BTC court battle resumes today
Court to keep its network from being interconnected with competitor Quantum Communications Ltd.
BTC is appealing a Government order forcing the company to connect Quantum Communications Ltd. to its network.
This week BTC lawyers Mark Diel and Ronnie Myers have been arguing in court before Puisne Judge Vincent Meerabux that the ministerial order to interconnect is a breach of the Bermuda Constitution.
The lawyers are arguing that under Section 10 of the Constitution BTC cannot be forced into an association it does not want.
BTC is appealing an order made last year by former Telecommunications' Minister E.T. (Bob) Richards that it must connect Quantum Communications. Mr.
Richards had imposed the order after the company appealed a similar decision by the Telecommunications' Commission.
Quantum needs the connection so it can compete in the local market with incumbent BTC. The connection is necessary for both companies customers to talk to each other.
Lawyer Tim Marshall is representing Quantum in court while Government is represented by acting Attorney General William Pearce.
The BTC lawyers are also arguing that the Telecommunications' Commission did not have the authority to issue such a decision as the body did not have the jurisdiction under the Telecommunications' Act.
BTC had previously lost a court battle to stay the order and has since connected its network to Quantum's.
COURTS CTS