Digicel Can Provide Long Distance
Digicel has been cleared to provide international long distance services after a court ruling made earlier today [Dec.15]
A statement issued by Digicel said they are “delighted with the outcome of proceedings in the Supreme Court this morning in which the Chief Justice fully discharged Digicel and Transact from their undertaking in respect of the provision of international long distance services. The Judge further refused applications made by the Defendants to issue an injunction against Digicel and Transact from providing international services in Bermuda.”
“The Chief Justice agreed with the position advanced by Digicel that the provision of international services by Digicel and Transact enjoys the presumption of legality. Digicel is now free to provide international long distance services to the people of Bermuda.”
“Digicel is very mindful of the deliberately generated controversy that has engulfed this matter over the past weeks. Digicel is also very mindful of its considerable responsibilities as a good corporate citizen in Bermuda and has sought at all times to respect those responsibilities and behave in a manner befitting one of Bermuda’s leading businesses and employers.
“In light of this, Digicel is anxious to immediately engage with the relevant Ministries and authorities to resolve all matters at issue expeditiously and without unnecessary rancor or expense. Digicel shall engage immediately with the Government in good faith.
“Digicel and Transact expect to be in a position to make a public announcement in respect of the provision of international long distance to all residents of Bermuda in early course. Digicel looks forward to really shaking up the market for international calls by bringing offers and pricing to Bermuda that have never been seen before.
“However, Digicel’s immediate priority is to engage with Government to discuss all matters at issue and shall do so before any action will be taken in respect of the provision of long distance service. Digicel is very confident that these further deliberations with Government will resolve any issues that may continue to exist.
“Digicel and Transact wish to clarify once again that the provision of ISP services by Transact has never been implicated or challenged in these proceedings. Digicel and Transact shall continue to provide ISP services without any hindrance or possible impediment.”
“Once again, Digicel wishes to sincerely thank all of our loyal staff and customers who have provided such enormous support and encouragement throughout this process. The Bigger, Better Network shall fight on,” concluded the statement.
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My my, we have come a long way from well over a $1 per minute long distance back in the days when people were only getting $200 or so per week pay.
you know how the cartel sliced up the pie right? BTC got a flat 30 cents per minute for pushing a call 2 miles up the road to CW…..the latter had to share the leftovers with several other companies that were involved in the connection……BTC and Front Street/40 theives always got theirs first.
This is excellent news. Well done Digicel. At least the Chief Justice has some common sense. The quicker the Government stops messing Digicel around and allows the people of Bermuda to enjoy the fruits of real competition the better. Whoever gives me best service and best price gets my $$$$- its pretty simple really.
yep….cleared by a retiring chief justice who can’t be bothered wrecking his brain over technical squabbles….Go in peace Richie and leave this mess to the people that created the mess ….. good ole MTEC
deserving the presumption of legality at this junction is a long way from there being a final finding of legality.
it appears Digicel is looking to maneuver itself through any wiggle room no matter how tight.
it nevertheless baffles the mind how Digicel can make any public annoucements especially in light of the AG’s comments that the cards are on the table for Transact’s license to be revoked or suspended.
Digicel doesn’t just appear to want to shake things up but to f@#k things up.
Hmmm… I believe what the Chief Justice said was…
That Digicel and the other players had to go to the Broadcast Comission to sort this out…
The CEO of Digicel seem to read everything the way he wants and not the way they are written… This is going to cost this employers a whole bunch more in legal fees
Agreed,
The writing may already be on the wall for Digicel the only real issue is can the CEO read it!
@ So and just thinking: why are you making this about the CEO of Digicel. Certainly you know he has a group of lawyers with many years of legal experience behind him, and a Board. It is ridiculous to assume that he is independently orchestrating this. Be mature enough to think corporate and not petty. Do your research at the lawyers representing their professional pedigree, years of service, and case history you will then see this is a very calculated and shroud plan, I don’t agree with all of the strategy butlet me say but it is digicel’s corporate strategy not the CEO’s strategy.
When Cablevision is in court with BBC it is not Rick Richardson against Terry Robson (CEO’S)
We are mature enough to see the corporate link, so do the same here.
Without revealing too much I am an attorney and member of the Bermuda Bar and it is clear that if Digicel had proper legal advisement from the beginning they would never have pursued this course of action.
