Government and World on Wireless! yesterday asked the Supreme Court to throw out judicial review proceedings initiated by Hardell Cable TV and Hardell Entertainment.

Hardell owner Harold Darrell has asked the court to review the manner in which the Minister of Telecommunications issued World on Wireless (WOW) a licence for its cable television service.

The review was to begin yesterday, but Solicitor General Wilhelm Bourne and WOW lawyer Megan Lewin asked Acting Puisne Judge John Riihiluoma to strike it out on the grounds that Hardell had failed to file the challenge within a six-month time limit from the date the licence was issued to WOW.

Hardell lawyer Richard Horseman said the challenge stemmed from a later date.

Hardell is asking the court to quash the licence on the basis that WOW is operating a ?radically different? system from what was originally approved by the Telecommunications Commission.

In October 2002, WOW submitted a plan to use MMDS, or microwave line-of-sight transmission.

After Hardell filed an injunction in January, 2003 claiming prior rights to the frequencies, WOW moved its service to a UHF system.

Hardell argues that when the company switched from the MMDS format to the UHF format, the matter should have been referred back to the Telecommunications Commission.

The company argues that the Class 7 licence under which WOW is operating does not apply to its current broadcasting equipment.

Mr. Horseman told the court yesterday: ?The licence no longer applies and is bad due to the new system they implemented.?

Mr. Bourne argued that Section 33 of the Telecommunications Act granted the Minister the right to determine and assign frequencies.

Mr. Bourne and Ms. Lewin also argued against an affidavit filed by Mr. Darrell. Ms. Lewin asked the Supreme Court to strike down the whole affidavit because large sections of it were irrelevant. Mr. Bourne said the document raised matters which required Ministry response.

He said: ?There are new and irrelevant matters being raised and the Minister has not had fair opportunity to deal with them.?

Mr. Justice Riihiluoma is to resume the hearing this morning.