etisalat wishes to state
categorically that at no time were multiple
suits filed either against the NCC or MTN on the same matter as
insinuated. Etisalat wishes to affirm that the current litigation against
MTN Nigeria and Visafone is on a completely different issue. It is germane
to state for clarity that the current litigation is not pricing or tariff
related. The suit under reference was instituted by Etisalat Nigeria
against MTN Nigeria and Visafone Ltd to challenge MTN’s use of the
800MHz spectrum following the acquisition of Visafone. It is
therefore materially different in intent from the former action.
“The current action is considered necessary, as it
will entrench the dominance of MTN in the retail data services market. It
would be recalled that MTN Nigeria was declared dominant by the Nigerian
Communications Commission ‘NCC’ in 2013 and remains dominant in the wholesale
leased line and retail voice markets. The use of the 800MHz spectrum to
deploy broadband services ahead of its competitors, particularly those who
prior to MTN’s purchase of Visafone, held similar spectrum bands as MTN, will
further entrench MTN’s dominance in the Nigerian telecommunications sector.
“Sometime in 2015, Etisalat Nigeria’s
attention was drawn to a waiver granted by NCC to
MTN Nigeria to offer a 30% differential between its on-net and
off-net retail tariffs, contrary to the obligation imposed on
MTN Nigeria under the Determination of Dominance.
Etisalat Nigeria thereafter filed an action
against NCC and MTN Nigeria seeking a reversal of the waiver as it
was in contravention of the subsisting obligation imposed on MTN
Nigeria under the Determination of Dominance.
“In response to Etisalat Nigeria’s legal action, NCC filed
processes stating categorically that it had directed MTN Nigeria “to
maintain status quo of the dominant obligation, that is, to revert to
maintaining parity between on-net and off-net tariff charges with immediate
effect”. This was effectively a reversal of the waiver that Etisalat
Nigeria had challenged in that particular suit.
“Consequently, Etisalat Nigeria filed a notice of
discontinuance in the suit and withdrew the action in December
2015, because the objective of the suit had been accomplished. The
latest legal action is therefore materially different in
intent from the former and the recent insinuations are therefore
misleading and unfortunate to say the least,” Etisalat officials posited.
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