AG ultimatum forced CableVision to withdraw WOW writ
CableVision was forced to withdraw its writ against World on Wireless (WOW) and Government this week following an ultimatum from the Attorney General?s Chambers.
The cable company had taken out the writ in December because it said it wanted to find out the frequency WOW would operate under and to ensure it did not interfere with its own operations.
CableVision general manager Jeremy Elmas said the writ against WOW and Telecommunications Minister Renee Webb was withdrawn this week because it was ?premature? and a frequency for WOW had not been allocated.
But Principal Crown counsel Philip Perinchief said yesterday that CableVision only caved in after the AG?s Chambers warned it would have the action struck down on Wednesday with costs awarded against the company.
Mr. Perinchief told : ?The CableVision withdrawal was not voluntary.
?The Attorney General?s Chambers in particular instructed CableVision?s attorney that they would have the action struck out because it was premature and there was no cause of action.
?They were given until Wednesday to withdraw it or it would be struck out and costs would be awarded against them. That?s the reason they withdrew it. We were quite confident a judge would have struck down the action on the basis there was no cause of action and it was premature.
?We gave them an ultimatum to withdraw it by Wednesday or face such an application the following day.
?On Wednesday they conceded and withdrew it and sent a consent order for the withdrawal to the AG?s office at 2 p.m. on Wednesday.
?On Thursday, they went to court and withdrew it.?
A letter from the AG?s Chambers to CableVision on January 21 stated: ?The Minister (of Telecommunications Renee Webb) takes the view that your client?s attempt at an appeal is anticipatory, premature and wrongly founded.?
It continued: ?We are of the view that this appeal is vacuous, wrong-footed and speculative at best.?
WOW President Gavin Wilson said in yesterday?s he was baffled by the CableVision action.
The two companies would be using different transmission forms and the only way WOW could affect CableVision was if there was a leak in the CableVision transmission, he said.
WOW, which is offering 115 channels, plans to go on the air by the end of March or early April.
Mr. Elmas could not be contacted for comment yesterday.
