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North-West Telecom

February 21, 2008

The Federal Antimonopoly Service for Murmansk Oblast has not confirmed alleged violation of the Law on Advertising by the Murmansk branch of OJSC N.W.Telecom

On 11th February 2008 the Commission of the Office of the Federal Antimonopoly Service (UFAS) for Murmansk Oblast for Examining Actions Brought on the Basis of Signs of a Breach of the Legislation on Advertising stopped the proceedings against the Murmansk Branch of OJSC N.W.Telecom , as the alleged violations of the law on advertising were not proven when the presented materials were examined.

On 28th December 2007 UFAS for Murmansk Oblast received an application from a citizen of Severomorsk, according to whom the Murmansk Branch of OJSC N.W.Telecom was holding the New Year in the Avant-guard Style advertising campaign with a violation of the Law on Advertising , viz., without having the technical capacity of providing the service .

The Murmansk Branch of OJSC N.W.Telecom provided UFAS with complete information on holding the New Year in the Avant-guard Style advertising campaign. In all materials of the advertising campaign it was stated that the Avangard service was provided to individuals – subscribers of the Murmansk Branch of OJSC N.W.Telecom – from the 1st till the 31st December 2007 on condition that there was the respective technical capacity. It followed from the presented materials on installed and free capacity of the ADSL ports of the branch's network and the number of registered and satisfied applications that as of the moment of the start of the advertising campaign there was the technical capacity of connection to the Avangard service in Severomorsk where the applicant resided. Thus, the Commission of UFAS did not find any facts of violation of the advertising legislation when examining the materials of the case.

Guided by articles 33 and 36 of the Federal Law On Advertising and in compliance with clause 36 of the Rules for the Antimonopoly Agency Examining Actions Brought on the Basis of the Signs of Violation of the RF Legislation on Advertising, the Commission of UFAS for Murmansk Oblast took a decision to stop the proceedings on the suit brought against the Murmansk Branch of OJSC N.W.Telecom .

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On 31st January 2008 the Court of Arbitration of St. Petersburg and Leningrad Oblast upheld the claim of OJSC N.W.Telecom as the plaintiff as to overruling the Resolution and Prescriptions of the Office of the Federal Antimonopoly Service (UFAS) for St. Petersburg and Leningrad Oblast of 14.09.2007 in re the signs of violation of the Federal Law "On Advertising" by OJSC N.W. Telecom. ( see the information of 18.02.2008 ).

The said decisions show that OJSC N.W. Telecom as an advertiser acts strictly in compliance with the RF legislation and is ready to prove its case through the court. While offering its services to subscribers, OJSC N.W. Telecom observed the generally adopted practices and the standard s of the business custom.

 

 

 

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