Ilyashev & Partners successfully acts on behalf of Kyivstar against NCC

Ilyashev & Partners has successfully acted on behalf of Kyivstar, a Ukrainian mobile operator, in administrative proceedings against the National Communications Commission (NCC) with regard to the introduction of the nationwide mobile number portability (MNP).

The firm said that there have been attempts to introduce the MNP in the recent years. Last year, the NCC eventually approved a regulation governing the operation of MNP and setting the time frame for its implementation.

The regulation, in particular, contained a requirement for a centralised number database. The database was to be operated by Ukrainian Names and Addresses Centre, while major mobile operators and their subsidiaries were precluded from participating in the tender offer.

Commission was brought to court. Finally, the regulation on the implementation of MNP was ruled partly invalid by the court of first appellate jurisdiction. While Kyivstar did not contest the MNP service itself, the court invalidated a number of provisions in the NCC’s regulation as conflicting with existing communications regulations.

Now, the NCC will have to update the invalidated regulation and, after obtaining the mobile operators’ approval, seek a new registration with the Ministry of Justice. The firm said that recent new appointments of NCC officers hope that this time the NCC will act in compliance with the law and respect the legal interests of all mobile operators.