The introduction of the service for mobile number portability postponed again
The whole process will have to start from scratch because of the long judicial proceedings
Ukrainian state centre of radio frequencies (UCRF) has cancelled the bidding for the procurement of services for implementation of portability of numbers when changing mobile operator (MNP) due to protracted litigation between the companies, which participated in the tender for the introduction of the service for number porting.
The decision was adopted on 31 July 2017 at a meeting of the Committee on competitive bidding UCRF, reports UNIAN.
“Our meeting of Committee on competitive bidding due to prolonged uncertainty around the process of implementation of MNP in Ukraine. In April 2016, the UCRF has voluntarily agreed to implement the decision of the Antimonopoly Committee (UCRF canceled the results of the January tender for the introduction of MNP, as required by the decision of the Antimonopoly Committee of Ukraine of 18 March, and following re-tendering at the end of April was selected as the winner IT company es ay Center),” said Executive Director of the UCRF Vadim Gulko.
According to him, in January 2017 UCRF received the court decision on the basis of which the contract was concluded with the company es ay Center.
“A few months, we worked intensively on the implementation of the Treaty for the introduction of MNP was attracted by all mobile operators, colleagues from the state authorities. However, in April the resolution of the Supreme economic court of Ukraine cancelled the resolution in other jurisdictions in terms of agreement with the company es ay Center, and then the decision of the Supreme administrative court of Ukraine has cancelled the previous decisions of the courts, and revoked the decision of the Antimonopoly Committee on the basis that the company es ay Center was recognized as the winner,” said Gulko.
He stressed that the court decision was returned to the UCRF “zero point” in the process of implementing MNP.
“Decisions of higher courts have put us in a difficult situation, and if in fact, returned to the zero point. The law of Ukraine on public procurement no more than a year expired. Today a completely new law on public procurement. In addition, the bidding documents for the implementation of services on the introduction of MNP until 30 June 2016. And besides, according to the norms of the old law we have to sign a contract with the successful bidder within 30 days from the date of acceptance, and given the decision of the higher courts and that acceptance of the Dialink (25th January 2016 IT company Dialink was the winner in the tender for the introduction of MNP) was held in January 2016, again, the deadline has already passed,” said Gulko.
According to the Executive Director, other courts are still a few court cases and one of them is the claim of the company Dialink part of the obligations to conclude an agreement with UCRF.
“We always said that we are ready to perform any lawful judgment. However, unfortunately, this trial has twice been postponed. That is, the prospects to obtain a new decision of the court uncertain,” said he.
Gulko noted that this situation is unacceptable for a government Agency, which was responsible for the introduction of MNP.
“Today we have no one winner and virtually nothing to work with. That is why I made the decision to cancel bidding for the implementation of number portability, which we started in 2015,” he said.
To the vote a question was raised about the cancellation of the auction on purchase of services on introduction of portability of numbers when changing mobile operator. “The decision was taken unanimously,” said Gulko.