At the start of the year, the PUC started out on a fresh foot by publishing
notices for the terms and condition on which all telephone companies and telecom
providers should share facilities and interconnect. Almost immediately on January
fourth, Speednet which is the parent company for Smart got an ex parte injunction
restraining the PUC from going ahead with those orders.
Today in the Supreme Court that injunction was lifted. Fred Lumour argued for
the PUC and Andrew Marshalleck for Speednet. The Chief Justice found favour
with the argument that PUC must be allowed to perform its functions and wield
its authority under the law and if they cause injury to Speednet that company
can then seek redress in the court. The matter will got for a full hearing on
April 22nd.
And while Speednet lost that one – they won another. The company was
granted leave to apply for judicial review of a PUC directive made in November
of 2009. At that time, the PUC directed both BTL and Speednet to submit all
agreements that they signed with each other for interconnection for PUC’s
approval. Speednet will now have the court review the propriety of that directive.
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