constitutionality of the Telecommunications Act.

BTC lawyer Mark Diel -- in the first day of BTC's appeal against clauses in the Telecommunications Act which dictate that all carriers on the Island interconnect -- contended that the BTC's constitutional right to freedom of association is being breached as they are "forced to associate with carriers'' against their will.

At issue is a section of the Act which requires BTC to interconnect with Quantum. The specific clause stipulates that it is the duty of all carriers on the Island to interconnect with all other carriers on the Island.

"No-one in Bermuda can be forced to associate with anyone against their will,'' Mr. Diel asserted. "But by being forced to interconnect we are being forced to have dealings with Quantum.

"These sections force us to associate with other carriers and people we do not wish to associate or have dealings with,'' Mr. Diel pointed out. "We could be forced to interconnect with not only Quantum, but BBC, VSB, Logic Communications, and North Rock.'' Mr. Diel argued BTC should have a constitutional right to choose whom it wished to do business with. He held this "right'' has been hindered and contended that BTC does not qualify as a special type of business that would have an exemption.

Mr. Diel said BTC had no choice in becoming a licensed carrier.

"It was forced on us,'' he said, "and we cannot get out of it, save if the Act is repealed or amended.

"The situation for Quantum is quite different,'' he added, "as they can decide they don't want a licence and simply cease operation.'' The Court of Appeal will hear submissions from Solicitor General William Pearce and Quantum's lawyer Tim Marshall when the case continues today.

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