Session 09: Dispute settlement Moroccan case study

Dispute DefinitionLegal Framework Regulatory power to solve the dispute The most frequent disputes Process of solving the disputeCase Studies Plan 2

Definition 3

"Litigation" means a dispute between two or more operators, some challenging others to hold a right to exercise which they claim. 4

Legal Framework 5

Law n° related to post and telecommunications as amended and completed. Law N° related to the general conditions of operating the public telecommunications networks as amended and completed No related to the process followed in matter litigation, competitive practice and economic concentration operation Decree 6

Legal Framework Procedure for approval and publication of the RIO. Cost nomenclature for the fixed and the mobile network. Use of LRIC method for the determination of interconnection tariffs for the fixed network. The WACC used for the evaluation of the terminating costs related to the fixed, mobile and local loop. Designating operators having the significant market power on the specific markets of telecommunications. Related to the composition and working of the Management Committee of ANRT as amended and completed Decisions 7

Interconnection Agreement Private contract freely negotiated between the parties Nature of contract To law and decree in force conformity Conformity to the technical, administrative and financial clauses mentioned in the interconnection decree. Imperative clauses : The contract is communicated to the ANRT The power to review the contract by the ANRT to ensure interoperability and fair competition. Communication and revision of contract 8

Regulatory power to solve the dispute 9

ANRT has the power to settle disputes between operators. This power is provided by the regulatory framework: Law and a decrees and various decisions. Power ANRT has the power to impose sanctions against operators who fail to perform their obligations. Penalties The decision came in a maximum of four months, except in exceptional circumstances Deadlines 10

The most frequent disputes Disputes between operators can intervene in particular following areas: Refuse of interconnection demand,Conclusion of the interconnection contract Conditions of access to the telecommunications network. Tariffs 11

DécisionObjet du litigeNatureTraitement N°12/05 (09/11/2005) RELATIVE AU LITIGE ENTRE ITISSALAT AL MAGHRIB (IAM) ET MEDI TELECOM CONCERNANT LE RETABLISSEMENT INTEGRAL DE LA LIAISON DINTERCONNEXION PERMETTANT LACHEMINEMENT DU TRAFIC INTERNATIONAL ENTRANT A DESTINATION DE MEDI TELECOM, VIA LE RESEAU DIAM. TechniqueComité de Gestion N°11/05 (09/11/2005) RELATIVE AU LITIGE ENTRE MEDI TELECOM ET ITISSALAT AL MAGHRIB (IAM) CONCERNANT LACCES AU CABLE SOUS MARIN SEA-ME-WE 3 TechniqueComité de Gestion N° 07/05 (20/07/2005) RELATIVE AU LITIGE ENTRE MEDI TELECOM ET ITISSALAT AL MAGHRIB (IAM) CONCERNANT LE MODE DE FACTURATION DU TRAFIC DINTERCONNEXION TarifaireComité de Gestion N°06/05 (20/07/2005) RELATIVE AU LITIGE ENTRE IAM ET MEDI TELECOM CONCERNANT LE TARIF DE TERMINAISON MOBILE TarifaireComité de Gestion N°05/05 (20/07/2005) RELATIVE AU LITIGE ENTRE MEDI TELECOM ET ITISSALAT AL MAGHRIB (IAM)CONCERNANT lINTERCONNEXION DIRECTE ENTRE LES COMMUTATEURS MOBILES DE MEDI TELECOM ET DIAM TechniqueComité de Gestion N°04/05 (20/07/2005) RELATIVE AU LITIGE ENTRE MEDI TELECOM ET IAM CONCERNANT LA RENEGOCIATION DU CONTRAT DINTERCONNEXION AdministratifComité de Gestion N°03/05 (01/06/2005) RELATIVE AU LITIGE ENTRE MEDI TELECOM ET ITISSALAT AL MAGHRIB (IAM)CONCERNANT LA COLOCALISATION DANS LES SITES DIAM TechniqueComité de Gestion N°11/04 (27/12/2004) RELATIVE AU LITIGE ENTRE MEDI TELECOM ET IAM CONCERNANT LA REMUNERATION DE LACCES AUX BLOCS PRIMAIRES NUMERIQUES (BPN) MIS A LA DISPOSITION DIAM PAR MEDI TELECOM POUR LACHEMINEMENT DE SON TRAFIC VERS LE RESEAU DE MEDI TELECOM. TarifaireComité de Gestion N°10/04 (27/12/2004) RELATIVE AU LITIGE ENTRE ITISSALAT AL MAGHRIB (IAM) ET MEDI TELECOM PORTANT SUR LA COUPURE DE LA LIAISON PERMETTANT LACHEMINEMENT DU TRAFIC INTERNATIONAL ENTRANT A DESTINATION DE MEDI TELECOM VIA LE RESEAU DIAM. TechniqueComité de Gestion N°09/04 (25/10/2004) RELATIVE AU LITIGE ENTRE IAM ET MEDI TELECOM PORTANT SUR LA COUPURE DE LA LIAISON PERMETTANT LACHEMINEMENT DU TRAFIC INTERNATIONAL ENTRANT A DESTINATION DE MEDI TELECOM VIA LE RESEAU DIAM. TechniqueComité de Gestion (14/07/2004) RELATIVE A LA COUPURE DE LA LIAISON PERMETTANT LACHEMINEMENT DU TRAFIC INTERNATIONAL ENTRANT A DESTINATION DE MEDI TELECOM VIA LE RESEAU DIAM TechniqueComité de Gestion 12

