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July 12 decision in Digicel suit

Published: Thursday July 5, 2012 | 1:42 pm Comments 0
Digicel’s CEO Mark Linehan - Rudolph Brown/Photographer.
Digicel’s CEO Mark Linehan - Rudolph Brown/Photographer.
Digicel new building in downtown, Kingston - Rudolph Brown/Photographer.
Digicel new building in downtown, Kingston - Rudolph Brown/Photographer.

Justice Ingrid Mangatal is to hand down her decision on July 12, whether to grant an injunction to Digicel barring the Office of Utilities Regulation (OUR) from setting termination rates for the telecoms market.

Digicel filed the application against the OUR after the regulator announced an interim mobile termination rate of $5 per minute for incoming domestic and international telephone calls effective July 15.

Digicel is contending that due process was not followed and that it was not consulted before the new rate was set.

It is further contending that the move by the OUR to set mobile termination rates is unconstitutional and contrary to the common law right of natural justice.

LIME has intervened in the suit and has also made arguments against Digicel’s position.

Digicel wants a stay of the implementation of the new rates until the matter has been heard and determined by the Supreme Court.

barbara.gayle@gleanerjm.com

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