Kosovo Government announces new mobile tender
Prishtinë, Apr 1, 2006 - All TVs and dailies in Kosovo report that the Kosovo Government decided to launch a new tender for the mobile telephony. The Government made the decision after receiving a letter from SRSG Soren Jessen-Petersen, in which he called for the complete cancellation of the first tender.
“I must emphasize that the cancellation of the tender procedures is a firm decision of the SRSG, as part of his reserved competencies,” Ulpiana Lama, Spokesperson for the Prime Minister’s Office said yesterday at a press conference.
“The Prime Minister of Kosovo did not have any judicial options in this case, since the decision, because of its nature, could not be a subject of discussions between the parties, which do not have legal competencies to change the situation.
“The Prime Minister considers the best way to soften the cost of the monopoly is to announce a new tender for the mobile telephony.”
According to Lama, the Government will need about five months to announce the new tender. Lama also said that before announcing the new telephony tender, the Government would announce a tender for a consulting company, which would determine the terms of references, or the conditions the companies applying for the second mobile operator tender must meet. She also explained that the tender for the consulting company would last 45 days starting from yesterday.
Meanwhile, the TRA President, Anton Berisha, said that the TRA would only be part of this process if the tender conditions are in compliance with the SRSG’s instructions.
Berisha does not agree with Lama’s statement that a consulting company would be selected to determine the terms of references. “There will be no company for this issue,” said Berisha. “EU experts will be engaged not only in the tender for the second mobile operator, but also for legal issues.” According to Berisha, these experts will explain the procedures that must be respected during this process to the TRA, while the TRA will have all competencies based on the Law on Telecommunication.
Fatmir Gashi, Mobikos Director, told Zëri that the Government’s decision to announce a new tender violates the law and the Constitutional Framework.
“The Government does not have the right to make such a decision, because it is an executive body, not a court,” said Gashi.
Gashi also said that Mobikos-Mobitel through court procedures would request for a work license and also for compensation from the Government.
“The amount of the compensation will be determined by a specialized company,” said Gashi, adding that the consortium would consider whether to participate in the new tender.
Mobikos also plans to sue the government and ask for reimbursement, which they calculated to be around €150 million. Azem Vllasi, Mobikos lawyer, said that the legal situation in Kosovo is chaotic, “because we have a Government violating the laws they pass. This is a legal jungle.”
Lama said, however, that if Mobikos-Mobitel initiates court procedures, then it would be up to court to decide about this issue.