Financial Times

Court of Appeal steps in
ICTA barred for second time from regional networks plan
The Information and Communication Technology Agency (ICTA), in a continuing battle with seven telecom operators over the creation of regional networks, was last week barred for the second time in proceeding - on this occasion by the Court of Appeal.

The court - in response to a petition by the seven operators - issued an interim order against ICTA until April 29 preventing the latter from considering or awarding any tender based on the "RFPQ" and fixed the notice returnable date as April 28. The seven companies are seeking writs of Certiorari, Mandamus and Prohibition against ICTA and the TRC.

Two weeks ago the seven telecom operators - Celltel, Lanka Bell, Suntel, SLT, Mobitel, MTN Networks (Dialog) and Hutchison Telecommunications - won an enjoining order from the District Court preventing ICTA from proceeding to create regional networks. The agency was accused of usurping the powers vested with the Telecommunication Regulatory Authority (TRC) in the provision of telecommunication licenses.

Last Monday, the District Court extended the enjoining order till March 31, rejecting a motion by ICTA lawyer Romesh de Silva to vacate the order. At issue is a request for Pre-Qualifications by ICTA in connection with the proposed issue of licenses for Regional Telecommunication Networks in the "Deep South and North East quadrants of Sri Lanka."

The claim of the telecom operators in Appeal Court was that ICTA was acting contrary to the ICTA Act in that it had not followed the due process mandated in the ICTA Act as the Task Force and the National Committee required to be established under the ICTA Act had not been duly constituted.

H. L. de Silva P. C. with Avindra Rodrigo and Manoj de Silva instructed by F. J. & G. de Saram, supporting the application made by Celltel, Suntel and Lanka Bell, stated that the main role of ICTA is to provide information and assistance for the formulation of the National Policy on Information and Communication Technology and the executive agency to assist the Task Force and the National Committee.

He said that as the Task Force on Information and Communication Technology has not yet been appointed by the Cabinet of Ministers, the functions assigned to this body by Section 4 of the said Act among which is the all important task of preparing an Action Plan have not been performed. "In the circumstances, there is no evidence that the proposal to establish the Regional Telecommunication Networks in the Southern and North - East Regions of the Country has received any consideration by such Task force in order to advise the National Committee which is its statutory duty," counsel argued.

The petition states that although the telecom operators are entirely supportive of efforts to extend telecommunication networks and provide services to rural communities and the national policy objective to broaden the benefits of the information revolution to regional areas that are inadequately served, they however contend that certain mechanisms and procedures suggested in the scheme of subsidization would be detrimental in the long term to the just and fair treatment of service providers on a basis of equality which however are capable of resolution and settlement through discussion and fair consideration of representations by the telecom operators.

Mr. De Silva also appeared for Sri Lanka Telecom, instructed by Julius and Creasy and for Dialog, Mobitel and Hutchison with Sanjeewa Jayawardene instructed by Sudath Perera Associates.

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