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Bean urges telecoms firms to stop wasting resources on litigation

Environment Minister Marc Bean

Minister of Environment, Planning and Infrastructure Strategy Marc Bean is appealing to the Island’s telecoms providers to stop spending time and energy on litigation and focus on Government’s planned reform of the industry.Speaking in the House of Assembly on Friday, Mr Bean said the industry’s efforts needed to be “squarely focused on the implementation of the plans for reform and the issuance of the first ICOL (Integrated Communications Operating Licence)”.His comments came after The Royal Gazette reported on Friday that the Telecoms Commission has found Digicel and Transact were not in compliance with their licences. The Minister, however, told the Commission that before he makes his decision in the case he needs more information on how it reached its findings.The Minister is under no obligation to take the advice of the Commission. In any event, Digicel has indicated it will likely seek a ruling from the courts in the dispute.In the House on Friday, Mr Bean said: “Mr Speaker, there may be a perception that some players in this industry have been testing the boundaries of their respective licences. While this may be debatable, what is not debatable is that directing energy, scarce and valuable resources towards litigation does very little to contribute to the progress towards the reform that we all are striving for and the reform that Bermuda deserves.”A copy of the Commission’s written findings and the Minister’s response was obtained by The Gazette on Thursday night.The Commission was asked back in December to look into whether the international long distance service that Digicel and sister company Transact launched was in compliance with the terms and conditions of their licences.Chaired by Ronald Simmons, the Commission said that having considered written and oral submissions, it “finds that the actions of Digicel and Transact are not in compliance with the respective licences they currently hold”.The Commission said: “Specifically: No interconnection agreement between Digicel and Transact has been approved by the Commission as required. Therefore, no traffic can legally be shared between the two companies.”Minister Bean wrote to the Commission on May 10, that “regrettably, these reports do not position me to evaluate this matter fully as the reports do not set out the reasons for the Commission’s findings ...“In order for me to consider the recommendations of the Commission fully, it is therefore necessary that the Commission, as soon as possible inform me of the basis upon which its findings were made, the evidence relied upon and the facts used to justify its findings.”In response to the decision, Digicel said: “We do not accept the findings which are seriously flawed in fact and law and indeed the Commission has addressed matters that were never included in their terms of reference or addressed at any stage of the hearing.“In any event, this matter is before the Supreme Court on 29 May and will be resolved conclusively by the Court.”