TELECOMMUNICATIONS LEGISLATION AND REGULATION IN GHANA

MAJOR LEGISLATION

The major legislation governing the telecommunications industry in Ghana is the National Communications Authority Act, 1996 (Act 524) which seeks to regulate communications by wire, cable, radio, televisions, satellite and similar means of technology for the orderly development and operation of efficient communications services in Ghana and to provide for related purposes. There has been established pursuant to Act 524, a body corporate known as the National Communications Authority (NCA) with its governing body being the Board. The objects of the NCA are: (a) to ensure that there are provided throughout Ghana as far as practicable, such communications services as are reasonably necessary to satisfy demand for the services. (b) to ensure that communications system operators achieve the highest level of efficiency in the provision of communications services and are responsible to customer and community needs. (c) to promote fair competition among persons engaged in the provision of communications services. (d) to protect operators and consumers from unfair conduct of other operators with regard to quality of communications services and payment of tariffs in respect of the services and to protect the interest of consumers. to facilitate the availability of quality equipment to consumers and operators. to promote research into and the development of technologies and use of new techniques by providers of communications services and to develop adequate human resources in collaboration with such other government departments and agencies as the NCA considers appropriate.

(e) (f) (g)

STATUS AND POWERS OF THE TELECOMMUNICATIONS REGULATOR The NCA is the regulator of the telecommunications industry in Ghana and operates under the broad policy directives of the Ministry of Communications. It is empowered under Section 3 of Act 524 to perform the following functions: (a) to advise the Minister of Communications on policy formulation and development strategies for the communications industry; (b) to ensure strict compliance with this Act and regulations made under it; (c) to grant licences for the operation of communications system as defined in Section 44; (d) to assign, allocate and regulate the use of frequencies in conformity with international requirements pursuant to any relevant treaties, protocols or conventions to which Ghana is signatory; (e) to prepare and review the National Frequency Allocation Plan; (f) to establish the national numbering plan and to assign numbers accordingly; (g) to act internationally as the national body representing Ghana in respect of communications; (h) to designate standards of communications equipment; (i) to determine a code of practice relating to dealings by operators with international communications operators and regulate international accounting rates; (j) to provide guidelines of tariffs chargeable for the provision of communications services; (k) to provide where practicable, authorisations to operators of radio telephone stations on ships and aircrafts registered in Ghana; (l) to establish training standards for communications operators and to monitor the implementation of the training standards; (m) to provide, where reasonably practicable, advice and assistance to operators in the communications industry in

(n) (o)

(p)

Ghana for which there may be charged such fees as the Authority considers appropriate; to maintain a register of operators; to establish, by regulations, the protection of data on computer files and their transmission and to safeguard the secrecy of communications and the protection of personal data in conjunction with communications systems operators; and to perform any other functions assigned to it under this Act or any other enactment.

The enforcement powers of the NCA includes the power to impose penalties, including monetary fines and where necessary, compensatory damages, on operators for non-compliance with applicable regulations or with obligations contained in licences or other agreements with the NCA governing the provision of communications services and to order the taking of corrective measures to ensure compliance with applicable regulations and other legal obligations. FUTURE LEGISLATION As stated above, Act 524 is the major legislation governing the telecommunications industry. General regulations have been promulgated by the NCA pursuant to the provisions of Act 524 ("the Regulations"). Aside from the topic discussed hereunder which are based on the provisions of Act 524 and on these Regulations, proposals from Consultants have also been received for consideration by the sector ministry ie the Ministry of Communications for the regulatory capacity building of the NCA. The Consultants would be expected to fashion out a new framework for the NCA in respect of licences, interconnection agreements, pricing and competition, regulation and deregulation, and other related matters. The areas to be addressed by the Consultant would also include: (a) drafting of licences for all other operators apart from Ghana

(b) (c) (d)

Telecom (GT) and Western Telesystems (Westel), the two national network operators; finalising regulations to be incorporated into an appropriate legislative instrument for the network operators; developing a framework and guidelines for frequency spectrum management; and establishing guidelines and principles for inter connection, including a process for the resolution of interconnection problems.

