ON THE APPLICATION FOR CONSENT TO TRANSFER/MERGE LICENSE BY EATON TOWERS UGANDA LIMITED AND ATC UGANDA LIMITED AND APPLICATION FOR GRANT OF A LICENSE BY ATC HESTON BV
The Uganda Communication Commission (the Commission) was established under section 4 of the Uganda Communications Act, 2013(the Act) as the regulator of the communications sector in Uganda with mandate to among others monitor, inspect, licence, supervise, control, promote and safeguard interests of consumers and providers of communications services in Uganda.
American Towers Corporation (ATC) Uganda Limited and Eaton Towers Uganda Limited were granted Public Infrastructure Provider (PIP) licenses by the Commission on the 22nd August 2015 and 17th April 2012 respectively to provide infrastructure services in Uganda. The PIP licenses are for a period of fifteen (15) years.
In accordance with section 42 (2) of the Act, Eaton Towers Uganda Ltd applied to the Commission for consent to transfer its license to ATC Heston BV Netherlands. This was accompanied by an application for grant of a PIP license from ATC Heston BV Netherlands in accordance with section 42(3) of the Act.
ATC Heston BV Netherland is a wholly-owned subsidiary of AT Netherlands Cooperatief, which holds a majority interest in ATC Uganda Limited. Should the application for transfer of license from Eaton Towers Uganda Ltd to ATC Heston BV be approved by the Commission, there will be a merger of interest, ownership and operations between ATC Uganda Limited and Eaton Towers Uganda Limited.
If approved, the proposed transactions will render ATC Uganda Limited, a dominant provider of passive infrastructure services in the telecommunications sector in Uganda.
In accordance with section 38(2) (d) of the Act and Regulation 7(2)(d) of the Telecommunications (Licensing)Regulations SI No. 20 of 2005, the Commission is required to consider the public interest before determining whether or not to grant an application for grant/merger of license.
The general public is therefore requested to provide written comments, if any, regarding the aforesaid applications. Comments should be sent to the address below within fourteen (14) days from the date of this notice. This notice was published in the dailies on Monday, 19th August 2019.