The attorneys have only been brought in at this late stage to attempt to clean up the mess.
Far from making this about the CEO I agree that the ultimate fault lies with the board. They claimed they want to shake things up in the Bermuda telecommunication’s industry yet they used the same old tired strategy of putting in place persons solely based on who they know not what they know.
They have gotten what they deserve!
Who would those persons be just thinking
you certainly are silly!
Disgraceful that a “Lawyer” would use Bernews for this silly remark. Maybe you are annoyed you weren’t instructed for the fees, but probably like many who “advisement” the oligarchy you are probably conflicted with every local client who comes in your door.
For the record, Digicel’s CEO is an employee, just like BNTB’s, KeyTech’s and many other profitable business……yes I am going to go there, if Digicel’s CEO been sent here from London he would do no wrong to you people, your comments are so thinly veiled its scary.
I look forward to seeing this CEO continue to do well for his employees, family and those fortunate enough to call him a friend. You people are really sad. Keep flogging your local talent, remember although you may look alike, the guy sitting beside you from Boston at work actually does get paid from you, irrespective of the Tuckers Point Membership you both enjoy as Executives in Class 4 Re.
Just thinking: you introducing your profession to authenticate your point actually has the reverse affect You look professionally immature as you insinuating the board did not make ” choices” based on talent but based who knows who. You know nothing about, management, the profitability of the business and the leadership both locally and globally. For a lawyer to speak with no facts or evidence is scary thus classified as foolish.
If this digicell deal goes through, I bet calls will be classed as importing digital information and taxed 35%!
Firstly who wouldn’t have sour grapes if a reported $250k in legal fees is up for grabs as a direct result of Digicel’s actions. Its a stimulus plan for the profession in general and litigators in particular and I wish more persons in the community would create such financial opportunities.
Secondly based on the above comments popularity is a valuable asset in Bermuda one which I would hazard a guess the board took in to consideration.
I like many am a fan of the CEO however I am able to set admiration aside and look at the situation objectively. Whatever the reasons the Board decided to hire it was obvious that experience and technical competence wasn’t a deciding factor.
Unfortunately the CEO may find himself the ultimate victim after it is all said and done.
I leave it to others to muse further ciao!
you guys give so much power to one man.
you actually this ONE man working for a multinational private corporation made the decision himself to purchase Transact? Did he use his own money?
and you insinuate it happened because its who he knows?
if the Digicel CEO knows so many people, why then are the same Government that issued the license also taking issue with it?
its easy to villify, never is it easy to apply intelligent thinking and see beyond the outward appearance of an issue.
Steve Jobs and Apple also used acquisitions to gain competitive advantages and patented technology: its called keeping up with the pace of business my friend. And now because Digicel has upset the status quo and spooked the cash cow and everyone is upset. Here is some advice to those that fear Digicel’s competition: INNOVATE, STRATEGISE and make BOLD moves.
What is the point in having regulation if the players of the telecommunications can just do as they please? If this is the case tell government stop wasting time with telecommunication reform and let the free market go now! I’m tired of no uniformity to our legal system and government.
Dear Just Thinking and Lucky Dog,
Dont worry, it is highly unlikely that your basic propoganda campaign above will get Wayne fired.
Even if his tenure at Digicel is brought under a microscope by the Board and he moves on, guess what he grew revenue and created jobs in the process, unlike you lot who only bring in comfortable lapdogs from the US and UK to drink port with you on the weekend
as one leader said, “we refuse to go back to the plantation”
fortunately there is a generation of people who look like Wayne who were born here and are successful in their careers every day, if he moves on from Digicel, guess what………………..he’ll be just fine!
like most successful lawyers your success has been in the cowardice of maintaining the status quo and goingto the same desk for the past 15 years, let us know when you publish your book called “who to retain the plantation culture and withhold opportunity for Bermuda’s next Generation”
I say “CEO’s and 10 year PRC holders for Premier”, that would clearly get you and your mates down Mid Ocean in a tizzy.
Dear Bernews,
You should rename your (COMMENTS) section as (HATERS) or (EHATE), sad that those who have lost revenue by Digicel’s Bermuda market presence, or have not been acting for them as Lawyers are so pathetic to now post hate mail to try to get one of their Friends hired nd current CEO removed.
