Commercial Court Division telecommunications exchanged with a state which is not a member state of the union. If a telecommunications originating in the territory of such a member state is accepted by a member state, it must be transmitted and in so far as its follows the telecommunications channels of a member state, the obligatory provision of this constitution, of the convention and of the Administrative, Regulations and usual charges shall apply to it …” Court’s attention was further drawn to Article 9 of the International Telecommunication Regulations (hereinafter referred to as “ITU Regulations” - Exh. D.28) which allow member states to allow special arrangements and provides “… subject to national laws, member states may allow administrative or other organisations or persons to enter into such special mutual arrangements with members, administrations or other organisations or persons that are allowed in another country for the establishment, operation and use of special telecommunications networks, systems and services, in order to meet specialised international telecommunications needs within and / or between the territories of the members concerned and including, as necessary, those financial, technical or operating conditions to be observed …” Counsel for UTL submitted that Article 51 of the ITU Constitution and Regulation 9 of the ITU Regulations allowed telecommunications into and out of Southern Sudan through operators in Uganda and there is no evidence that this arrangement was objected to by the Government of Sudan. The only caveat was the compliance with local laws. As to the provisions of the UCA, Counsel for UTL submitted that Section 11 of The UCA that requires that guidelines issued by the Minister to UCC shall be published by HCT - 00 - CC - CS- 297- 2008 /10

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