INTERCONNECTION BETWEEN NETWORKS Hitherto, there was only one public network operator in Ghana ie. Posts and Telecommunications which has now been privatised and is known as Ghana Telecom. With the advent of a second network operator and the introduction of competition in specialised areas such as cellular mobile and paging as well as non-voice services such as data communications, the need for interconnection between the various networks cannot be over emphasised. As such, the NCA is permitted to grant licences subject to such conditions as may be specified and may include conditions requiring the operator to interconnect to any communications systems to which the licence relates or to permit the connection to his system or station of other communications system. Further, and subject to the approval of the NCA and on such other terms as may be agreed upon by the parties, an operator may interconnect his communications system to that of another operator. The NCA shall, at the request of either operator or both, set up an arbitration panel under the Arbitration Act, 1961 (Act 38) where the parties concerned cannot reach an agreement. As a result of the arbitration, the NCA may require both parties to enter into the NCA's form of interconnection agreement with the rates payable thereunder to be set by the NCA. The NCA may by legislative instrument, make regulations on the

terms and conditions of interconnection of communications systems. These legislative instrument have not yet been made. Nevertheless, articles 139 and 140 of the Regulations provide that interconnection between networks must be governed by the principles of fair competition, non-discrimination and universal coverage. The principle of fair competition provides that an operator or provider of communications services that owns or controls a network or other essential facility upon which other competing operators or providers must depend for the efficient provision of their services, or an operator that has a dominant position in a geographic market, shall not resort to or threaten conduct or practices that unfairly disadvantage rival operators or subscribers or that is calculated to keep out competition eg. limiting access to a network or interconnection and providing sub-standard access or permitting access only under onerous terms. With regard to non-discrimination in service, every operator or provider of public communications services shall, having regard to available supply, offer and provide uniform, non-preferential service on a first-come, first-serve basis to all persons within a covered geographic market who request such services or who meet predetermined conditions that may be approved by the NCA for the receipt and use of such service. Further, the principle of universal coverage requires each operator or provider of a public communications service, subject to the terms of its licence to have the goal of providing and extending such service to the entire geographic market which the operator or provider is licenced by the NCA to serve. Interconnection agreements must conform to the provisions of Act 524 and the principles cited and such other specific regulations as the NCA may issue. The terms and conditions of the agreement

must include the following in addition to such terms as may be negotiated between the parties: (i) provisions requiring the determination of capacity required for interconnection and future forecasts of such capacity; (ii) network connecting points which shall be established at the request of the party desiring interconnection; (iii) dates by which interconnection will take place or provisions requiring interconnection within a limited period of time after a request for interconnection has been made; (iv) characteristics of the signals transmitted or received, including signaling standards, numbering, rate, service quality and communication safety arrangements; and (v) rates applicable to interconnection. The NCA at the request of the parties, may participate in the negotiations to assist them in reaching an agreement. A copy of the final interconnection agreement must be submitted to the NCA for approval. DISPUTE SETTLEMENT BETWEEN COMPETITORS Under Article 33 of the Regulations, the NCA is authorised to constitute panels and to put in place, specified dispute resolution mechanisms to hear in administrative proceedings, the following disputes or controversies between operators of communications services: (a) Disputes concerning allegations of unfair competition or abuse of dominant position by an operator; (b) Disputes concerning access to, use or abuse of and other technical, economic or legal matters relating to network interconnection, irrespective of whether or not an interconnection contract exists; (c) Disputes concerning rates, charges and any other payments or compensations arising under agreements between operators; (d) Disputes concerning technical aspects of the public communications service; (e) Disputes concerning damaging interference to an operator's

communications services caused by another operator. With respect to the disputes enumerated above, an operator of communications shall not seek resolution of such disputes by the Minister of Communications or the High Court unless the operator has first resorted to and exhausted the administrative mechanisms provided by the NCA. In support of the above, it is further provided under Section 19(2) of Act 524 that where any person operates a communications system in such a manner as to cause damage to the equipment or to the operations of another operator, the matter may be referred by either party to the NCA which shall determine the matter and award such compensation to the aggrieved persons as the NCA considers just and fair in the circumstances of the case. PROCEDURES FOR DEALING WITH COMPLAINTS FROM CUSTOMERS Every operator is obliged by virtue of Section 35(1) of Act 524 to establish a procedure for dealing with complaints by his customers or potential customers in relation to the provision by the operator of the relevant communication services. No procedure shall be established and no modification of the procedure shall be made unless: (a) the operator has consulted persons or bodies that constitute a full representation of customers for whom he provides the services; and (b) the proposed procedure or modification has been approved by the NCA.

