US embassy cable - 05ACCRA1389

UNCLAS SECTION 01 OF 02 ACCRA 001389 
 
SIPDIS 
 
SENSITIVE 
 
DEPT PLEASE PASS FOR USTR LAURIE-ANN AGAMA 
COMMERCE FOR MARIA RIVERO 
 
E.O. 12958: N/A 
TAGS: EINV, ECON, KMCA, GH, ECPS 
SUBJECT: WESTEL UPDATE 
 
REF: ACCRA 1110 
 
1. (SBU) SUMMARY:  After three months of negotiations, Westel 
has broken off talks with the GoG and is once again pursuing 
international arbitration.  With the June 30 arbitration 
filing date looming, Westel reached an agreement with the GoG 
that included the mobile spectrum it has sought since the 
late 1990s.  The National Communications Authority (NCA), 
however, contended that it could not assign spectrum without 
Westel signing a mobile license like those signed by Ghana's 
other mobile carriers.  As a result, Westel's parent, 
Seattle-based Western Wireless International (WWI), 
instructed Westel Managing Director Bill Taylor to cease 
negotiations and pursue arbitration.  Taylor acknowledges 
that Westel's finances may not be up to the fight, and WWI 
has not provided extra cash to shore up its subsidiary.  If 
Westel is unable to continue, WWI will have to seriously 
consider a low offer for its stake in Westel.  Westel has 
informally requested Post intervention with President Kufuor 
to end the stalemate.  END SUMMARY. 
 
Latest Westel-GoG Deal in Jeopardy 
---------------------------------- 
2. (SBU) Westel Managing Director Bill Taylor told EconOff 
that he was unable to sign the agreement reached in 
negotiations with Communications Minister Kan-Dapaah and 
Attorney General Ayikoi Otoo before the June 30 deadline for 
payment of $200,000 fees for the next phase of arbitration 
(reftel).  The draft agreement bound Westel to pay $27 
million over eleven years, forgave the $6 million debt owed 
by the GoG for its 30% stake in Westel, and provided access 
to the 900 and 1800 band frequencies Westel contends it must 
have to operate mobile service.  The agreement also 
restricted the GoG's first right of refusal on Westel's 
shares to 30 days.  Taylor stated that Westel's parent WWI 
would be left an investment it could sell to a third party. 
Kan Dapaah called a June 27 "all-parties" meeting to finalize 
the agreement, but the NCA refused to attend. 
 
3. (SBU) On June 28, Attorney General Otoo met with NCA 
Chairman Major Tando to hear NCA's concerns.  Westel sent its 
chief Ghanaian counsel to the meeting.  Taylor said Tando 
insisted NCA could not sign because doing so would jeopardize 
its autonomy from government and entitle Westel to privileges 
not enjoyed by Ghana's other telecom operators.  Tando 
insisted no spectrum could be assigned without a mobile 
operator's license. 
 
THE NCA'S PERSPECTIVE 
--------------------- 
4. (SBU) On July 7, EconOff met with NCA Deputy Director 
Bernard Forsen (PROTECT) to get the NCA's perspective. 
Forsen spent eleven years in the US working in corporate 
finance at internet service provider SNET, and later as 
Director of Strategic Planning at Pitney Bowes.  Unlike many 
of Post's mid-level GoG contacts, Forsen is unafraid to 
discuss details.  (Comment: He even admitted that his boss, 
NCA Chairman Tando, should have resolved this dispute years 
ago.  End Comment.)  Forsen said that every mobile operator 
in Ghana has agreed to -- and paid for -- a mobile license, 
despite having made previous ad-hoc deals with government. 
All operators now pay the same price, including the 
parastatel Ghana Telecom. 
 
5. (SBU) The NCA is willing to provide a license and spectrum 
to Westel based on the cost structure of the June 27 
agreement (which includes a Westel payment of $3 million for 
spectrum), but unwilling to meet Westel's demand that it pay 
out of future dividends and that NCA discount its spectrum 
administration fees.  Forsen said administration costs could 
be pro-rated to match the narrower spectrum Westel wants (75 
percent at $650,000 per year), but Westel insists it will pay 
only $150,000.  Both Forsen and Taylor admit that Westel 
agreed to sign a mobile license during a meeting on July 4, 
only to have the deal fall apart over these same issues: 
administration fees and dividend-based payments. (NOTE: 
Forsen and Taylor admit they ended the July 4 meeting with a 
heated personal exchange. End Note.) 
 
BACK TO ARBITRATION 
------------------- 
6. (SBU) After the failed meeting, WWI instructed Taylor to 
cease negotiations with the GoG and pursue arbitration. 
Taylor sent a letter to the GoG to that effect on July 8, 
copying Post (copy sent via email to State Ghana Desk). 
Taylor told Econoff on July 7 that he was not sure how long 
Westel could keep up the fight, since WWI has decided not to 
help Westel finance the arbitration.  Taylor said Westel 
could not support a long arbitration with its current cash 
flow, which has deteriorated since Westel and the parastatel 
Ghana Telecom lost their exclusive "portal" rights for 
international calls last year. 
 
7. (SBU) Taylor said WWI had received a credible offer for 
its shares in Westel from a group calling itself "ARK4." 
ARK4's primary backer is Mobile Telephone Networks (MTN) of 
South Africa.  The offer was for Westel "as is- where is," 
and was not contingent upon spectrum.  Taylor said WWI would 
consider the offer, which is significantly lower than it 
would be if Westel had a clear license and spectrum. 
 
8. (SBU) Comment:  According to Taylor, Westel is "right 
where it was" when the dispute first began seven years ago. 
It has an MOU committing it to build a substantial network, 
but lacks the spectrum it needs to build it.  Taylor claims 
that much of the spectrum Westel wants is actually in use, 
although the NCA has not licensed it to any party.  The NCA 
denies this, and says it is ready to deliver a clean license, 
but only on terms fair to other operators.  The situation 
now, however, is clouded by serious animosity on both sides, 
and a quick resolution is doubtful.  On July 12, Taylor asked 
Econoff whether the Embassy would be willing to ask President 
Kufuor to intervene in the negotiations to unblock the 
stalemate between Westel and the NCA.  Kufuor is currently 
traveling out of country, but Post will consider ways to 
assist both sides to clear the final obstacle to a mutually 
acceptable agreement.  End Comment. 
YATES