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TBi to fight Commission’s order to shut down WiFi services

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Dispute: TBi is fighting the Telecoms Commission's order to close down its WiFi services in Hamilton and Dockyard

TBi said it plans to fight a Telecommunications Commission ruling ordering it to shut down its WiFi service in Dockyard and Hamilton.The service, heavily used by visitors to Bermuda, especially cruise passengers, was rolled out in Dockyard in March, and Hamilton this month, turning those areas into TBi WiFi zones at rates starting at $3 an hour.But the Commission ruled both Wedco and the City of Hamilton were in “contravention of the law” and must obtain Public Telecoms Service Licences in order to continue offering the service to the public with TBi.“We have received the notification from the Commission,” TBi president Greg Swan said in response yesterday. “We strongly disagree with their findings and intend to appeal their decision.”It is understood that the WiFi service will continue to be offered by TBi during the appeals process.Edward Benevides, City of Hamilton COO and secretary, commented: “The complaint issued by the Telecommunications Commission was sent to TBi and they will respond accordingly.”Wedco did not respond to a request for comment.The Commission’s order follows complaints about the service filed by Logic and North Rock Communications that claimed TBi was operating outside the scope of its licence and Wedco and the City of Hamilton did not have licences to provide internet to individuals.The Commission’s order for TBi to cease providing the WiFi service to Wedco and Hamilton was made in a letter to the provider on Friday signed by Commission chairman Ronald Simmons.He said the Department of Telecoms would be writing to Wedco and CoH officials to advise them they needed a licence.A copy of NorthRock’s complaint about the service says TBi is in “contravention of its duty to ‘refrain from any act or practice which is intended, or is likely, to have the effect of lessening competition’ as per Section 21(f) of the Act as well as operating outside the scope of TBi’s licence”.The complaint further said TBi was licensed to provide e-mail and internet to commercial customers only. NorthRock contended that TBi was in fact providing internet to individuals, who obtain it by scanning themselves for the TBi WiFi Zone and then proceeding with the connection process.In NorthRock’s opinion, that falls under the retail/residential internet category.The complaint added that if it’s considered that Wedco and the CoH are providing the internet access, then Wedco and CoH would require a licence to provide internet to individuals, which it did not have.TBi launched Wi-Fi in Hamilton earlier this month, turning the city into a Wi-Fi hot spot, with rates starting at $3 for an hour and $9.99 for the day.And back in March, TBi teamed up with Wedco to turn the whole of Dockyard into a WiFi hot spot, a service that’s become especially popular with the thousands of cruise visitors in the West End.The Commission’s order to shut it down sparked debate online, with some readers questioning the logic of the decision.“This does not make sense,” a reader said. ”TBi is the carrier not Wedco or CoH. These two locations are just like the Airport. You don’t see DAO being a licensed carrier- even if the service is ‘free’. Once again over-regulated Bda strikes again.”Another reader commented: “The Corporation and Wedco are not offering telecom services, they are allowing a licensed provider into their space, so on the face of it the Commission’s action does not make sense. Also we have know ever since Bermuda day when TBi announced they were testing for a planned launch so the Commission should have known as well.”And a reader asked: “So have the various hotels and guest houses offering WiFi for a fee been shut down as well?”

TBI president Greg Swan