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GT&T loses stay in court

Feb 23, 2013 News

– monopoly may be in jeopardy

 

The Guyana Telephone and Telegraph Company (GT&T) has lost its request to stay the enforcement of the order of Justice Rishi Persaud pending appeal. Justice B.S. Roy, rendering a decision yesterday, refused to stay Justice Persaud’s  June 19, 2012 Order, which directed GT&T to pay entrepreneur James Samuels $1 million in damages.
The court also declared that the GT&T was enjoying an unlawful monopoly.
Mr. Samuels, who was previously represented by Charles Ramson, S.C., is currently represented by Attorneys-at-law, Mr. Parmanand Mohanlall, and international attorney, Dave Kissoon of Cozen O’Connor and Mr. Miles Fitzpatrick, S.C. Mr. Timothy Jonas are representing GT&T.
Samuels had applied for and was provided with DSL internet service by GT&T in 2006. GT&T holds an exclusive licence for national and international voice and data transmission under the Telecommunication Act 1990.
After the internet service was installed on the plaintiff’s computer located at his residence in Georgetown, he subscribed to a Voice Over Internet Protocol Service (VOIP) provided by the Vonage Company of the United States of America. Vonage enables a subscriber to send and receive voice communication electronically over the internet by use of a personal computer.
Mr. Samuels had written GT&T to inform them of his intention to utilize the VOIP service in Guyana, to which GT&T replied advising him that under the terms of his contract with the defendant, he was prohibited from utilizing the DSL service for international telephone activities or for international telephone bypass.
The telephone company proceeded to block Mr. Samuel’s internet access thereby disrupting the DSL service which was provided to him.
GT&T contended that the disruption of the service was justified since the plaintiff was unlawfully operating an unlicensed telecommunication service in contravention of the provisions of the Telecommunications Act – Act 27 of 1990 (‘the Act) and of the Defendant’s contract and licence with the Government of Guyana.
As a consequence, Mr. Samuels instituted these proceedings seeking, inter alia, a declaration that there is a breach of the contract executed between himself and GT&T for the provision of the DSL service for his premises at 292 Church Street, Queenstown, with respect to his use of VOIP equipment.
After a trial on the issues, Justice Rishi Persaud not only awarded Mr. Samuels damages, but stated,”I accordingly uphold the plaintiff’s submission on this issue and find that the licence granting an exclusive right or monopoly to the defendant [GT&T] to provide telecommunications service or to control or regulate voice and data transmission on the internet is unlawful and void.”
When asked for comment, Mr. Samuels stated, “It is unfortunate that GT&T continues to expend time and resources on a position that I and the courts believe to be clearly without merit. Guyana’s telecommunications sector must be immediately liberalized and I will continue to fight for the good of my fellow citizens.”
GT&T has indicated that it intends to approach the Full Court to revisit the issue of a stay.

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