Daniella Gentles-Silvera and Kathryn Williams successfully represented the Office of Utilities Regulation in an appeal brought against the OUR by Cable & Wireless Jamaica Limited before the Telecommunications Appeal Tribunal. The appeal concerned the OUR’s decision to implement a two (2) -step six (6) -month glide path for the new interconnection charges applicable from 2017 to 2020 for calls terminating on CWJ’s fixed network. These new rates will reduce the cost to terminate calls on CWJ’s fixed network and are in keeping with the principles outlined under the Telecommunications Act, as amended in 2012.

CWJ argued that the OUR ought to have implemented a glide path of at least two (2) years on the basis that, inter alia, it had a legitimate expectation of a longer glide path. The Tribunal rejected this argument along with every other ground of appeal. In its decision, Cable & Wireless Jamaica Limited v Office of Utilities Regulation and Digicel Jamaica Limited (Interested Party), the Tribunal considered the law on legitimate expectation, irrationality and unreasonableness in the decision making of a public body as well as procedural unfairness and found favour with each of the OUR’s arguments opposing the appeal. Specifically, the Tribunal found that the OUR did not create a legitimate expectation that it would implement a longer glide path and that the OUR acted fairly and reasonably in arriving at its decision.

CWJ previously applied to the Supreme Court for leave to apply for judicial review of the OUR’s decision on the glide path; however, the Honourable Mr. Justice K. Anderson denied that application on October 31, 2017.

The appeal is the first decision of the Telecommunications Appeal Tribunal in over four (4) years. The full decision, which was delivered on the March 28, 2018, can be found here.