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'Premature' writ is dropped by CableVision

CABLEVISION has withdrawn a writ filed against competitor World on Wireless (WOW) and Telecommunications Minster Ren?e Webb.

The cable company threatened suit against the wireless provider and the Department of Telecommunications, having expressed concerns that the frequency awarded to WOW could interfere with the signal of other telecommunications providers.

In addition, CableVision boss Jeremy Elmas said he was unhappy with the procedures Government had followed in issuing WOW its licence ? granting permission for transmissions on a UHF frequency instead of the MMDS spectrum it had initially applied for.

Yesterday, Mr. Elmas said the writ had been withdrawn because it was "premature" but that he would be in touch with the Telecommunications Ministry to ensure his company's interests were protected for the future.

"Through the legal action it came to our attention that no frequencies, and not all necessary licences had been issued to WOW," he said. "As a result our writ was premature and has been withdrawn. In the meantime, we plan to send information to the Ministry of Telecommunications to ensure no frequencies are issued that would conflict with CableVision's service."

The news of the withdrawal of the writ broke as CableVision held a press conference yesterday, announcing it was to offer a slew of additional channels on a digital service provider.

WOW president Gavin Wilson refused to speculate on why the writ had been withdrawn.

"It came to our attention that this might happen and I believe it has happened," he said. "I don't think they've given any reason and I don't know why other than our lawyers, Cox, Hallett & Wilkinson contacted us to say (CableVision) was contemplating dropping this lawsuit against the Bermuda Government and ourselves ? we were co-defendants. And from what I understand they have actually done so."

When asked whether he believed another writ was imminent, Mr. Wilson said: "I think this is the first of probably several but that's just me speculating. I think you could turn to (anyone) and ask that question and they'd (agree). I could ask you that question. What do you think?"

The cable row began after WOW applied for a licence in a public hearing in 2002 along with two other companies ? Hardell Cable TV Ltd. and SGC Ventures. WOW was granted the licence and is now preparing to offer residents a 114-channel service.

In January of the following year, Hardell filed a writ against Government, claiming entitlement to the licence that WOW was issued and accusing the Telecommunications Minister of blocking a licence it received in the late 1990s for the same service. The third applicant, SGC Ventures, threatened possible suit if Hardell received a licence. CableVision, which currently holds a monopoly in the industry, filed suit last December 19.

Yesterday, Mr. Wilson said his company had greater concerns than writs or possible writs being issued ? seeing its service up and running.

"We had great difficulty trying to understand what (CableVision's writ) was about in the first place, although we had a vague idea," he said. "I think they wanted to see our licence, and had been unable to do so.

"I think they were trying to use the auspices of the courts to look at the licence. And I think there were concerns about our transmission interfering with their transmission.

"My view is that any moment that we spend on writs and all this kind of thing is time diverted and the other side wins. Every time you have to pay attention to it, that's the way it goes. If that's what they're attempting to do, take our attention away from the job at hand, then that scores a point.

"But at the end of the day it's going to be the public that decide what they want; who's going to do well, who isn't going to do well."

While mum on the date his company would launch its service, Mr. Wilson did say that the idea was being well received by the television-watching public.

"The fun of doing business in the isle of sun and fun is (that) you have your wish list of things you want to happen, and then you have to deal with the real world," he said. "The thing is you get pressure from the public, which is wonderful ? they want service tomorrow.

"But when you go out the door, you better be right. You better have all your i's dotted and your t's crossed, because no one's going to take a sloppy service and accept it. If you say you can deliver the goods and do a good job, they want you to prove it. And that's what we've got to do. So, if I've got to wait an extra day, week, to do that, then we will. But the reception from residents (about WOW) has been absolutely mind-boggling. For whatever reasons people have, they are extremely enthusiastic about us coming online."