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BTC-Quantum row lands in court

Communications became a legal issue yesterday as the two competitors went to the Supreme Court to resolve their disputes.

But the protaganists will have to wait another day to find out if BTC has won a stay against an order that it link Quantum to its local telephone network -- after a day of legal argument court proceedings finally ground to a halt yesterday evening without a decision being reached. The case will continue in court today.

BTC is appealing an order by Telecommunications Minister Senator E.T. (Bob) Richards that it must connect Quantum Communications Ltd. to its network by today.

As the first part of its case BTC, wants a stay against the order, delaying the connection until the appeal is heard. Yesterday's court appearance by lawyers and executives of the two companies was conducted behind closed doors in Chambers.

Quantum needs the connection with BTC so it can offer voice services to its Hamilton-based customers in competition with the company. The company is arguing that, without the connection, its ability to make money is severly hampered.

BTC argues that it won't make the connection because Quantum's telecommunications licence is invalid.

BTC claims that Quantum is a reseller because it leases its fibre-optic network from majority owner Belco Holdings Ltd., while its license requires the company to establish and own its own facilities.

In a previous Royal Gazette story, Quantum president and chief executive officer Jim Sullivan said that the company has since purchased the source of the dispute -- the fibre-optic cable -- from Belco.

BTC wants the terms of Quantum's licence changed and a regulatory framework established so the company can compete under the same rules as Quantum.

Jim Sullivan Graphic file name: SULLI COURTS CTS