By Sue-Ann Wayow
CITIZENS should not be forced, frustrated or blackmailed into staying with a telecommunications provider because of fear of inconvenience or uncertainty.
This was the statement made by Justice Frank Sepeersad in his ruling in the court matter between Columbus Communications Trinidad Ltd (CCTL) and the Telecommunications Authority of Trinidad and Tobago (TATT) and by extension the Telecommunications Service of Trinidad and Tobago (TSTT).
Seepersad ruled on Wednesday that TSTT no longer has a hold on customers’ numbers as TSTT has been ordered by the Court to implement Fixed Number Portability (FNP).
The matter was filed on September 19, 2019 by CCTL.
FNP allows for competition in the fixed voice market as customers are able to keep their telephone numbers if they choose to change service provider.
The relevant telecommunication legislation, regulations, and concession agreement require that operators provide customers with FNP service when directed to do so by the (TATT). Based on a 2016 TATT decision, customers should have been able to have access to FNP service as of November 28, 2016.
However, customers have been denied the service, and competition stifled because TSTT argued it is not legally obligated to implement FNP.
Seepersad’s described TSTT’s actions as “callous and calculating” and must be firmly rejected.
The judge said, “Monopolistic operations should be discouraged and they have no place in a free market capitalist state. Citizens deserve an open telecommunications market characterized by competiveness of price, quality and service. TSTT’s resistance to the implementation of FNP must be strongly condemned and its behaviour instilled, in the Court, a feeling that it was prepared to engage in protracted and wilful defiance so as to protect its market share.
“ FNP implementation is an important national issue which affects citizens in a fundamental way. In this pandemic, the need for effective and efficient communication avenues cannot be marginalised and the ability of a customer to change service providers but retain the same fixed line telephone number is paramount. Many citizens, corporate and private, have used the same fixed line telephone numbers for decades. These numbers are an integral part of their existence and a change of number can occasion significant distress, inconvenience and expense, especially for corporate citizens whose advertisements and marketing campaigns may have to be revised.”
Seeperdsad continued, “ Citizens should not be forced, frustrated or blackmailed into staying with a telecommunications provider because of fear of inconvenience or uncertainty. TSTT’s behaviour has been callous and calculating and must be roundly rejected. Based upon the multiplicity of reasons as outlined, this Court is therefore resolute in its view that TSTT is legally obligated to implement FNP.”
In a press release on Thursday, CCTL stated the company has always advocated for fair market competition and that the ruling was a welcomed result.
Flow’s Vice President, Simone Martin-Sulgan said “This signals a tremendous victory for customers and the wider industry. We are excited that this ruling paves the way for fair and open competition in the fixed voice market. We are pleased with the ruling since everyone wins with increased competition. Our team members are excited about the many possibilities and benefits it now offers to the market when it comes to Telecommunication services.”
Steven A. Singh instructed by Amanda Adinoolah, were attorneys-at-law for CCTL while Douglas Mendes, S.C. instructed by Gabrielle Gellineau were attorneys for the defendant (TATT) and Martin Daly, SC and Christopher Sieuchand instructed by Sashi Indarsingh, represented TSTT.
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