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Turkcell Roaming Appeal Application Rejected
Published on:
Turkey's Turkcell has announced that the International Court of Arbitration of the International Chamber of Commerce ("ICC") has rejected it's appeals application, stating that the subject is not under the ICC's authority.
During the third quarter of 2001 Turkcell was approached by the GSM network, IsTim to negotiate a national roaming agreement. However, these negotiations did not result in a mutual agreement. Following IsTim's application on October 28, 2001, the Telecommunications Authority ("TA") asked Turkcell and IsTim to reach an agreement by November 15, 2001. As Turkcell believes that the TA is not authorized to intervene in this issue and its proposal is technically impossible to apply and commercially unacceptable, Turkcell obtained an injunction on November 12, 2001 from the Ankara Fourth Court of First Instance and filed a court case at the Ankara Ninth Administrative Court to annul the proposed solution of the TA. Regarding this conflict, Turkcell also initiated a lawsuit before the ICC on November 26, 2001, which has concluded with this final ruling.
However, there is another ongoing court case that was initiated in the ICC, regarding the national roaming issue. On April 8, 2002, Turkcell obtained a precautionary injunction from the Court against the application of the new regulation issued by the TA requiring it to agree on national roaming within 30 days and providing for penalties in case Turkcell did not agree. Furthermore, Turkcell initiated proceedings against the application of the new regulation before the ICC on April 11, 2002, requesting certification of the fact that it is not required to enter into an agreement within 30 days and it is under no obligation to pay any penalties. In addition to the continuing ICC proceedings, Turkcell has also initiated a lawsuit before the Court of Cassation, concerning the annulment of these regulations set by the TA."
Tags: [turkcell] [national roaming] [court of first instance] [icc] [international court of arbitration] [international chamber of commerce]
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