Process of solving the dispute 13

The referral procedure is defined by Decree No related to the process followed in matter litigation, competitive practice and economic concentration operation. 14

Process of solving a dispute Management Committee of ANRT Reconciliation between operators Instruction of the dispute Consideration of the admissibility of the referral 15

Consideration of the admissibility of the referral 16

Content of referral The request for referral to the ANRT and Annexed documents Documents As many copies as parties plus two copies Number of copies Registered letter with acknowledgment of receipt, Introduced at the headquarters of the ANRT Support 17

Content of the referral the facts that are in dispute, the evidence and arguments the conclusions. The referral indicates the quality of the applicant, including: its name, its form, its headquarters, the body that represents the legal quality of the person who signed the referral. The status are attached to the referral and the address to which the applicant wishes to be notified of the proceedings, if this is different from that mentioned in the committal. Indicates also The name and domicile of the defendants. The referral must also specify 18

Admissibility of referral ANRT written notice to the complainant the missing pieces that must be communicated within the time limit. If the referral files is incomplete not become effective until the date of receipt of the documents in question. The period of investigation of the files The request for additional parts do not prejudge the admissibility of the referral. Note that 19

Admissibility of referral if the complainant do not have right to complain to the ANRT or if the facts are not within the scope of powers of the ANRT, Director of ANRT decides its motivated rejection. If the referral is inadmissible The director of the ANRT inform the plaintiff and proceeds to its examination. If the referral complete is admissible 20

Inquiry Procedure 21

Inquiry Procedure A calendar is Schedule in order to precise the date of sending information et holding meeting.. Upon receipt of complete referral Transmitted to the party or the defendants. A copy of the file 22

Inquiry Procedure Working meetings may be held with the parties involved in the referral after approval of the Director of the ANRT. The parties concerned must accept the holding of these meetings. In case of refusal, the concerned parties are deemed to acquiesce to the facts When called upon experts 23

Inquiry Procedure The comments clarifying or supplementing the application is admissible until the close of the Inquiry. They must be in all cases, inseparable from the main argument and dispute. Any new arguments advanced by the parties before the end of the period of instruction may be taken into account by the ANRT. 24

Inquiry Procedure Can not be used by the parties for purposes other than those of litigation. shall not be communicated to other departments, subsidiaries or partners for whom they may provide a competitive advantage. Exchanged Information 25

Inquiry Procedure The director of the ANRT, has the power to order all investigative measures and legally allowable notably: – to request additional information, – Additional pieces, – to require the parties to produce evidence they hold, and – To hear the parties. 26

Inquiry Procedure The director of the ANRT may, at the demand of the parties and if deemed necessary, proceed to the junction of the investigation of several cases. Following their instruction, ANRT may decide by a joint decision.. The director of the ANRT may also proceed to the disjunction of the instruction of a referral in several cases 27

Inquiry Procedure Parties should respond to any request for additional information issued by the ANRT at the instruction and attend meetings organized by the ANRT. The director of the ANRT may order ANRT officers and where appropriate, external experts in order to establish ascertainment in the places. the ascertainment facts conducting to the establishment of minutes. This minutes is signed by the parties who receive a copy for comments. 28

Conciliation 29

Conciliation The Director shall establish a procedure for conciliation and promotes research and the conclusion of an agreement between the parties. After the conciliation procedure, a minutes shall be signed by the parties and ANRT. 30

Conciliation If the parties agree, the director of the ANRT, given the minutes which is an agreement between the parties, took a decision devoting the amicably solution of the dispute. The decision of conciliation is notified to the parties. 31

Decision of the Management Committee 32

Decision of the Management Committee If reconciliation fails, the ANRT resolve the dispute by decision of the management committee. The director of the ANRT send the instruction report containing all the documents and findings to the President of the Management Committee to make a binding decision. The decision of the dispute must be justified. 33

Decision of the Management Committee The director of the ANRT notify the decision to the parties, ensure their publication and implementation. The dispute settlement decisions come into force upon notification. 34

Power penalties 35

Power penalties Article 29 bis of Law No , In application Do not respect the obligations and deadlines for providing information operators of telecommunications networks and providers of telecommunications services, including value-added services, puts them on notice to comply within the time set. director of ANRT 36

Power penalties A person by registered letter with acknowledgment of receipt or by any other means to certify the date of receipt. the formal Notification Director of ANRT pronounced against the network operator or service provider, and at the expense of a reasoned decision of penalty In case of non- compliance with notice 37

Thank you for your attention M. Jamal MEZIANE M. Abdelmounaim EL HAFFAF 38