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UPDATE: Court quashes TRC's decision to omit CCT from Spectrum Award Process

- courts overturns TRC’s decision to reject CCT’s application for the 2015 spectrum award process & allows CCT to keep its current spectrum allocation
Caribbean Cellular Telephone (CCT) was successful in their Eastern Caribbean Supreme Court Judicial Review which challenged among other things their exclusion from the 2015 Spectrum Award Process, according to a statement from CCT today January 13, 2016. Photo: Provided
The new court ruling means that the process is now continuing without CCT, the only local Telecommunications Company in the Virgin Islands, as TRC is now successful in the lifting by the court of the ‘Stay’ of the process. In other words, CCT is excluded from the process to be awarded LTE in the Virgin Islands. The CCT Judicial Review hearing was expected to be heard on December 16-17, 2015. Efforts to get a comment from CEO of TRC Guy L. Malone (left) and CCT CEO Romney Averad Penn were not successful. Photo: VINO/File
The new court ruling means that the process is now continuing without CCT, the only local Telecommunications Company in the Virgin Islands, as TRC is now successful in the lifting by the court of the ‘Stay’ of the process. In other words, CCT is excluded from the process to be awarded LTE in the Virgin Islands. The CCT Judicial Review hearing was expected to be heard on December 16-17, 2015. Efforts to get a comment from CEO of TRC Guy L. Malone (left) and CCT CEO Romney Averad Penn were not successful. Photo: VINO/File
The battle between local company Caribbean Cellular Telephone Global Communications (CCT) and the Telecommunications Regulatory Commission (TRC) continues both in the courts and in policy decisions made by the TRC that appear to be adverse to CCT. Photo: File
The battle between local company Caribbean Cellular Telephone Global Communications (CCT) and the Telecommunications Regulatory Commission (TRC) continues both in the courts and in policy decisions made by the TRC that appear to be adverse to CCT. Photo: File
ROAD TOWN, Tortola, VI - Caribbean Cellular Telephone (CCT) was successful in its Eastern Caribbean Supreme Court Judicial Review which challenged, among other things, its exclusion from the 2015 Spectrum Award Process, according to a statement from CCT today January 13, 2016.

It said the court ruled in favour of CCT, overturning the Commission’s decision to reject CCT’s application for the 2015 Spectrum Award Process, allowing CCT to retain its current spectrum allocation, and clarifying services requiring royalty payments.

“…We are very thankful for this decision and hope it paves the way for a fair and equitable spectrum award process that will allow us to expand our telecommunications services in the BVI…” said CEO, Mr Romney Averad Penn.

Earlier this year, the TRC allowed only two out of three companies- LIME and Digicel- to apply for the Long Term Evolution (LTE) Spectrum (4G) to the exclusion of CCT. According to the TRC, the local company never applied for the Spectrum during the time prescribed and was using the spectrum which the TRC claimed was unauthorised.

Another reason why the TRC excluded CCT from the 2015 Spectrum Award Process was because CCT allegedly did not pre-qualify for the award because it refused to surrender the 850MHz spectrum, which the TRC claims it went ahead with unauthorised.

CCT said that following this recent court decision, it remains committed to providing the most advanced telecommunications network available in the VI.

“As the only 100 percent locally owned and operated Telecommunications Company in the BVI, CCT has a tremendous responsibility to our loyal customers, dedicated employees, local shareholders and the BVI as a whole,” concluded the statement.

Efforts to reach the Chief Executive Officer of the TRC Guy L. Malone were futile up to post time.

See previous article published on December 12, 2015:

CCT Out! LIME & Digicel In! on Spectrum Award battle!

- TRC successful in its Appeal against CCT in round 2 as court lifts stay on the 2015 Spectrum Award Process, giving way for only two companies, LIME & Digicel, to be considered for the spectrum

ROAD TOWN, Tortola, VI- The battle between local company Caribbean Cellular Telephone Global Communications (CCT) and the Telecommunications Regulatory Commission (TRC) continues both in the courts and in policy decisions made by the TRC that appear to be adverse to CCT.

CCT Out!

