11/9/2007
START DATE
END DATE
29-Nov-07
The Minister of Telecommunications v. Bermuda Digital Communications
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Court of Appeal for Bermuda
Telecommunications Law, Licensing, Judicial Review
Hon. Justice Nazareth JA, Hon. Justice Evans JA, Hon. Justice Forte JA
Mr. Larry Mussenden (for Bermuda Digital Communications)
Mr. Melvin Douglas (for the Minister)
FACTS OF THE CASE:
Bermuda Digital Communications Ltd. ("BDC"), trading as Cellular One, launched a wireless internet service called "The Bull," which allowed desktop PCs to connect to the internet using wireless technology. The Minister of Telecommunications argued that BDC was operating outside the scope of its Class B License under the Telecommunications Act 1986, which permitted telecommunications services "within Bermuda" but not transmission "to and from Bermuda." The Minister contended that BDC required a Class C License, which it had applied for but was denied. BDC challenged the Minister�s decision, arguing that its existing license permitted the service.
SUMMARY:
(1) Did BDC's Class B License permit wireless internet access beyond mobile phones? (2) Was BDC required to obtain a Class C License for its service? (3) Did the Minister have the authority to restrict BDC�s operations under the licensing framework?
OUTCOMES:
Appeal dismissed; decision in favor of BDC.
RULED IN FAVOUR OF:
Bermuda Digital Communications (Respondent).
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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The Minister of Telecommunications v. Bermuda Digital Communications
Bermuda Digital Communications Ltd. ("BDC"), trading as Cellular One, launched a wireless internet service called "The Bull," which allowed desktop PCs to connect to the internet using wireless technology. The Minister of Telecommunications argued that BDC was operating outside the scope of its Class B License under the Telecommunications Act 1986, which permitted telecommunications services "within Bermuda" but not transmission "to and from Bermuda." The Minister contended that BDC required a Class C License, which it had applied for but was denied. BDC challenged the Minister�s decision, arguing that its existing license permitted the service.