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Article 19: Dispute resolution procedures
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THE DISPUTE RESOLUTION PROCEDURES
Share on email print Share on Share on Favorite Share on facebook Share on twitter Share on stumble upon digg it Share | Are brought before the National Telecommunications Authority, queries relating to interconnection, unbundling the local loop, to the physical collocation, the common use of infrastructure and telecommunications services by:
The Minister for Telecommunications,
Installers and network operators,
Internet service providers,
Agencies or consumer groups legally established,
Professional organizations in the telecommunications field.
Requests are sent directly or through a lawyer to the president of the National Telecommunications Authority, by letter with acknowledgment of receipt or electronic document is retained in its final form and reliably authenticated by electronic signature or by filing with the Forum against discharge. The application must be filed in quadruplicate and must include the following:
The name, legal form, headquarters of the applicant and if applicable, the registration number in the trade register,
The name and registered office of the defendant;
A detailed overview of the subject matter and applications.
The request must be accompanied by all documents, correspondence and preliminary evidence.
The office procedures for the National Telecommunications Authority is responsible for the registration of the request according to its number and date in the register of business.
President of the Forum is responsible for transmitting the register for Telecommunications and the defendant a copy of the application and accompanying documents, by registered letter with acknowledgment of receipt or electronic document is retained in its final form reliably and authenticated by an electronic signature.
President of the Forum grants the defendant a period of one month from the date of receipt, to present their answers and that failing, the Forum continued its consideration of the application on the evidence provided .
Are prescribed all actions brought before the Forum dating back more than three years from the date of injury.
The recorder may, after receiving the defendant's response, if deemed appropriate or upon request of either party, and before starting the inquiries and investigations, conduct a conciliation attempt to find a amicable solution to litige.il may also take any action it deems necessary for that purpose and to obtain the assistance, as appropriate, by experts.
The rapporteur shall terminate the conciliation phase within one month from the date of receipt of the respondent's reply.
If the dispute amicably is written in whole or in part, the rapporteur draws up a report and send along with the conciliation agreement and back to the president of the National Telecommunications Authority who shall convene the members of the Forum at a hearing to rule on the subject.
On failure of conciliation, the rapporteur prepares a report sent to the President of the Forum and pursues the inquiries and investigations necessary to resolve the dispute.
In this context, the rapporteur closing its investigation and prepare a report which presents its observations within two months from the date of receipt of the answer of the defendant or from the date of writing the report provided in paragraph four of Article 68 of the Code of telecommunications. President of the Forum may, where appropriate, extend that period upon request of the rapporteur.
President of the Forum forward the appraisal report to the parties of the dispute by a registered letter with acknowledgment of receipt or electronic document is retained in its final form and reliably authenticated by electronic signature. The parties are required to complete this report within one month from the date of notification, either directly or through a lawyer, and using a memory comprising the elements of that defense 'they see fit.
President of the Forum will schedule the hearing members of the Forum within 30 days of the date of receipt of the response of litigants in the investigation report.
The Forum shall act by majority vote and with the parties.
Each member has one vote and in case of a tie, the chairman has the casting vote.
The decision of the Forum must be substantiated and must include a solution to the dispute and the following:
The names, headquarters of the parties and, where applicable, the names of their lawyers and their legal representatives,
A detailed application of the parties and their means
The date of the decision and the place where it is made,
The names of members who participated in making the decision.
Procedures for interim measures
One of the litigants may request the President of the Forum to order a stay of providing the service or terminate the infringements before ruling on the merits.
The request is addressed to the President of the Forum and shall contain such statement of facts and evidence.
The president of the National Telecommunications Authority decides on the request within one week from the date of filing and order the interim measures taken under the first paragraph of Article 73 of the Telecommunications Code s it determines that the application is based and aims to avoid irreparable harm.
The decision of the President of the Forum decision ordering interim measures is likely to be revised at the request of the party against whom they were taken and within a week after the date of submission of the application.
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