UPDATE: Court quashes TRC's decision to omit CCT from Spectrum Award Process
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.
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58 Responses to “UPDATE: Court quashes TRC's decision to omit CCT from Spectrum Award Process”
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.
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...
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?
Back to selling phones to boats or selling hotel rooms to tourists!!
That's what CCT been up to with 300 dollars every month for sloppy service
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)
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.
Where now do CCT go?
They cannot sell LTE and they cannot trust NDP
OMG this really is a KO
This is a BIG BLOW to CCT!