The approved procedure shall be publicised by the operator in such manner as the NCA may require and send a description of the procedure, free of charge, to any person who asks for it.

The NCA may direct the operator to review his procedure or the manner in which he operates and make modifications to that procedure. DISPUTE SETTLEMENT BETWEEN OPERATORS AND CUSTOMERS OR SUBSCRIBERS Any dispute between a customer and an operator in which it is alleged that the operator: (a) has exercised undue discrimination against a customer in respect of charges or terms applied or to be applied for the provision of the service in question; or (b) has shown undue preference to any other person in respect of the charges or terms to the detriment of the customer; or (c) has applied or proposed to apply any charge related to the provision of the service to the customer which is not authorised in accordance with Act 524, may be referred to the NCA by either party for settlement by administrative proceedings. The exercise by the NCA of its authority shall be contingent upon a determination by the NCA that the subscriber or customer has first made a reasonable effort to resolve the complaint or claim, through the approved complaints and claims handling procedure provided by the operator (Section 36 of Act 524 and Articles 35 and 36 of the Regulations). CRITERIA AND RULES FOR THE AWARD OF LICENCES Section 9 of Act 524 provides that subject to certain exemptions as the Board may determine no person shall establish, instal, operate or otherwise use a communications system or provide communications services in Ghana unless he has been granted a licence for that purpose by the Board of the NCA. A licence may only be granted to: (a) a citizen of Ghana; or

(b) (c)

a body corporate registered under the Companies Code, 1963 (Act 179); or a partnership registered under the Incorporated Private Partnerships Act, 1962 (Act 152).

An application for a licence shall be made to the NCA and shall be in such form and accompanied with such fee and documents as the Board shall determine. Basically, an application letter indicating the intended service together with the provision of detailed information on items below should be submitted to the NCA for consideration: a. Company profile - information on Company including: i. Evidence of incorporation and certificate to commence business; ii. Shareholders; iii. Technical and organisational capability; iv. Relevant experience; b. Company ability and capability: i. Evidence of ability to perform, including agreements drawn up with any principals; ii. Financial capability including bank statements for the previous three years; c. Business plans including feasibility studies; and d. Any other relevant information. Within five (5) working days of the receipt of an application, the Board shall acknowledge receipt and shall within a reasonable period thereafter, in any event not more than 60 days, inform the applicant in writing of the decision of the Board. The NCA would only grant the licence to an applicant where it is satisfied that the communications system in respect of which the application is made is technically suitable for the service intended to be rendered and a licence for the operation of such system has not been granted exclusively to another operator in the public interest.

The Board, in granting an application for a licence would also consider whether there are compelling reasons founded on technical data, national security, public safety or other reasonable justification which shall be communicated to the applicant. It must also be noted that a licence granted by the NCA shall be subject to such conditions as may be specified in the licence and except with the written approval of the Board, a licence granted under Act 524 shall not be transferable and shall be valid for a specified period. An application for the renewal of the licence shall be made to the NCA not later than 3 months before the expiry of the licence desired to be renewed. The procedure for renewal of the licence granted is the same as that applicable to the grant of the original licence. Under the Regulations, provision is also made for the granting of a licence by public tender. A licence shall be granted by public tender in any of the following cases: 1. When the unassigned frequencies or frequency bands available in a given locality or service area for the provision of a given public communications service is limited; or 2. When so required as a result of a frequency allocation made under the Regulations or 3. When the number of licences that may be granted for a given public communications service is restricted under Act 524, other legislation or any regulation or order promulgated or issued by the NCA. The appropriate unit of the Telecommunication Division shall be responsible for preparing the bidding conditions and conducting any public tender with respect to a licence. It shall also be responsible for approving the bidding documents which must contain the following information: a. Bidding schedule;

b. c. d. e.

Purpose of the tender; Documents required for qualifying bidders; Licence areas; Terms.