Earlier this year, the TRC allowed only two out of three companies- LIME and Digicel- to apply for the Long Term Evolution (LTE) Spectrum (4G) to the exclusion of CCT. According to the TRC, the local company never applied for the Spectrum during the time prescribed and was using the spectrum which the TRC claimed was unauthorised.

Another reason why the TRC excluded CCT from the 2015 Spectrum Award Process was because CCT allegedly did not pre-qualify for the award because it refused to surrender the 850MHz spectrum, which the TRC claims it went ahead with unauthorised.

The TRC, the Government statutory body responsible for regulating the telecommunications sector in the Virgin Islands, then find CCT $50,000 in 2014 for what it said was unauthorised use of the spectrum, citing that CCT had breached section 20 (1) (a) of its Act.

CCT went to court on a separate matter seeking a Judicial Review (JR) over the awarding of the Spectrum without it being included. The court ruled in its favour to allow for a JR and placed a stay on the spectrum awarding process.

TRC won round 2; Stay on LTE process lifted

The TRC then appealed the stay of the awarding process and, according to information obtained by our newsroom; the Eastern Caribbean Supreme Court set aside the stay on the 2015 Spectrum Award Process on December 2, 2015. This means that the TRC was successful in its appeal.

Therefore, it gives way for the process to award the spectrum to continue and it was restarted on Thursday December 3, 2015.

What the new court ruling means is that the process is now continuing without CCT, the only local Telecommunications Company in the Virgin Islands, as TRC is now successful in the lifting by the court of the ‘Stay’ of the process.

In other words, CCT is excluded from the process to be awarded the spectrum to offer mobile 4G LTE services in the Virgin Islands. The CCT Judicial Review hearing was expected to be heard on December 16-17, 2015.

The way forward on the LTE

The key future dates now are that January 8, 2016 will be the successful applicant’s notification date and on January 15, 2016 the frequency authorisation grant date, according to our newsroom’s sources inside the TRC.

Efforts to reach Officials from both CCT and the TRC were unsuccessful as of publication time. However, we will be the first to keep our readers updated on this ongoing saga.

