ATC Ghana Prevails in ICC Arbitration Against Airtel Ghana Over Unpaid Tower Fees
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TL;DR
- American Tower Corporation's Ghana subsidiary won an ICC arbitration against Airtel Ghana regarding unpaid tower fees.
- The dispute centered on arrears from tower infrastructure payments owed by AirtelTigo (now AT Ghana).
- The arbitration follows several years of debt accumulation and government intervention to maintain telecom services.
- The outcome impacts ongoing restructuring, potential investment, and the enforceability of arbitral awards under the New York Convention.
Overview
American Tower Corporation's (ATC) Ghanaian subsidiary has prevailed in an international arbitration administered by the ICC against Airtel Ghana, concerning the non-payment of telecommunications tower service fees. The dispute stemmed from significant arrears owed by AirtelTigo, later rebranded as AT Ghana, for access to ATC's tower infrastructure-a contractual issue that persisted across several years and played into a broader sector-wide financial crisis in Ghana's telecommunications market.
What Happened
AirtelTigo, formed in 2017 through the merger of Bharti Airtel and Millicom's Ghana operations, entered into industry-standard agreements with ATC Ghana for telecommunications tower services. As a result of ongoing non-payment, debts accrued substantially over several years.
By March 2025, the amount owed to ATC alone was reported at GH¢1.5 billion, with the overall debt on AT Ghana's books exceeding GH¢3.5 billion (approximately USD 225 million). Some sources indicated the ATC-related debt may have surpassed GH¢2 billion by the time of service risk escalation.
On September 1, 2025, ATC Ghana began disconnecting AirtelTigo's radio access network sites due to the unpaid fees, endangering services for more than three million subscribers. The National Communications Authority and the Ministry of Communication intervened, arranging emergency roaming via Telecel Ghana to prevent service outages.
Subsequent government actions included appointing KPMG to review AT Ghana's financial position and considering options such as new investment or a potential merger. In May 2025, a memorandum of understanding was signed between the government and Canada's Rektron Group for a prospective majority acquisition of AT Ghana, pending regulatory approval.
The ICC arbitration award in favor of ATC Ghana now introduces further complexity for ongoing restructuring and investment processes, as the matter of enforcement under Ghana's obligations to the New York Convention is raised.
Context
The dispute and arbitration occurred amidst substantial market changes, including government takeover of AT Ghana and ongoing sector restructuring. The government acquired AirtelTigo in November 2021, absorbing debts and liabilities to stabilize the market.
Institutional scrutiny of enforcement is heightened, as both investors and observers view swiftness and completeness of court action on the arbitral award as a key measure of Ghana's dispute resolution climate. The arbitration comes as Ghana continues to make policy commitments to expand and modernize its digital infrastructure under the Digital Agenda 2030.
Why It Matters
- The ICC award impacts the financial and operational restructuring of Ghana's third-largest mobile provider, AT Ghana, at a sensitive juncture for the company and the wider sector.
- Prospective investors in Ghana's telecom infrastructure will monitor how Ghanaian courts enforce the arbitral award, as this will influence perceptions of the country's investment climate and dispute resolution reliability.
- The case exemplifies industry challenges with tower infrastructure agreements and highlights the importance of effective contractual enforcement mechanisms in emerging markets.