EXEMPTIONS FROM REQUIREMENT FOR LICENCE The Board may by legislative instrument, exempt from the requirement for licence such communications systems as it may determine. Without prejudice to the above, the requirement for licence under Section 9 (supra), shall not apply to: (a) the acquisition or operation by any person for his own use or solely for the purpose of his business (but not for providing any communication service to another person) a communications system in which all the equipment comprised therein is situated: (i) on a single set of premises in a single occupation ; or (ii) in a vessel, aircraft or vehicle mechanically coupled together ; (b) communications system of the security services, except that application for allocation of frequencies in the shared bands shall be submitted to the NCA through the Office of the President ; and (c) other communications system which does not require interconnection with any public communications system. (Section 11 of Act 524). SUSPENSION OR CANCELLATION OF LICENCE By section 21 of Act 524, the NCA may, where it is satisfied that an operator is not complying with or has not complied with any of the conditions of his licence, suspend or cancel the licence. No suspension or cancellation shall be made unless the NCA has given the operator a written notice specifying the cause of dissatisfaction of the NCA and giving directions for rectification of

the breach and the action proposed to be taken by the NCA in the event of non-compliance with the notice. The NCA shall not suspend or cancel a licence without first affording the operator an opportunity of being heard and where appropriate, giving the operator such reasonable period to comply with the directions of the NCA. In determining whether it is necessary to suspend or cancel a licence granted under Act 524, the NCA shall consider the extent to which any person is likely to sustain loss or damage as a result of the suspension or cancellation. A licence which remains unutilised two years from the date of its grant, may be cancelled by the NCA after notice of not less than 30 days has been served on the operator. APPEALS A person aggrieved by the refusal of the NCA to grant or renew his licence or by the modification, suspension or cancellation of a licence granted under Act 524, may in writing appeal to the Minister of Communications who shall within 30 days of receipt of the appeal, make a decision thereon. The appellant, where dissatisfied with the decision of the Minister, has a further right of appeal to the High Court.(Section 22 of Act 524). LICENCE FEES A licence granted by the NCA may include conditions requiring the operator to pay to the NCA during the existence of the licence, such fee as may be determined by the NCA. The terms of the licence granted may also require the operator to provide to the NCA, in such manner and at such times as may be reasonably required, such documents, accounts, estimates, returns or other information as the NCA may require for the purpose of exercising its functions under

Act 524. TELECOMMUNICATIONS STANDARDS A licence granted by the NCA may include conditions requiring the operator to operate the communications system in accordance with such standards of performance as the NCA considers appropriate pursuant to Section 23 of Act 524. Generally, the NCA is empowered by this section to determine after due consultation with the operator and persons likely to be affected, such standards of overall performance or specific standards of performance in relation to the provision of communication services by an operator as in the opinion of the NCA ought to be achieved by that operator and arrange for the publication of the standards in such form and in such manner as the NCA considers appropriate. Regard is had in this respect to standards set by international bodies and guidelines and recommendations of the International Telecommunications Union (ITU) to ensure satisfactory services. The NCA is also mandated to collect information on levels of overall performance achieved by the operators in relation to the provision of communication services. Failure by an operator to meet any required standards would result in the operator being liable to pay compensation to any person adversely affected thereby. This provision does not preclude any other remedy available at law or any other measures that may be taken or sanctions that may be imposed by the NCA. PRICING Until a few years ago, telecommunications was the subject of monopoly supply with the only public network operator being state owned. However, with the liberalization of the market and development of competition in the communications industry in Ghana, pricing for the provision of services has also become competitive.

Though the NCA does not control the pricing of operators, a licence granted by the NCA may include conditions requiring the operator to determine the tariffs, charges and the terms and conditions that are applicable to the provision of the services and to publish in such manner and at such times as may be specified in the licence, a notice indicating the method that is to be adopted for determining its charges and other terms and conditions that are to be applicable to the services provided. The Board of the NCA is also empowered by Section 41(1)(c) of Act 524, to make regulations in relation to the guidelines and rules on tariffs and on international accounting rates. All prevailing prices which are pegged according to GT rates, will eventually be scrutinised and evaluated on cost-basis as recommended by the International Telecommunications Union (ITU). Price-cap scenarios would also be employed. MONITORING OF TELECOMMUNICATIONS QUALITY Telecommunications quality is monitored by the NCA. Under Act 524, the NCA is charged inter alia to protect operators and consumers from unfair conduct of other operators with regard to quality of communications services and payment of tariffs in respect of the services and to facilitate the availability of quality equipment to consumers and operators. As such, the NCA shall designate standards to which communications equipment shall conform and there shall be specified in respect of a licence granted, the equipment approved for the provision of the services concerned. The NCA is entitled by virtue of Section 19(1) of Act 524, to monitor the use of any communications equipment to determine the standard of performance of the equipment. For this purpose, the Board of the NCA may in writing appoint