58 Responses to “UPDATE: Court quashes TRC's decision to omit CCT from Spectrum Award Process”

  • CCT customer (08/12/2015, 10:58) Like (21) Dislike (1) Reply
    So my question is how is this going to affect my internet at home
    • cct (08/12/2015, 13:20) Like (2) Dislike (0) Reply
      this will not affect your service that you already have in place ...they are still two different levels of LTE service
  • .... (08/12/2015, 11:01) Like (9) Dislike (2) Reply
    This is hot stuff vino
  • confused (08/12/2015, 11:17) Like (3) Dislike (14) Reply
    I am not sure why they are saying that CCT can't have LTE when they have it already and the TRC said it was ok. Does the TRC know what they are doing ?
    • TOL (08/12/2015, 12:00) Like (1) Dislike (3) Reply
      @Confused: Stay confused since you don't know that CCT is the Government itself and it's fighting its own statutory body (the TRC).
      • @TOL (14/01/2016, 11:03) Like (8) Dislike (1) Reply
        Such a uneducated comment to make if you actually read and comprehend news stories. Explain how CCT is government cause I didn't see any owners name on the ballot. If you don't like them fine - stay with Digicel or LIME whoever you feel comfortable with supporting just get yourself focused and stop spreading propaganda. It's foolish and petty!
      • sit down (15/01/2016, 10:13) Like (1) Dislike (0) Reply
        CCT IS NOT THE GOVERNMENT HONEY, IF YOU GOING TO COME ON HERE AND BLOG DO A LITTLE RESEARCH. CCT IS A PRIVATELY OWNED ORGANIZATION WITH A BOARD MADE UP OF LOCALS! THEY HAD APPLIED AND BEEN USING THE SPECTRUM, BUT THE GOVERNMENT WHICH YOU ON HERE CLAIMING IS CCT DIDN'T LIKE IT SO THEY SHUT IT DOWN. NOW I AM NO GENIUS BUT WHY ON EARTH WOULD THEY SHUT THEMSELVES OUT OF SOMETHING LIKE THAT, YOU IDIOT.
    • IT guy (08/12/2015, 14:57) Like (2) Dislike (0) Reply
      Any company can SAY they're on a LTE network. The regular consumer doesn't have the slightest clue whether or not they're actually getting LTE speeds.
    • RAJ (14/01/2016, 22:18) Like (0) Dislike (0) Reply
      Simple answer - "NO"
  • ... (08/12/2015, 11:19) Like (53) Dislike (32) Reply
    So unfair to put down our own locally owned CCT for outside companies. The BVI is lost!
    • Real Talk (08/12/2015, 14:50) Like (34) Dislike (13) Reply
      CCT put themselves in the hot water. Don't blame TRC or put it on "locally owned". Not because a company is locally owned mean they should not have to comply with regulatory rule and regulations. If Digicel and LIME complied with the process why CCT didn't make it their duty to comply and stop looking handouts because they are "locally own". Its high time "LOCALLY OWNED" companies stop riding on that and premise and treat the "Local people" with respect and then the locals will fully support.
    • apple (08/12/2015, 23:10) Like (2) Dislike (0) Reply
      At a certain point the question will be if we have a choice if we want to survive. The real question is- how close are we to that point?
  • wize up (08/12/2015, 11:20) Like (34) Dislike (27) Reply
    WTF !!!! where are our leaders: if you can not develop a business in your own land where else can you do so....LIME & Digicel already enjoy the benefits of business development in the other Caribbean Markets.... CCT & LIME were in our Market long before Digicel....when it come to the citzens of this place the rule book is taken out...to become a victim of the system in your own land is the utmost !uck: LIME/Digicel already in over 20 countries; give our !ucking people a chance
    • Hmm (08/12/2015, 12:03) Like (2) Dislike (1) Reply
      One word 'RULES'. Rules apply to EVERYONE, whether local or not. If you don't follow the rules you should be penalized no matter where you are from. Following this story, TRC had asked certain things of CCT and CCT seems to think that as the local company they don't need to listen to TRC. Dog eat their lunch and supper now.
    • Self destruction (10/12/2015, 01:04) Like (4) Dislike (2) Reply
      CCT had all the chances in the world to prevail. With government support and investment, they were first to the market with cell phones, but their rates were usurious, coverage was poor and their customer service terrible. They did little to be responsive when LIME and later Digital came into the market, and instead tried to rely on big daddy government to keep the competition out. This is a classic example of not being responsive to market pressures and competition. Had they instead been smart enough to see that everybody would have cell phones instead of C&W landlines (also with high rates and poor customer service), and charged people fair and reasonable rate, they would have captured the market and kept the competition at bay. They still could have done it after LIME and Digicel showed up, but instead chose to do nothing.
    • REALLY.... (14/01/2016, 16:00) Like (1) Dislike (1) Reply
      They had a chance. For years they were a monopoly and made millions and instead in investing and growing to make the BVI proud they pocketed the spoils. If it wasn't for Digicel this country would still be paying crazy rates like in the monopoly days. In this day and age the consumer has the power to choose and rightly so. My biggest hope is the same will soon apply for the grocery industry, let competition happen and the consumers get the better deal. Why would you pay inflated prices just because it's a local company, you must be invested.
  • Now what (08/12/2015, 11:31) Like (20) Dislike (0) Reply
    Now what do the Club do????
  • Moral (08/12/2015, 11:41) Like (75) Dislike (5) Reply
    The moral of this story is that you have to play by the rules no matter where your from
  • umpire (08/12/2015, 11:43) Like (9) Dislike (26) Reply
    Economic apartheid
    • wize up (08/12/2015, 12:05) Like (1) Dislike (1) Reply
      @ umpire: economic apartheid is a joke, its the Hight of !uck, why must our people suffer while others are granted permission to come in and make large sums of money: every now and then give away free umbrellas, free tap up or a cheap free phones...as I said LIME/Digicel already have LTE & 4G in over 20 countries throughout the world...why prevent OUR people from making money because of some dumb @$& paper work( now this is a sad day in BVI)....
  • every dog has his day (08/12/2015, 11:53) Like (43) Dislike (20) Reply
    Ok so a few years ago the same NDP wicked crowd who were trying to kill Ocean Conversion with a lower rate had March against the VIP and Biwater. Now they are silent as the same NDP crowd that killed Ocean Conversion back again killing CCT then when they finish they will blame it on Fraser.

