The operator Free Senegal is subject to a penalty of 2% of its average daily turnover excluding taxes until it complies with the decisions taken by Artp to resolve its dispute with Sirius Telecom Africa, prevented from launching its activities for more than a year. The sanction against Free has been running since June 12, 2020.
The mobile telephone operator Saga Africa Holdings Limited, operating in Senegal under the Free brand, was ordered to pay the Senegalese Telecommunications and Postal Regulatory Authority (Artp) a sum representing 2% of its turnover. average daily business net of tax as a sanction for refusing to collaborate with the mobile virtual network operator (MVNO) Sirius Telecom Africa.
This fine unveiled on July 22, 2020 and which has been running since June 12, 2020, will continue until Free complies with the measures taken by the regulator to resolve its dispute with Sirius Telecom Africa and allow the market to enrich itself with a new telecom service provider.
The first measure is decision No. 2019-18 of December 13, 2019 by Artp fixing the tariffs applicable to the relations between the two operators Sirius Telecom Africa and Saga Africa Holdings Limited. These tariffs were defined by Artp after observing a disagreement between the two parties on the commercial agreement, which led to the delay in launching Sirius Telecom Africa’s activities for more than a year.
It was on April 3, 2019 that Sirius Telecom signed a concession agreement with specifications with Saga Africa Holdings Limited, allowing it to buy and resell its partner’s telecom services such as voice or data under its own brand. The commercial agreement, the subject of the dispute between the two parties, concerned the various tariffs set at Sirius Telecom Africa by Saga Africa Holdings Limited for the wholesale purchase and retail resale of its telecom products.
The second measure taken by the telecoms regulator, through its decision N ° 2020-004 of May 5, 2020, responded to the concern of Saga Africa Holdings Limited on the conditions of access to its network platform by Sirius Telecom. Artp indicates that, in the interests of fairness, it determined these conditions with the support of an expert.