Telecommunication company, Etisalat has instituted legal proceedings against the Nigerian Communications Commission (NCC) and another telecoms outfit, MTN, before a Federal High Court in Lagos over claims that the leading telecommunication company, MTN, has been given market advantage over it.
At Tuesday’s proceedings, counsel for Etisalat Aanu Ogunro, asked Justice Mohammed Idris with an application seeking the leave of court for the suit to be heard during the ongoing annual vacation.
Ogunro urged the judge to hear the suit claiming that if the decision of the NCC in favour of MTN was not reversed, it posed a threat to the business survival of Etisalat.
After hearing the lawyer, the judge granted the application to hear the suit during vacation and thereafter adjourned till August 3 to take the substantive application.
Etisalat, in the main suit, is seeking a review of a decision said to be recently taken by NCC, allowing 30 per cent differential between MTN’s off-net and on-net retail mobile voice tariffs.
According to Etisalat, with the said 30 percent differential between its off-net and on-net retail mobile voice tariffs, MTN had been able to create what is called a ‘calling club,’ an example of which is its ‘Family and Friends’ promo.
Etisalat is contending that MTN’s ‘Family and Friends’ promo, which offers a call rate of 11 kobo per second to eight MTN subscribers and two non-MTN subscribers, is posing a threat to its business survival.
It explained that the promo, which it claimed was launched in violation of NCC’s regulation, had aided MTN to leverage on its size to restrict outgoing traffic to smaller operators by pricing on-net tariffs lower so as to make off-net calls unattractive.”
Etisalat said that this 30 percent differential in on-net and off-net retail mobile voice tariffs granted MTN by NCC was a breach of NCC’s regulation tagged the Determination of Dominance in Selected Communications Markets in Nigeria.
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