    That is why you see I hate double standards and hypocrisies; the moral of the story is NDP MUST GO!!!
    Let’s see if two faced Comwell, and people like Edmund, Decastro, N. Wheatley, Myrun, Dicky, Rusell and the likes will March to save CCT from the jaws of the TRC.
    • Yes (08/12/2015, 12:24) Like (10) Dislike (0) Reply
      so you now want the moo moos to march. ain't ayo tell them go sit down?
    • .... (09/12/2015, 09:35) Like (1) Dislike (0) Reply
      Every dog,

      Your comment is a bit of truth stretching... They tried to kill Ocean Conversion? So they tried to kill themselves then... Then on the other hand, if they help, they rewarding family and friends... There just ain't no please you people meson...... Damned if they do, and Damned if they don't... You all make me sick...
  • Rebecca (08/12/2015, 11:55) Like (23) Dislike (1) Reply
    So the political appointed M. Thomas blew up in their faces like an ISIS bomb…he was not able to save the NDP club from itself…. ting to talk
  • tretretrete (08/12/2015, 12:06) Like (0) Dislike (0) Reply
    More questionable conduct.
  • Lord Help Us (08/12/2015, 12:07) Like (11) Dislike (3) Reply
    this is Ludacris how in gods names do you TRC give not 1 but the 2 outside companies the ok to do LTE on cell phones !!!!
    • hmmmmmmm too... (08/12/2015, 14:05) Like (9) Dislike (4) Reply
      @Lord Help Us
      It is people like you that like twisting the course of justice!!!! you totally disregard the fact that CCT ( inside company), according to you, broke the rules and in fact is still breaking the rules by using the frequency without permission.....now tell me when you have the grown public doing these things and others like you condoning it then what do you expect the youths to do?
      • @hmmmmmmmm too... (09/12/2015, 15:41) Like (5) Dislike (0) Reply
        Who tell you CCT break any rules? Why is that assumed to be so? Because they are CCT or because you say so?
  • Local (08/12/2015, 12:12) Like (15) Dislike (13) Reply
    Whatever CCT gets they deserve.....
  • FAIL (08/12/2015, 12:18) Like (11) Dislike (6) Reply
    Considering the so called 'LTE router' I bought from CCT they don't deserve to keep advertising it as LTE
  • Future (08/12/2015, 12:19) Like (12) Dislike (2) Reply
    what now for CCT??
    Back to selling phones to boats or selling hotel rooms to tourists!!
  • Not LTE (08/12/2015, 12:21) Like (0) Dislike (1) Reply
    LTE = Lies To Everyone

    That's what CCT been up to with 300 dollars every month for sloppy service
  • wize up (08/12/2015, 12:33) Like (14) Dislike (3) Reply

    just a point of information: I was just reminded that Digicel also has local businesses interest...so CCT is not the only local telcoms provider in BVI( stupid me, I do apologize)

  • hand & foot (08/12/2015, 12:37) Like (13) Dislike (0) Reply
    So the civil war between the NDP and itself ie CCT has reached the red flag point look trouble
  • come on... (08/12/2015, 12:43) Like (36) Dislike (2) Reply
    By the time we get LTE other places will have 5G! Enough with the fighting just let the providers offer us the best services that they are able to offer and let the people choose where they go. As for CCT, they should have played by the rules and just followed the process like everyone else & then they wouldn't be in this mess. It's the staff at CCT I feel sorry for, led by poor managers that don't have a clue about the industry.
  • .......................... (08/12/2015, 12:45) Like (4) Dislike (0) Reply
    Look thing!
  • Head Shake (08/12/2015, 12:58) Like (17) Dislike (4) Reply
    Read carefully. The injunction was set aside. BUT that just means the 4GLTE allocation process can continue. But CCT STILL has a day in Court to argue they should be included in TRC's consideration for 4GLTE.

