The Supreme Court has overturned a decision by Minister of Telecommunications Michael Scott which barred Cellular One from offering Internet service.

Yesterday?s ruling by Puisne Justice Norma Wade Miller effectively means the company can offer high speed Internet service in direct competition with all other Internet Service Providers on the Island.

History behind the dispute between the Ministry of Telecommunications and Cellular One parent company Bermuda Digital Communications dates back more than a year, when Cellular One began advertising its new ?Wireless Data Access? service. The mobile phone company?s move onto their turf upset the Island?s ISPs, who argued that their Class C licences gave them the explicit right to offer access to the Internet.

After the ISPs complained, the Ministry of Telecommunications issued a cease and desist letter to Cellular One on the grounds the service was in contravention of its Class B licence which designates it a provider of cell phone services and data services. Soon after the Telecommunications Department executed a search warrant to enter Cellular One?s Reid Street shop to disconnect its wireless broadband service, otherwise known as the ?Bull?.

In November, Minister Scott deemed ?The Bull? service outside of Cellular One?s licence. Under the Telecommunications Act 1986, BDC appealed his decision to the Supreme Court.

Yesterday, in her ruling on the dispute, Justice Wade Miller noted that with fast-evolving technological development, drafting appropriate regulatory language is not easy. However, she noted that while the statutory scheme laid out explicit permissions in some cases, it did not specifically mandate that Internet service providers may only operate under a ?Class C? licence. She added that the Class B licence should have spelled out restrictions if its intent was to restrict BDC to its own network and not permit it to use international networks.

Whether or not Cellular One will bring back the ?Bull? in its previous form remains to be seen. Since the Minister?s ruling, the company has partnered with ISP FKBNet to offer Internet service. While the judge?s ruling effectively ends the need for BDC to partner with any ISP, the joint offering is going to continue as long as FKBNet is willing, said Michael Leverock, chief operating officer of BDC yesterday.

While his company is ?delighted? by the ruling, Mr. Leverock said: ?It is unfortunate we had to go through this whole process but that is the nature of business sometimes.?

He added: ?The good thing is we?re going to forge forward with rolling out new products and services for the public and of course continuing to bring new and advanced technology to the Island.?

Cellular One is in the midst of upgrading its high speed data network so it can provide customers with on average 500Kbps (up and down) and bursts of up to 2Mbps. Plans are in the works to introduce a new user device, fondly called the ?Bionic Bull? late this summer to provide voice, broadband Internet and Wi-Fi capability.