2.4. ETKL therefore established an E1 link and provided a pilot number
0751362050 to ACL to facilitate the transaction. In addition, ACL paid a total
Ksh.650,000 for 1000 SIM cards from ETKL which were supplied.
3. DISCONNECTION OF THE E1 LINK
3.1. ACL lodged a formal complaint against ETKL vide a letter dated 12th
November 2009 to the Commission and copied to ETKL regarding
suspension of their E1 link number 0751362050 on 4th November 2009
without prior notice thereby paralyzing their operations.
3.2. On 13th November 2009, the Commission received a copy of a letter from
ETKL addressed to ACL ostensibly advising ACL that ETKL had proceeded
to disconnect the link issued to ACL in line with the agreement dated 15th
October 2009 and that ETKL had no intention of re-establishing or providing
an alternative link at that time or at all.
3.3. On 18th November 2009, the Commission wrote to ETKL seeking
clarifications on the circumstances surrounding the disconnection of the E1
link.
3.4. On 19th November 2009, ETKL responded to the Commission’s letter dated
18th November 2009 and indicated that between 1st and 4th November 2009
they realized that the line provided under the link had been misused by
generating virtual IMSIS which did not exist in their system. ETKL alleged
that ACL had used the E1 link for fraudulent/criminal activities as a result of
which ETKL had suspended the link on 4th November 2009 pending further
investigations. ETKL further alleged that after suspension of the link,
generation of the virtual IMSIS ceased immediately.
3.5. Upon further review of the matter brought before it by the parties, the
Commission noted that while the dispute emanated from an agreement whose
scope was of an interconnect nature, the agreement had not been filed with the
Commission for approval in accordance with Clause 48(1) of the Regulations.
Consequently, on 11th December 2009, the Commission wrote to ETKL and
ACL directing them to immediately file their interconnection agreement with
the Commission for the necessary approval.
Page 2 of 11