    Problem is with CCT's management - they are the best thing that ever happened for LIME and Digicel. CCT has been running around doing all stupid things without regard to the rules. They should now go hat in hand to TRC. Say sorry. Release the spectrum they have been told to release. And get in on the 4GLTE process NOW. With some common sense, CCT would probably win it. But they are trying so very hard to snatch defeat from the jaws of victory at every turn. Completely self-destructive.
  • jh (08/12/2015, 13:22) Like (18) Dislike (0) Reply
    This is BIG news VINO
    Where now do CCT go?
    They cannot sell LTE and they cannot trust NDP
    OMG this really is a KO
  • winston churchill (08/12/2015, 13:29) Like (8) Dislike (0) Reply
    "we have met the enemy and it is us." (and i was about to switch to cct too....)
  • Pillow Man (08/12/2015, 13:36) Like (20) Dislike (3) Reply
    This is now time we moved on and supported those companies who support the entire BVI community and not just 1% of the persons originally from here
  • tretretrete (08/12/2015, 13:57) Like (0) Dislike (0) Reply
    Since when a Lawyer by trade with zero prior telecoms experience can be the one overseeing the entire operations of a telecoms company, especially trying to battle against the multi-national forces of LIME and Digicel. Who are really making these decisions at the Board level for CCT? This was about grandstanding and puffing his chest now he cost the company this opportunity. Now we will hear the boo hoos about being unfairly treated as a local company. I'm all for CCT being our own company doing well but rules are rules. As far as I see it, bad/inexperienced management has caused this for CCT. Telecoms isn't like running a small bar or chicken bus, it's global and it's very complex.
  • ...... (08/12/2015, 14:45) Like (0) Dislike (0) Reply
    This is such a blow to CCT, especially as a local company. I hope Digicel gets it. It would be quite unfair for LIME to control the industry like this again. We would be basically back to a Monopoly. Plus, I hate LIME with a passion. What a god awful phone company......
  • i from here (08/12/2015, 15:06) Like (2) Dislike (1) Reply
    WOW WOW WOW!

    This is a BIG BLOW to CCT!
  • Have you tried (08/12/2015, 15:26) Like (0) Dislike (0) Reply
    Has anyone here ever read the BVI Community Board? If so you would know LIME is the worst thing to hit this island. Everyone switching to CCT because they actually provide service instead of taking money and holding it for months. And they answer their phones on this island and not Timbuktu
  • Raging Bull (08/12/2015, 16:17) Like (5) Dislike (1) Reply
    That explains why my CCT is down last 24 hours?
  • same ole (08/12/2015, 20:49) Like (2) Dislike (2) Reply
    WHY LOCALS ALWAYS FIGHTING EACH OTHER????
  • goat water (08/12/2015, 23:05) Like (1) Dislike (0) Reply
    CCT & TRC, your 15 minutes are over, get off the stage.
  • Skewed (08/12/2015, 23:40) Like (0) Dislike (0) Reply
    The owners of CCT are business man. They know how to make deals. They ask for more than they really want and then settles for what they really wants.
  • wize up (09/12/2015, 04:16) Like (6) Dislike (11) Reply
    2015 is a great year in BVI: VIP members pushed its own leader from the moving train now NDP pused CCT from the train(its own investment club)..... while we busy killing off eack other, more and more gated communities being built
  • Go sit down (09/12/2015, 05:08) Like (6) Dislike (9) Reply
    They need to go sit down and let Digicel be. I've tried them all and drop them like hot potato. Digicel is the best of them..Digicel is not excellent but they are so poor. Digicel is better
  • VG (13/01/2016, 22:13) Like (3) Dislike (0) Reply
    Ok now finally a local got justice
  • wize up (14/01/2016, 01:35) Like (0) Dislike (0) Reply
    boy in modern day BVI the man who can pay out the most money will get ahead...
  • yes (14/01/2016, 09:49) Like (0) Dislike (0) Reply
    We expected that because CCT is owned by NDP.


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