CCT Global Communications wants a fair shake at the impending allocation of broadband spectrum, but feels the Telecommunications Regulatory Commission denied its application without a proper review, the High Court heard this week.
CCT is asking the court to probe whether the regulator adhered to its own policies and procedures for assigning spectrum.
September was the deadline for telecom operators to apply for a piece of the 700 megahertz spectrum – the portion of the airwaves that lets telecoms update from 4G technology to the faster 4G LTE.
CCT attorney Tana’ania Small-Davis said Wednesday that the regulator’s refusal to accept CCT’s applicationwas “almost a sleight of hand” designed to get the company to give up portions of a spectrum it has used for years.
Counsel for the TRC argued that although government assigned a portion of the spectrum to CCT in 2003, when it was the only wireless provider in the territory, the company should have applied to the TRC to use it after the 2006 Telecommunications Act liberalised the industry. The company never applied nor received any authorisation from the TRC.
According to the regulator, it was acting appropriately to make the telecom market more fair and competitive by seeking to reassign portions of the spectrum currently used by CCT.
At issue in court was a “special directive” from the TRC to CCT in January 2013 instructing the company to voluntarily give up a portion of the spectrum it uses.The company did not comply then, nor did it comply when the TRC sent a follow-up notice in March 2014.
The regulator argued that because the company did not comply with the directive, it was ineligible to apply for a portion of the new broadband spectrum.
But CCT argued that the regulator’s failure to follow up again after March 2014 implied consent.
See the Jan. 7, 2015 edition for full coverage.
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