Who knows, maybe internally at Digicel there is a “CEO” in waiting who is using Bernews from his desk in Ireland, Jamaica or one of their smaller outposts to get the Board thinking that Mr. Caines should be moved to Beijing.
Guess what, even if you move him to Beijing he will perform just like David Saul children or Henry Tuckers children will perform in Beijing.
Clearly most will not be happy until Mr. Caines is employed at Speciality Inn as a Waiter with an apron, I can see him now standing by my table to take my order in a blue custom made Speciality Inn Polo Shirt, with cufflinks, he will confidently say “ANY MOE-TEA SAH?”
Keep hating peoples, it actually motivates us.
Sincerely
OBA all the way
Seriously? What are these comments even about? It looks like people are getting pretty side tracked from the actual issue at hand, which is that the Chief Justice of the Supreme Court of Bermuda cleared Digicel to offer long distance service.
Yes, they still have some talking to do with the Government… the article says this pretty clearly. It also says they’re going to do this before they take any action. Sounds pretty responsible to me.
I, for one, think this is good news. Competition is better for us… everyone who actually buys stuff. TBI reacted to Digicel’s long distance service by offering a 2 for 1 unlimited service. Think about it. If they can afford to do that with no problem, how much extra have they been charging all this time? You know what will bring prices down to reasonable levels? Competition.
Kudos to the Chief Justice for looking out for Bermudian residents who are sick of paying too much.
@justthinking. True, mate. This is another example of a case that should never have seen a courtroom. The present legal system seems to be in place to create work for litigators. It is time for the Bar Ass’n. to stop this madness.
Very sad how the legal decision ended up being about an individual and people having to come to his defence
this is so simple marketing is about meeting and satisfying consumer needs we are in a recessionary environment and businesses and people need to cut costs and save money to survive this decision and Digicels presence in Bermy gives us that 7 years or so ago do we remember how expensive calls were on cellphones and for long distance
please dumb up te conversation from talking about individuals to looking that the cunsumer expecations and service delivery that we should all now expect from what is now an essential human need, like water is – Digital Communications Technology
bermuda cannot survive without it and the sooner we streamline our whole infrastructure and develop it ALL of Bermuda will benefit, not just the telecoms providers
as Minister Bean said in his maiden speech “Time to Free Up Things”
I am not against low cost services, nor new technology, and I have no bone to pick with Digicel or Mr. Caines. Regulation for these issues must be carefully written and fairly administered, to avoid creating an imbalance in competition. When the regulatory bodies do not act properly, cases needlessly go to litigation, driving up the cost to all the providers and subsequently to the customers. That is the real issue here. The Ministers need to enact the new guidelines before someone (anyone) benefits from a competitive imbalance. These issues should not be enriching lawyers, or tying up court time that could be better spent on other matters. Please, look beyond the end of your noses. This is not about low cost sevices. This is about who provides them, and how the competition is to be regulated. By all means, free things up, but do it properly from the outset.
I agree. The regulators are supposed to avoid creating an imbalance in competition. So it seems like they should support the disruption of a duopoly and support more competition instead of fighting to maintain the status quo… what I understand from following this story’s twists and turns is that Digicel actually did check to make sure they could legally acquire Transact (and presumably therefore use Transact’s licenses). Remember the original Supreme Court ruling? (quoted from http://bernews.com/2011/10/digicel-prevails-in-supreme-court/ )
‘Puisne Judge Ian Kawaley said in his ruling: “The evidence presently before the Court suggests that the Plaintiffs have acted with due propriety and sought and obtained the necessary regulatory consents to introduce a lucrative new service which has provoked their competitors’ ire.”’
That was the first judgement, then the parties went back to the court and Digicel’s service was suspended. Then Ground replaced Kawaley and the parties went back to court for this round of hearings. Three trips to court to decide one regulatory issue. Bad judgement on the part of the Ministry, the courts (or both) have led to three trips to court with any number of lawyers and out of control costs, with a decision pending as to who will pay. The legal system here is a case of the tail wagging the dog.
If you go back and reread the above comments, you will see that “justthinking” pointed the finger squarely at some of the lawyers in the case, as well as the legal system in general. Oddly, “also a Lawyer” launched a completely irrelevant attack, without offering any evidence to refute “justthinking’s” claim. Does this make anybody else wonder about the state of the practice of law here?