inspectors and assign certain duties as may be determined . An inspector so appointed may at all reasonable times enter any premises to inspect the premises or generally carry out any functions imposed on him or to ensure that the provisions of Act 524 are complied with. In addition, the NCA may install its own equipment in order to evaluate or monitor the quality of the services provided by operators. ALLOCATION OF FREQUENCIES, PHONE NUMBERS AND RIGHTS OF WAYS: Under Act 524, it is the responsibility of the NCA to assign, allocate and regulate the use of frequencies in conformity with international requirements pursuant to any relevant treaties, protocols or conventions to which Ghana is signatory. Accordingly, Section 26 thereof provides that all frequencies required for the operation of any communications system shall be granted by the NCA and any such application should be made to the NCA. The NCA may on receipt of such an application, assign or allocate a frequency to the applicant and shall for that purpose take into account all technical data of the equipments of the applicant and also have due regard to the rights and freedoms of other persons. An application for a frequency is usually granted by the NCA unless there are compelling reasons founded on technical data, national security, public safety or other reasonable justification which shall be communicated to the applicant. In allocating or assigning frequencies, the NCA shall take into account : (a) the availability of frequencies;

(b) (c)

the distribution of communications stations as between urban, rural, commercial or other categorisation; the technical characteristics of the equipment involved and its capability to interconnect with other communications equipment and networks.

PHONE NUMBERS It is the duty of the NCA to establish a national numbering plan which outlines national telephone numbers and area codes for use by operators and customers or subscribers for the provision of communication services and to assign numbers accordingly. A unique area code number which serves as a routing designator to all calls terminating on a particular communications system is assigned by the NCA to the licensee. Whatever numbers follow these code numbers are at the discretion of the relevant operator. RIGHTS OF WAY In years past, the acquisition of rights of way and or easements over land was usually by compulsory acquisition by Government for the establishment or running of the communications system of the then Posts and Telecommunications, which was wholly state owned. Recent trends have shown the acquisition of rights of way by operators moving toward private contracts such as fee sharing agreements. In addition, permits and authorisations may also have to be obtained from municipal authorities such as the Accra Metropolitan Assembly (AMA) and the Town and Country Planning Department to ensure that the land is suitable for use by the operator for or in connection with the running of its system. Section 37 of Act 524 also provides that an operator may, subject to such terms and conditions as may be agreed upon between the operator and the owner or occupier of any land, enter the land temporarily and remain thereon for a reasonable time for the

purpose of: (a) supplying, erecting or maintaining communications services or facilities; (b) surveying or obtaining relevant information on the land; (c) determining whether the land is suitable for his purpose. In order to protect the land owner, there are obligations to make good damage and pay compensation in respect of damage caused. INTERNET TELEPHONY This service has not yet caught on in Ghana. Therefore, there has been no government statement on the issue. It can however be inferred from the provisions of Act 524 regarding the requirement for a licence, that an operator must be licensed by the NCA before he can provide this service. It would thus be considered illegal if an operator should do so without a licence. CROSS-SUBSIDISATION OF TELECOMMUNICATION SERVICES Generally, to ensure fair competition, it has been provided in the Regulations that an operator or provider of communications services which owns or controls a network or other essential facility upon which other competing operators or providers must necessarily depend for the efficient provision of their services, or an operator who has a dominant position in a geographic market, is prohibited from resorting to or threatening conduct or practices that unfairly disadvantage rival operators or subscribers or that is calculated to keep out competition. These include cross-subsidising competitive services by revenues generated from monopolised services and bundling or linking the provision of a monopolised service to the purchase of other services. The licensee or operator is also prohibited during any exclusivity period, from using revenues from protected telephone services to cross-subsidise other communications services. Upon termination of the exclusivity period, the general prohibition stated above shall apply.

