connect with Quantum Communications Ltd. has failed.

BTC argued in the Court of Appeal that the provision of the Telecommunications Act 1986, requiring a carrier to establish connections with other carriers, was unconstitutional.

Lawyer Mark Diel for BTC based his argument on section one of the Constitution which provides for the freedom of assembly and association.

Mr. Diel said the Telecommunications Minister's directive to interconnect with Quantum compelled BTC to associate with Quantum and therefore violated its freedom of association.

The Court of Appeal judgment, written by Sir Alan Huggins and delivered yesterday, said: "The case turns upon the meaning of the word `associate'.'' Mr. Diel argued that "associate with'' means "to meet frequently or have dealings'' and that the four other definitions of "associate'', as set out in the Oxford English Reference Dictionary, did not apply.

But the Court of Appeal did not agree, saying "associate'' means to "combine for a common purpose''.

BTC appeal Since the Minister's directive aim was to introduce competition, the meaning Mr. Diel was attempting to attach to "associate'', did not follow.

Sir Alan said: "Not every dealing between two or more persons necessarily involves their associating within the meaning of the constitution...'' The Court of Appeal therefore concluded that BTC was not hindered in its enjoyment of its freedom of association and dismissed the appeal.

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