ATC Prevails in ICC Arbitration Against AT Ghana Over Unpaid Tower Fees
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TL;DR
- ATC Ghana won an ICC arbitration against AT Ghana (formerly AirtelTigo) regarding unpaid telecommunications tower fees.
- The tribunal's ruling follows years of accumulating debt from industry-standard tower-sharing arrangements.
- The outcome increases pressure on the Ghanaian government and potential investors amid restructuring efforts.
Overview
American Tower Corporation's Ghanaian subsidiary (ATC Ghana) has won an international arbitration before the ICC International Court of Arbitration against AT Ghana (formerly AirtelTigo) regarding unpaid fees for use of telecoms tower infrastructure. The decision formally resolves a protracted contractual dispute affecting the country's telecom sector.
What Happened
ATC Ghana initiated arbitration to recover unpaid fees from AT Ghana, which had accumulated significant arrears from tower-sharing services.
The dispute arose after AirtelTigo (rebranded as AT Ghana subsequent to government takeover) reportedly failed to pay recurring charges for tower infrastructure, with estimates of the debt owed to ATC ranging up to GH₵2 billion.
As a result of non-payment, ATC Ghana began disconnecting power to AT Ghana's network sites in September 2025, leading to emergency intervention by the National Communications Authority and Ministry, including a temporary roaming arrangement with Telecel Ghana to maintain service.
The ICC tribunal's decision affirms ATC Ghana's claim, and enforcement proceedings are now anticipated in Ghana, given the country's obligations under the New York Convention.
Context
AirtelTigo was created in 2017 from the merger of Bharti Airtel's and Millicom's Ghanaian operations. The company became wholly owned by the Ghanaian government in 2021, along with its liabilities, after a nominal purchase.
The government is seeking a turnaround for AT Ghana, and a memorandum of understanding was signed in May 2025 with Canada's Rektron Group and local partner Afritel Ghana for a prospective 60 percent acquisition, pending regulatory approval.
Legal observers note that Ghanaian courts' approach to enforcing the award will be watched by infrastructure investors, as it may affect perceptions of the country's dispute resolution environment.
Why It Matters
- The tribunal's award could factor into ongoing restructuring and investment deliberations for AT Ghana.
- Prompt and effective enforcement of the arbitration outcome may affect investor confidence in Ghana's telecom infrastructure sector and the efficiency of its legal system.
- The case highlights the operational and financial pressures within Ghana's telecom sector and the necessity of reliable dispute resolution mechanisms.