The Supreme Court yesterday ordered the Minister of Telecommunications to issue a wireless telecommunications licence to Hardell Cable Television which will give the company opportunity to fulfil its decade-old bid to operate a wireless cable system service.

Puisne Judge Geoffrey Bell signed the order yesterday after Solicitor General Wilhelm Bourne and Minister of Telecommunications Michael Scott spent time allotted for a hearing in open court in intense private negotiations with Hardell owner Harold Darrell and his lawyer Delroy Duncan.

Upon conclusion of their talks, the parties notified the judge that they were ready to present him with an order. He returned to his courtroom to reveal some but not all details of the order that he had signed.

Mr. Justice Bell announced that the Minister had until next Tuesday to issue the licence to operate a wireless cable system service which will transmit visual voice and data images within the 2.5 to 2.76 GHz frequency range of the MMDS spectrum. The licence is pursuant to the provisions of the Telecommunications Act 1986 as amended and the Subscription Radio Services Regulations 2003.

The order also stipulates that the Minister must provide Hardell Cable Television with a 22-month window to launch the wireless cable service.

The rest of the contents of the order were not revealed in open court and the parties refused to discuss the order as another part of the hearing is continuing.

However, it appears that the judge's order ultimately ends a moratorium which former Minister of Telecommunications Renee Webb placed on the issuance of cable licences two years ago.

It also means that Mr. Darrell's company will now have the opportunity to compete with veteran supplier CableVision and two-year-old World on Wireless - which received a licence from Ms Webb in 2003 - in offering cable services to the public.

Mr. Darrell's bid for a licence as a wireless service provider is a long time coming.

His original application dates back to 1995 when wireless technology was brand new to Bermuda.

His lawyer submitted correspondence earlier this week that he said created reasonable expectations that Mr. Darrell would receive a licence once Government amended regulations to incorporate the new technology.

However, late in 2002, Ms Webb revoked the frequencies that had been allocated to his company and on January 21, 2003 placed a moratorium on the granting of new cable licences after first announcing to the media that new applicant WOW! would be the sole company to receive a licence to compete with CableVision.

The Supreme Court has now turned its full attention to her actions on January 21, 2003 and the circumstances of an injunction Mr. Darrell's company served on Ms Webb and the Attorney General the same day in order to halt the licence issuing process.

There is dispute over whether Ms Webb acted in the face of the Supreme Court injunction or whether it was served too late to prevent her from issuing the licence to WOW!

Yesterday, Mr. Duncan outlined his client's argument. Solicitor General Bourne is due to outline Government's case today.