CableVision plans to appeal Commission’s refusal of 12 and 20-meg services
Bermuda CableVision yesterday said it planned to appeal the Telecoms Commission’s refusal to allow it to offer higher-speed 12 and 20-meg Internet service to customers.The company put its legal case against the Commission on hold to now appeal the decision to the Minister of Environment, Planning and Infrastructure Marc Bean.The Commission yesterday refused to give its reasons for turning down Cablevision’s application.“Bermuda CableVision Limited indicated in court (yesterday) morning that it intended to appeal the decision of the Commission to the Minister and it left the judicial review proceedings in place, though inactive for the moment,” the Ministry said in a statement on behalf of the Commission.“In the circumstances, it would be inappropriate for the Commission to make any comment until this matter has been finally resolved. The Commission does not wish to risk influencing the Minister or the Court by making any comment at this time.”CableVision also declined to provide any of the reasons given for the rejection.The company’s lawyer Ben Adamson told the Supreme Court yesterday that it learned of the rejection on Monday and “naturally CableVision is unhappy with that”.CableVision took legal action after waiting more than a year for a decision from the Commission to launch the 12 meg and 20 meg service. Currently it can only offer up to 8 meg service.It finally got a decision from the Commission on Monday, just a few days before the Supreme Court hearing on the dispute.“We are being forced to remain in the slow lane,” Mr Adamson told Judge Ian Kawaley.The Commission was represented in court by Paul Harshaw of Harshaw & Co Barristers and Attorneys.CableVision has also requested a second judicial review to challenge exclusivity agreements such as the one between Bermuda Broadcasting Company and CBS.That case was also adjourned pending filing of documents.Before the decision was given on Monday by the Commission, Bermuda CableVision general manager Terry Roberson had argued: “We had hoped that the Commission would welcome innovation and the chance for customers in Bermuda to experience the kind of speeds which are now common in other jurisdictions, as well as a more affordable high-speed offer, but unfortunately we have been waiting for over a year and the Commission has still not made a decision.”Cablevision’s complaint argues: “Pursuant to section 24(4) of the Telecommunications Act 1986, the Commission must conclude such enquiries ‘as expeditiously as possible and in no case in more than 30 days or such longer period as the Minister may allow’. In this case the Minister has not allowed further time.”Mr Roberson added: “Secondly, Bermuda CableVision wishes to reopen negotiations with various broadcast and network vendors to ensure that it can continue to offer its cable subscribers full and varied programming, but is prevented from doing so due to certain existing exclusivity arrangements, such as that between Bermuda Broadcasting Company and CBS.”