Antimonopoly Agency’s instruction to allow the communications service agency to raise mobile Internet prices illegal is legally unfounded, the Ministry of Justice says answering a letter by Ghafour Erkayev, the head of the Association of Mobile Operators of Tajikistan.
An official reply to Erkayev’s letter signed by the Frist Deputy Minister of Justice, A. Kholiqzoda, in particular, notes that the Antimonopoly Agency’s instruction has not been placed on the Justice Ministry’s registry, and therefore, it cannot serve as foundation for regulation of prices of mobile communications services.
In accordance with Article 89 of the Law of the Republic of Tajikistan on Standard, the Ministry of Justice checks compliance of standard acts of the ministries, committees and agencies with the country’s legislation.
The Law on Standard Acts, in particular, stipulates that legal acts that did not undergo state registration in compliance with the country’s legislation cannot serve as foundation for regulation of appropriate legal relations and application of sanctions for nonfulfillment of instructions contained therein.
So, it turns out that the Antimonopoly Agency’s instruction cannot serve as foundation for regulation of prices of mobile communications services.
Recall, by Antimonopoly Agency’s instruction on tariffs for telecommunications that was issued on March 4 mobile Internet is expected to rise in cost in Tajikistan beginning on March 27.
The Antimonopoly Agency announced in early March that as of March 27, mobile telecommunication services providers will be able to sell online data for no less than 0.05 somoni per megabyte and the price for one minute of mobile international call, including NGN communications, will amount to no less than 1.00 somoni (taxes not included).
The March 4 order was justified by a curious interpretation of the law of supply and demand. Rajabali Mahsiddinov, an official with the Antimonopoly Agency, noted that mobile operators would now be in a position to provide better online speeds.
According to him, they commit to increase the Interne speed from 512 megabyte per second to 1,024 megabyte per second.
“Besides, mobile operators should provide 4G and LTE communications in the whole territory of the country,” Mahsiddinov said.
