COMMUNICATIONS COMMISSION OF KENYA DISPUTE BETWEEN ESSAR TELECOM KENYA LIMITED AND AIR TOUCH CONNECTIONS LIMITED INTERCONNECTION DETERMINATION NO.1 OF 2010 __________________________________________________________________ 1. INTRODUCTION This Determination is made under the Kenya Communications Act, 1998 and as amended (hereinafter referred to as the Act) and the Kenya Communications Regulations, 2001 (hereinafter referred to as the Regulations). This Determination shall be known as the Determination No.1 of 2010 on the Disconnection of E1 link number 0751362050 allocated to Airtouch Connections Limited by Essar Telecom Kenya Limited. 2. BACKGROUND INFORMATION 2.1. Essar Telecom Kenya Limited (ETKL) is licensed by the Commission as a Network Service Provider (NFP), Applications Service Provider (ASP) and Content Service Provider (CSP). 2.2. Airtouch Connections Limited (ACL) is licensed by the Commission as an Internet Service Provider (ISP). 2.3. ETKL and ACL entered into an Agreement on 15th October 2009 that allowed ACL to exchange traffic with ETKL. The business model would allow customers registered with ACL to make international calls using an E1 link provided by ETKL. The value proposition in the model was that it would generate an additional subscriber base and traffic for ETKL while generating some cash flows to ACL. Page 1 of 11