Identifier
Created
Classification
Origin
07COTONOU547
2007-07-19 11:07:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Cotonou
Cable title:  

BENIN: SHUT DOWN GSM CELL PHONE PROVIDER RESPONDS

Tags:  ECON ECPS PGOV BN 
pdf how-to read a cable
VZCZCXRO7263
RR RUEHMA RUEHPA
DE RUEHCO #0547 2001107
ZNR UUUUU ZZH
R 191107Z JUL 07
FM AMEMBASSY COTONOU
TO RUEHC/SECSTATE WASHDC 9699
INFO RUEHZK/ECOWAS COLLECTIVE
RUEHLMC/MILLENIUM CHALLENGE CORP WASHDC
RUEHFR/AMEMBASSY PARIS 1129
RUEHDK/AMEMBASSY DAKAR 1383
RUEHLO/AMEMBASSY LONDON 0319
RUEHKM/AMEMBASSY KAMPALA 0146
UNCLAS COTONOU 000547 

SIPDIS

SENSITIVE

SIPDIS

DEPT FOR AF/EPS: KRZYWDA, AF/W:BANKS, EB/TPP/ABT:LERSTEN
DEPT PASS TO COMMERCE: MD'ANDREA AND USTR: AHEYLIGER/LAGAMA
PARIS FOR D'ELIA
DAKAR FOR FCS AND FAS
KAMPALA FOR FLINTROP
LONDON FOR HAHN

E.O. 12958: N/A
TAGS: ECON ECPS PGOV BN
SUBJECT: BENIN: SHUT DOWN GSM CELL PHONE PROVIDER RESPONDS

REF: COTONOU 525

UNCLAS COTONOU 000547

SIPDIS

SENSITIVE

SIPDIS

DEPT FOR AF/EPS: KRZYWDA, AF/W:BANKS, EB/TPP/ABT:LERSTEN
DEPT PASS TO COMMERCE: MD'ANDREA AND USTR: AHEYLIGER/LAGAMA
PARIS FOR D'ELIA
DAKAR FOR FCS AND FAS
KAMPALA FOR FLINTROP
LONDON FOR HAHN

E.O. 12958: N/A
TAGS: ECON ECPS PGOV BN
SUBJECT: BENIN: SHUT DOWN GSM CELL PHONE PROVIDER RESPONDS

REF: COTONOU 525


1. (SBU) SUMMARY: Telecel-Benin (formerly known as Moov),one of the
cell phone service providers whose networks were shut down by the
Benin Provisional Post and Telecommunications Authority (BPPTA) on
July 12 (Reftel) has issued a public response to the shutdown.
Telecel-Benin is appealing the BPPTA's decision, which it describes
as arbitrary and unfair, and has also made an appeal to President
Yayi to help find an amicable resolution to this situation, which
has inconvenienced hundreds of thousands of customers. President
Yayi's most recent comments, however, do not seem to indicate an
eagerness to compromise. END SUMMARY.


2. In a public statement issued July 16, 2007, Telecel-Benin denied
that it had violated the operating agreement it signed with the
Government of Benin in August 2004, or any other law pertaining to
the telecommunications sector. The company maintains that it holds
a valid 10-year GSM operating license granted by GOB pursuant to the
August 2004 agreement, which, it maintains, cannot be revised
unilaterally during its period of validity. Furthermore, the
company maintains that it has paid all required licensing fees and
taxes, and has never been in violation of any law or regulation.


3. Telecel-Benin has made countercharges against the BPPTA, claiming
that the agency unilaterally raised license fees and improperly
suspended the company's operating license. In effect, Telecel-Benin
has accused the BPPTA of having violated its own laws and
regulations. With regard to the name change controversy (Reftel),
Telecel-Benin maintains that the agreement it signed with the GOB
does not prohibit company name changes, and that the change of name
was not illegal and was not intended to mask illegal activity, as
the BPPTA has alleged. Telecel-Benin further maintains that the
name change cannot be legally construed as a transfer of GSM license
to another company, as maintained by the BPPTA, and thus did not
require the prior permission of the BPPTA.


4. Despite its harsh criticism of the BPPTA, Telecel-Benin stated
that it would like to reach an amicable compromise agreement with
the BPPTA, in the interest of restoring service to the hundreds of
thousands of customers who lost cell phone service when
Telecel-Benin (formerly known as Moov) and Spacetel-Benin (formerly
known as Benincell and MTN, and the parent company of Areeba) were
shut down on July 12. The company appealed to President Boni Yayi
to take an active role in brokering a settlement.


5. When contacted by post, a member of BPPTA stated that no
compromise settlement was in sight. If the two shut down cell phone
providers continue to refuse to pay the new license fees and submit
new requests for authorization to provide GSM cell phone services,
the BPPTA would have no alternative but to cancel their operating
licenses, which are suspended at the present time.


6. On July 17, 2007, President Boni Yayi spoke publicly for the
first time about the July 12 shutdown, and in doing so expressed
support for the BPPTA decision. He expressed skepticism about the
motives behind the frequent company name changes, and reiterated
that the companies must pay the outstanding fees or face permanent
revocation of their licenses.


7. COMMENT: President Boni Yayi's hard-line stance against the GSM
cell phone providers is widely seen as part of his vigorous
anti-corruption efforts, and as such has broad support in the
country, despite the massive inconvenience caused by the shutdown.
However, the GOB must also avoid arbitrarily modifying business
contracts, as Telecel-Benin alleges occurred in this case. One can
expect charges and countercharges to continue to be exchanged
between the BPPTA and the GSM cell phone providers, while consumers
continue to struggle to find reliable cell phone service. END
COMMENT.

DIFFILY