TELECOMMUNICATIONS RESELLING The telecommunications reselling industry in Ghana is not protected by regulations. Current rates being charged by resellers such as the communication centres would however be reviewed on cost-basis by the NCA. Price caps would be put in place. UNIVERSAL SERVICE Currently, the two national operators ie. GT and Westel are the only two companies licensed to provide universal service in Ghana. The rules governing the provision of universal service is comprised in their respective licence agreements eg. GT is to present its plans for extending facilities to the whole country to the NCA shortly. In order to finance the provision of communication service in noncommercial areas and to promote education, training and research in the telecommunications sector of Ghana, the licensees shall pay to the Ghana Investment Fund for Telecommunications (GIFTEL) one percent (1%) of its net revenue. RULES ON EQUAL AND UNBUNDLED ACCESS TO SHARED NETWORK RESOURCES These rules are generally provided in the various licence agreements and includes provisions prohibiting the Licensee from doing any of the following: i. making the purchase or lease of wiring or terminal equipment a condition of obtaining any communications service; ii. making the provision of any value added service a condition of obtaining voice telephony service; or iii. including the charge or fee for such equipment as part of the rates, fees or charges for any communications service. RULE ON NUMBER PORTABILITY GT and Westel are under an obligation at such time as is technically and economically feasible and facilities operating conditions permit, to provide their subscribers with the ability to retain their respective

telephone numbers if such subscribers elect to transfer service from GT to Westel or vice versa. Number portability shall not be provided unless such service can be provided by each party to the other on a reciprocal basis. Further, number portability shall be offered by the parties on such terms and conditions and at such rates as may be negotiated by the parties. RULES ON CARRIER SELECTION/PRE-SELECTION Generally only the two national operators ie. GT and Westel have been licensed as carriers and are allowed to handle international traffic. They have exclusivity for 5 years commencing January 1997. At the moment Westel has not started full operations yet and as such, subscribers have to go through GT's gateway. MISLEADING, INTERCEPTION AND NON-DISCLOSURE OF MESSAGE Under Section 42(1) of Act 524, a person who is or has been an employee of an operator shall not: (a) send or attempt to send by means of communication equipment or facility any message which to his knowledge is false or misleading or is likely to prejudice the efficiency of any service or endanger the safety of any person; or (b) use any communications equipment or facilities with intent to obtain information relating to the content, sender or addressee of any message which neither the person using the equipment or facilities nor any person on whose behalf he is acting is authorised to receive; or (c) except, in the course of legal proceedings or for the purpose of any report of legal proceedings, disclose any information relating to the contents, sender or addressee of any message, being information which would not have come to his knowledge but for the use of communications equipment or facilities by him or by another person in the course of his duty as an employee of the licensed

operator unless authorised by the Authority. Any person who contravenes the above, commits an offence and is liable on conviction to a fine of not less than 200,000 or imprisonment of not more than 2 years or both. (Section 42(2) of Act 524).

OFFENCES AND PENALTIES UNDER ACT 524 Under section 43(1) of Act 524, any person who : (a) installs, establishes or operates any communications system without a licence from the NCA ; or (b) uses any frequency when it has not been assigned or allocated to him by the NCA ; or (c) unlawfully destroys or damages any communications equipment ; or (d) uses communications equipment for the purpose of interfering with any communications station ; or (e) intentionally and unlawfully intercepts communications not intended for the general public, commits an offence and is liable on conviction to a fine of not less than 1 million or to imprisonment for a term not exceeding one year or to both on first conviction ; and on subsequent conviction, to a fine of not less than 5 million or to imprisonment for a term not exceeding two years or to both. Where an offence under Act 524 or any regulation made thereunder, is committed by a body corporate or by a member of a partnership or other firm, every director or officer of that body corporate or any member of the partnership or other person concerned with the management of the firm shall also be guilty and on conviction, be liable to a fine of not less than 1 million for the offence and shall in addition be liable to the payment of compensation for any damage resulting from the breach unless he proves to the satisfaction of the court that :

(a) (b)

he exercised due diligence to secure compliance with the provisions of Act 524 and the offence was committed without his knowledge, consent or connivance.

Where the offence is committed under section 43(1)(a) and (b) above, the court which convicts the offender may order the forfeiture of any equipment used in the commission of the offence. LEGAL HISTORY There has been a recent dispute between GT and Westel, the second network operator regarding the terms of an interconnection agreement executed between the parties. The dispute has accordingly been referred to the NCA for settlement. Some of the issues to be determined are whether GT is frustrating the operations of Westel by disallowing the use of Westel's prepaid phone card on GT's network and revenue-sharing between the parties when a consumer uses a Westel phone card on GT's network.