Court of Arbitration Solved Problem of OJSC N.W.Telecom’s Subscribers
OREANDA-NEWS. August 11, 2010. The Federal Court of Arbitration of the Moscow District confirmed illegality of actions taken by the LLC Svyazinform communication operator who had restricted the access of OJSC N.W.Telecom’s subscribers to their number s by dismantling OJSC N.W.Telecom’s equipment situated on the spaces belonging to LLC Svyazinform (see Decision in re Case A40-83730/09 of 29.07.2010 ).
The judicial act that has taken effect has obliged LLC Svyazinform to fulfil the prescription of the Federal Service for Supervision in the Field of Telecommunication, Information Technologies and Mass Communications of Russia (RF Roscomnadzor) issued to it earlier as to restoring the operability of OJSC N.W.Telecom’s transmission system. Otherwise , this operator 's license for providing communication service s might be suspended until the issue of recalling it is resolved through the court.
Starting from June 2008, an extremely adverse situation has existed in Kaliningrad with the possibility of OJSC N.W.Telecom’s subscribers getting through to LLC Svyazinform’s network. As the situation was inadmissible, OJSC N.W.Telecom applied with a complaint against the unlawful actions of LLC Svyazinform to the authorized agency, the Federal Service for Supervision in the Field of Telecommunication and Mass Communications (see Press Release of 01.03.2010 .
As a result of the work of a specially set up commission of RF Roscomnadzor (Order No. 07 of 09.04.2009), it has been established that LLC Svyazinform disconnected without permission OJSC North-West Telecom’s transmission system equipment used for arranging the interstation communication network between the two companies and did not allow OJSC N.W.Telecom to restore its operability, which resulted in mass violations of the rights of subscribers, who became prisoners of the situation and could not get through to the network with the 7хх-ххх number ing.
Having disagreed with the decision of Roscomnadzor’s Commission, LLC Svyazinform filed an application as to recognizing the substandard act as illegal with the Court of Arbitration of Moscow, which on 21st April 2010 also confirmed unlawfulness of LLC Svyazinform’s actions, and on 29th July 2010 the Federal Court of Arbitration of Moscow District dismissed by its resolution LLC Svyazinform’s appeal, thus having confirmed the earlier taken court decisions as to unlawfulness of the actions of the said telecommunication operator.
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