having to interconnect with a rival. But BTC is also claiming a victory from another ruling. Ahmed ElAmin reports In two decisions that had both sides claiming victory, Supreme Court Puisne Judge Vincent Meerabux yesterday ruled that the Bermuda Telephone Co. Ltd.

(BTC) has a duty as a licensed telecommunications carrier to interconnect its network to competitor Quantum Communications Ltd.

That decision had Quantum claiming victory in the legal battle among telecommunications companies.

In a second decision Justice Meerabux ruled that Government did not have the authority in a ministerial order made last year forcing BTC to connect Quantum to its network. BTC claimed that was a victory and lawyers were last night considering whether the next step was to disconnect Quantum from its network.

Quantum's lawyer Tim Marshall said the decision in favour of the company meant that BTC would now have to keep the interconnection with Quantum. The courts had ordered BTC to connect Quantum earlier this year until the cases were heard.

Justice Meerabux dismissed BTC's claim that The Bermuda Constitution protected the company from having to interconnect with a competitor. BTC's lawyers argued that under Section 10 of the Constitution BTC cannot be forced into an association it does not want.

Justice Meerabux ruled that BTC in being a licensed carrier had agreed to comply with the Telecommunications Act and the provisions designed to maintain order in the sector.

"The main battle has been won,'' Mr. Marshall said. "By ensuring BTC did not succeed under the Constitution it means interconnection is a duty for all carriers. It's a victory for Quantum and for other carriers.'' Quantum needs the connection so it can compete in the local market with incumbent BTC. The connection is necessary for both companies customers to talk to each other.

Mr. Marshall said even though Justice Meerabux upheld BTC's appeal of the August 1998 order to interconnect, practically the Minister of Telecommunications could use other sections of the Act to achieve the same end.

BTC lawyers Mark Diel said the question still remained open as to whether the company could now kick Quantum off its network.

"That's an interesting question on which we are still advising our client,'' he said.

BTC was appealing an order made last year by former Telecommunications Minister E.T. (Bob) Richards that it must connect Quantum. Mr. Richards had imposed the order after the company appealed a similar decision by the Telecommunications' Commission.

Both companies are considering whether to appeal the decisions.

Tim Marshall: `The main battle has been won'