b) International Roaming Agreement between Emirates Integrated Telecommunications Company (AREDU)-ETKL signed on 28th July and 8th August 2009 respectively; c) Call Duration Records (CDR) from ACL; d) List of TAP files from AREDU submitted by ETKL; and e) Various correspondence exchanged between the parties. Upon review of the above documents and the submissions made by the parties, the Commission’s findings are as follows: a) The provision of E1 link services fall within the purview of interconnection agreements regulated under Part VII of the Regulations. Consequently, the disconnection of the E1 link by ETKL was in breach of Regulation 45(2) of the said Regulations; b) The parties did not file the interconnection agreement with the Commission in breach of Regulation 48(1) of the Regulations. The first time the Commission had sight of the interconnection agreement was when it compelled the parties to file the same for approval; c) Upon scrutiny of the agreement alongside the interconnection regulatory framework, it has been noted that the agreement is fraught with fundamental inconsistencies which need to be rectified; d) In view of the four (4) hour air travel time between Kenya and Dubai, it is not practically possible for a subscriber number to be in Dubai making a roaming call 2 hours after it had been cited within the Kenyan network; e) That ordinarily, a number that does not have a roaming profile in its local network cannot make a roaming call in a foreign network; f) That before a roaming number makes a call; the roaming partner’s systems must authenticate and determine the subscriber’s eligibility to make a roaming call. It is therefore not expected that a TAP file from a roaming partner is generated when the subscribers are not allowed to roam as the necessary authentication processes between the roaming partners’ systems would not have permitted this. Indeed, Clause 8.8.1.2 of the International Roaming Agreement attests to this; g) Given that a roaming bill has been generated by AREDU, the presumption is that authentication pursuant to Clause 8.8.1.2 of the International Page 8 of 11