12/14/2011

START DATE

END DATE

28-Feb-12

Telecommunications (Bermuda & West Indies) Ltd. (Digicel) and Transact Limited vs. Bermuda Digital Communications Ltd. (CellOne) TeleBermuda International Limited Ministry of Environment Planning & Infrastructure Strategy Ministry of Business Development & Tourism

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

Supreme Court of Bermuda

Telecommunications and media law

Richard Ground

Victor Lyon QC Jan Woloniecki Nathaniel Turner

Larry Mussenden Shade Subair; Tim Marshall Kevin Taylor; Anthony Cottle; Venous Memari; Saul Froomkin QC Venous Memari

FACTS OF THE CASE:

Digicel initiated the case to compel CellOne to provide interconnection for long distance service via Transact. The dispute expanded to include legalities of service under licenses and the actions of ministries

SUMMARY:

Whether CellOne is obligated to provide interconnection to Digicel and Transact legality of Transact's long distance service marketing under Digicel brand

OUTCOMES:

Stay of proceedings in favor of Telecommunications Commission's adjudication bias and procedural concerns raised regarding the Minister and Commission's handling

RULED IN FAVOUR OF:

Telecommunications Commission

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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