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).