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Govt says 'no change' in telecoms licencing policy

Government has spoken up on the telecoms furore over the new Digicel long distance service that was rolled out after the wireless provider acquired Internet provider Transact.In a statement last night, the Ministry of Environment, Planning and Infrastructure said there had been no change in licencing policy.The statement did not, however, specifically address the Digicel service or give theTelecoms Department's position on the Digicel/Transact licence dispute.The statement said: “The Ministry has not yet seen the ruling and cannot comment further until we have had a chance to do so.“The Government stands behind its previously stated position that there has been no change to the policy of not issuing any new telecommunications licences or changing the conditions of licences until telecommunications reform has been implemented.”The Ministry added: “It should be noted that the Government has been working fairly with all providers without showing favour or privilege to any individual carrier.”Digicel last night claimed overall victory in yesterday's proceedings, declaring the Supreme Court “ruled in favour of Digicel in response to allegations that Digicel is illegally offering long-distance services. Digicel was totally successful in defending the right of Transact to offer a long-distance telephone service to customers in Bermuda in competition with TBI and LinkBermuda. The judge (Puisne Judge Ian Kawaley) accepted that Digicel was entitled to market this service under the Digicel brand name.”Digicel added: “Specifically regarding TBI's injunction against Digicel which would have prevented Digicel from carrying long-distance traffic to Digicel Bermuda customers this injunction has failed. Indeed, it is Digicel's view that the application was wholly misconceived and constituted an abuse of process.”Digicel and Transact also yesterday had applied for an injunction compelling CellOne to provide its customers with interconnection to the Digicel network so they could subscribe to the new Digicel/Transact long-distance service.“This application was successful and seven days from today CellOne must start the process of interconnection unless the relevant Ministers apply to the Court objecting,” Digicel said, adding: “Digicel believes there is no basis for any objection from Government because it has done nothing wrong.”During yesterday's second hearing, CellOne's lawyer Larry Mussenden argued that Digicel may have “blindsided” telecoms regulators into approving its new long-distance service.In his ruling Puisne Judge Ian Kawaley essentially put the ball in the Government's court, urging specifically the Minister of Tourism and International Business Patrice Minors and/or the Environment Minister Walter Roban, to speak up within a week if they don't think what Digicel is doing is within its licence.