Wednesday, August 25, 2010

Mobile Phones and Driving Safety

According to the Guardian, the Trinidad and Tobago Cabinet has endorsed amendments to the motor vehicle legislation to ban the use of mobile devices while driving.  These amendments will soon be tabled in the Trinidad and Tobago Parliament.  In a post-Cabinet news conference on July 29, Works and Transport Minister Jack Warner noted that these amendments are intended to increase road safety in  Trinidad and Tobago.  Both Digicel and TSTT expressed their support for these amendments.
 
These amendments should be a no-brainer for all Caribbean nations.  Several studies have demonstrated clearly  that using a mobile device while driving a motor vehicle entails a similar risk as driving while intoxicated.  A significant number of nations have already adopted and implemented legislation to prohibit this practice.  One can only hope, therefore, that the other Caribbean nations will follow Trinidad and Tobago's lead in the near future.

Thursday, August 19, 2010

Barbados FTC Denies Digicel Motion to Review Consolidated RIO Decision

The Barbados Fair Trading Commission has denied a motion by Digicel for review of a February 2010 decision on Cable & Wireless' Consolidated Reference Interconnection Offer (RIO).  In its submissions, Digicel alleged that the FTC's February 2010 decision was reached in breach of the principles of natural justice and, in particular, that the FTC failed to adequately consult Digicel on certain amendments to the Consolidated RIO requested by Cable & Wireless. 

As part of its motion for review, Digicel submitted that the FTC should communicate to Digicel any changes made, no matter how minor, to the Consolidated RIO.  In its decision, the FTC concluded that this is not required by the Barbados Telecommunications Act.  The FTC also noted that, as part of the proceeding leading up to its February 2010 decision, Digicel had been given ample opportunity to make submissions on the amendments to the Consolidated RIO and therefore that there was no breach of the principles of natural justice.

This decision is a good illustration of the fact that telecom regulators, when adjudicating interconnection disputes, must ensure that all parties are given an opportunity to be heard.  This is particularly true in the Caribbean context, where the telecom industry is becoming increasingly litigious (especially in interconnection matters).