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Telecoms universal licences could still be a year away

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Digicel CEO Wayne Caines

By Marina MelloDespite Government’s commitment to make telecommunications reform a priority, it could still take up to a year for the industry to be opened up and universal licences to finally be granted.Industry insiders said this is why much is riding on the outcome of a legal dispute involving Government and four of the Island’s Telecoms providers.Digicel was forced to halt its new long distance service offered through sister company and ISP Transact last Thursday afternoon after Government lawyers formally opposed it in Supreme Court.The wireless provider, which had just days earlier declared it had been “totally successful” in defending the right to offer the service, was forced by Judge Ian Kawaley to take down all advertising of it and no longer offer it while legal action was pending.Digicel said those who had already signed up will continue to have the service, which the company hoped to eventually resume offering.Another hearing on the dispute is scheduled for later in November with the AG’s being given 21 days to file its affidavits ahead of a full hearing.Digicel slammed Government over Friday’s ruling - accusing the Department of Telecoms’ lawyers of failing to properly explain why they were objecting to the service.“Unfortunately, the Attorney General’s Chambers does not appear to have formulated any cogent or coherent objection despite being given an opportunity to do so over the last seven days,” Digicel CEO Wayne Caines said after the ruling. “This is rather startling given that the relevant Ministers and their departments were kept fully informed during and after the necessary governmental approvals were obtained.”However, both TBI and CellOne hailed the ruling.TBI president Greg Swan told The Royal Gazette on Friday, “We are still of the belief the long distance service as marketed by Digicel is outside of the scope as established by the current licensing regime.”CellOne said: “The ruling is consistent with what we’ve been saying all along.”CellOne COO Frank Amaral said in a statement on Friday: “The Attorney General’s Chambers cited a number of concerns with the Transact purchase and that Digicel had ‘jumped the gun’ and ‘broke ranks’ ahead of planned regulatory reform measures.“In particular it cited documentation from the Department of Telecommunications which confirmed that Class C ISPs such as Transact could not offer long distance service to mobile subscribers on a direct dial basis. By the close of the hearing the Supreme Court not only refused Digicel’s original injunction application requiring that CellOne provide interconnection but that Digicel must immediately cease their current offering of long distance service to all customers.”Trying to move reform along, Minister of Environment, Planning and infrastructure Walter Roban held a meeting with telecoms providers on Friday to share with them the Regulatory Authority and Electronic Communications Bills due to be tabled November 18.It’s understood the meeting lasted 15 minutes and the Minister issued draft copies to all attendees with their feedback responses due back by November 4.There was no review of the legislation and the Minister indicated the drafts had not materially changed since the last consultation with providers.

TBI president Greg Swan
CellOne COO Frank Amaral