9 May 2013 the owners Sferia SA directed a request for arbitration in a dispute with the Republic o

Ministry of Administration and Digitization entered united refrigeration into a settlement with the company Sferia. The company gets a new frequency. In return, the investors withdrew Sferia claims united refrigeration against the Polish state from the International Court of Arbitration in Paris. The agreement was signed July 16, 2013, and obtained the statute legally binding on 5 August 2013 booking at the new frequency range will be valid until 31 December 2018, the company will not be eligible for any frequency range of the digital dividend to the end of 2015 .
Ministry of Administration and Digitization entered into a settlement with the company Sferia. The company gets a new frequency. In return, the investors Sferia withdraw claims against the Polish state from the International Court of Arbitration united refrigeration in Paris.
In November 2011, the owners of Sferia SA - Cypriot company Juvel Ltd and Bithell Holdings Ltd informed the Polish government that they intend to sue in their assessment of unlawful decisions of the President of the Office of Electronic Communications to the Court of Arbitration in Paris. The dispute united refrigeration was the inability united refrigeration to effectively use the Sferia united refrigeration of radio frequencies in the 850 MHz band, which Sferia would like to build LTE network. The disputed amount was estimated at 475 222 $ 000 (or 1 500 000 000 zł).
Investors are cautioned that if, within six months from the date of notification of the dispute amicable negotiations do not lead to its settlement, will benefit from the right to initiate investment arbitration.
In 2012, the MAC, after a detailed analysis of documents and decisions in relation to Sferia, turned to Sferia to clarify the amount of the claim asserted and the information about how to determine united refrigeration the alleged injury. Any conduct settlement discussions because among other things, require the position of the parties united refrigeration as to the expected compensation. MAC received the relevant information at the end of 2012 (7 November 2012), and therefore was carried out thorough analysis provided by Sferia circumstances and arguments, in particular, the possibility of an amicable settlement.
9 May 2013 the owners Sferia SA directed a request for arbitration in a dispute with the Republic of Poland to the Court of Arbitration of the International Chamber of Commerce in Paris. The application was lodged on the basis of the Polish-Cypriot agreement on mutual protection of investments in 1992 with the protection of important rights and interests of the Treasury united refrigeration Ministry of Administration and Digitization Attorney General authorized the Treasury to make representation before the Court of the Republic of Poland, and preparing for the eventual conduct indicated arbitrator to the bench.
The case was initiated as early as 2003 issuance by the President of URTiP decision of 31 December 2003 on the booking frequency range 838 MHz-843 MHz and 883 MHz-888 MHz, designed for use in fixed-line telephone network in the area of Poland, by 31 December 2018
In connection with the finding of harmful interference reservation was subsequently amended on the basis of the decision of the President of URTiP dated 20 October 2005 (range 838-843 MHz and 883-888 MHz changed to the range 824-830 MHz and 869-875 MHz range of the The Company uses now). Since the subsequent amendment - 19 March 2009 - Sferia has the right to use frequencies allocated united refrigeration to it both in the fixed and mobile. united refrigeration At the same time UKE refused to issue radio licenses on the basis of this decision due to the fact that the exercise of that decision by Sferia would generate noise in the radio frequency band covering the digital dividend and the frequencies allocated in the EU for use by GSM-R system, which would constitute a real threat to the security rail transport.
Minister of Administration and Digitization as the minister responsible for communications has been appointed to conduct the proceedings of the government of Poland. MAC has made a thorough analysis of the arguments on the case in question, both in terms of entry into the dispute, as well as the possibility of an amicable settlement of the issue, with a view to finding a solution that will minimize the negative effects united refrigeration of the Treasury.
- The problem with the possibility of performing the business of Sferia using the frequency bands allocated to the Company united refrigeration no longer resides in the original allocation united refrigeration of frequencies, ie in the decision of 31 December 2003, as can be seen by the fact you need to change this decision united refrigeration due to the disruption in work GSM network.
- Grant Sferia decision united refrigeration of 20 October 2005 the non-harmonized united refrigeration internationally band will at present serious problems for the issuing of radio licenses Sferia, because in most cases the President of UKE - in the process of international coordination - receives the position of the neighboring states of lack of consent or agreement of the condition .
- Decision of UKE March 2009