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By JOSHUA ARLO
MOBILE phone provider Digicel yesterday obtained a National Court order
further preventing telecom regulator Pangtel from cancelling the telco’s
radio spectrum licence.
The injunction has been extended until further notice.
Granted by Justice Bernard Sakora, the restraining order also prevents
Pangtel from entering any property and interfering with any apparatus
owned, used and operated by Digicel within Papua New Guinea.
Last July 24, Digicel obtained an injunction to prevent Pangtel from
cancelling the licence after the Jamaica-based telco received a letter
dated July 20, 2007 from Pangtel advising that the radio spectrum
licence issued in June for telecommunications network in PNG was to be
cancelled.
Pangtel threatened to revoke or suspend Digicel’s radio spectrum licence
over claims that the permit was null and void.
Yesterday, Justice Sakora stressed the factual background and relevant
legislation of the case in his decision, saying there was no assurances
demonstrated in court by Pangtel that it would not carry out its threat
if an order was not in place.
He said that Pangtel carried out continued threats through its lawyers
of its intention to revoke or suspend Digicel’s licence despite
restraining orders still being in place.
Justice Sakora also said for a board to revoke or suspend a licence
issued by Pangtel, there must be time given to the party (Digicel in
this case) to be heard as this was the proper process.
Justice Sakora also said under the same Act, the views of the commission
(Independent Consumer and Competition Commission) prevailed if there was
no agreement between Pangtel and the commission.
He said the ending of monopoly was made by the Government pursuant to
the National Executive Council (NEC) decision and requires the relevant
Government statutory body to implement it.
Justice Sakora stressed there was still confusion and uncertainty on the
part of Pangtel to say the issue of the licence was illegal as there was
a National Court decision confirming that Digicel could enter
competition before Oct 17 this year.
 
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