(Jamaica Gleaner) Digicel has lost its bid to challenge the decision by the Office of Utilities Regulation (OUR) to set call rates. Justice Ingrid Mangatal handed down the ruling yesterday.
The judge says the parties are to come back before her today for the written reasons for turning down Digicel’s application for leave to challenge the OUR.
At that time they will also make legal submissions as to whether application for leave to appeal her ruling should be granted. Digicel was seeking leave to go to the Judicial Review Court to test the law which granted the OUR powers to reduce interconnection rates.
It also wanted the Supreme Court to grant a stay of the implementation of the interim rates, which are set to take effect on Sunday.
But that too has been turned down by Justice Mangatal.
Following recent amendments to the telecoms Act, the OUR announced interim mobile termination rate of J$5 per minute for incoming domestic and international telephone calls effective July 15.
Digicel then filed an application in the Supreme Court objecting to the move claiming that the OUR did not follow due process.
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.
