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CableVision questions commission's validity

CableVision lawyer Alan Dunch, left, and general manager Jeremy Elmas arrive at yesterday's presentation.

There were several questions for the representatives of potential digital cable provider SGC Ventures Ltd. at yesterday's presentation before the Telecommunications Commission.

While Bermuda CableVision lawyer Alan Dunch questioned whether a licence could be granted under the current Telecommunications Act - which only makes provisions for wire service - Stephen West of Coral Cable Network said his company had applied for the same type of licence six years ago - and still had not received a response.

Mr. Dunch queried the validity of the commission to hear proposals for wireless service providers.

"In 1996, I (CableVision) applied for a MMDS (digital) signal under the Public Service Telecommunications Regulation," he said. "But we were told that cable was limited to wire services, not wireless.

"Does the board have the jurisdiction to consider this application and does the Minister have the jurisdiction to grant it?" he asked.

"We are not here today to object to the concept of competition - we are suggesting certain areas need to be probed."

Mr. Dunch asked company representatives to clarify whether they were applying for a licence under current cable television regulations, adding that because, the Act limits cable service to wire communications, the company's application was not valid unless a moratorium was granted, .

In addition, Mr. Dunch called for the company's pricing structure to be examined and pondered how some of its prices could be so low. In its application, SGC said it would charge $19.99 for basic services, $32.50 for luxury, and $49 for the super tier.

"Can the rates they say they are going to offer can, in fact, be offered?" Mr. Dunch asked.

And while he called two of the four letters of intent SGC had received from potential licensees "meaningless", Mr. Dunch implored that the commission probe their programming issues.

Citing section 15 (c) of the Act - which states that an applicant must conclusively prove they are in a a financial position to fund their venture - Mr. Dunch observed there "was nothing that even touches on SGC's financial ability".

"How does this application get off the ground?" he asked. "It fails before it even starts."

And Mr. West also questioned what he perceived as gaps in SGC's application.

"SCG's application is long on promises, but short on detail," he said.