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ftcTomorrow a very important consultation will take place. If we were to judge its importance by the lack of coverage provided by the local media,  the  Reference Interconnection Offer Oral Presentation may just be considered one of many routine events which will occur tomorrow in Barbados. For those Barbadians who are interested you should go to the Lloyd Erskine Sandiford Centre tomorrow Friday, June 19th 2009 between 10:00 a.m. and 1:30 p.m to support those Intervenors who will be presenting oral presentations. We are pleased to note that once again BU family members Chris Halsall and Roosevelt King (ROK) et al will perform in the role of Intervenor operating in the interest of the PEOPLE.

If we understand the objective of the hearing correctly the outcome of the process should eventually lead to an operationalization of a RIO policy to ensure  local competitive long distance providers – Sunbeach, Blue Communications, and TeleBarabdos who have been trying to purchase the required interconnecting circuits from the Cable & Wireless without success, even through they are clearly defined within the Policy is achieved.

BU would have addressed in an earlier blog some of the issues affecting its non-implementation of key aspects of the RIO as it relates to a standard offer for services which LIME must make available to any and all requesting competitive telephony carriers. Unfortunately, the previous versions lacked a definition for “Outgoing International Call Termination”. This meant that while a carrier could bring calls into Barbados, they were not allowed to take them out.

We take this opportunity to clarify an erroneous position which was posted on May 31, 2009 under the heading The Reference Interconnection Offer And Consumers penned by Hallam Hope. In that posting Mr. Hope indicated that the Fair Trading Commission had given 8 days to the Intervenors to provide a written summary and submit to all parties.

It is BU’s understanding under the Act 64 (7):

Where by reason of an inability or insufficient time to study an application or other document initiating the proceeding, a person is unable to include the information required in the letter of the intervention that person shall:

(a) state this fact in the letter of intervention as filed and served under rule 64 (5); and

(b) within:

(i)  5 business days of receipt of a copy of the written evidence, or

(ii) 15 business days of filing of the letter of intervention, or within 3 business days after the issues have been formulated by the Commission,

(iii) 3 business days after the issues have been formatted by the Commission, whichever is later, re-file and serve the letter of intervention with the information required by rule 64(6)

In a nutshell the FTC has to give time if asked.  The practice when you file your letter of intervention, you simply state that you reserve the right to enter evidence, interrogatories, or whatever is required and you do not need to file a second letter of intervention, just submit what was missing. This is what BU has been made to understand from correspondence we have received.

Unfortunately Mr. Hope has not seen it fit to respond to our prompting to clarify this matter. If Mr. Hope wishes to challenge our clarification we would welcome it. Good luck to him also at the RIO Hearing tomorrow.


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  1. Hey BU Family…

    For the record, I have personally been denied the right to speak tomorrow. (I made a strategic mistake. Damn…)

    So I will instead observe and report. Carefully. Using every channel available to me. (I’ve been charging, and buying, many batteries…) (LOL…)

    At the end of the day, if the FTC does not *insist* on an “Outgoing International Call Termination” in the RIO of the recognized incumbent, then they’ve failed us all…

    May we live in interesting times….


  2. @Chris

    Given that you were instrumental in the crafting of many of these documents why would the FTC deny you the opportunity to speak.

    This is especially of concern to us given the odds are usually stacked against the Intervenors, the PEOPLE’s champion?

    We are most disappointed at this turn of affairs.


  3. @David: “Given that you were instrumental in the crafting of many of these documents why would the FTC deny you the opportunity to speak.

    An excellent question. And not one I can answer…

    One *might* have thought that the agency charged with, and claims (upon their home page) that, “The division serves as one of the guardians of consumers’ rights.” might actually take this seriously…

    (But I’ve learnt (the hard way) that I might have learnt not to say “you might have thought…”.)

    (I’d laugh, if it wasn’t so sad….)


  4. I will be there and I hope so, also, will be many loyal BU posters!!


  5. @BU Family…

    For the record, this is audio recorded at today’s “Fair” Trading Commission’s Public Oral Presentations with regards to the Reference Interconnection Offer.

    This was done with the Commission’s permission and knowledge.

    http://www.ideas4lease.com/reports/ftc/ftc_rio_oral_presentations_20090619.wav

    This is a raw, unedited and unaltered recording. My apologies for the low volume. I’m working on a version with “gain” added, and the break period removed.

    I need some time to put together my observations of today, but wanted you all to have access to what happened as soon as possible.

    I would advise that you listen very closely to Blue Communication’s presentation, and note LIME’s follow-up position with regards to the Two Stage Dialing Policy.

    (In short, LIME are arguing that Government Policy doesn’t matter — but rather that they need regulation.)


  6. @Chris

    We look forward to your informed opinion of today’s proceeding given the technical nature of the issue at hand.


  7. @BU Family…

    Here’s a question that perhaps a member of the family can provide guidance on… (Juris???)

    If the Minster responsible takes to Cabinet and has approval by same of a Policy which is in accordance to section 4(2)(b) and 4(2)(f) of the Barbados Telecommunications Act CAP 282B…

    Does then an Statuary Instrument (SI) have to be issued before the Policy takes hold?

    I argue no.

    I argue that the Barbados Telecommunications Act CAP 282B specifies (in 4.1.) that “The Minister shall have responsibility for the management and regulation of Telecommunications in Barbados.

    Further, 4.2.b and 4.2.f (4.2.b which refers to 4.2.a) gives the Minister the ability to define and “publish […] policies […] as determined in accordance with [the] Act.

    I therefore argue that the Minister responsible may define relevant Policy which should be followed, by the ILEC, the CLECs, the Telecoms Unit, and the FTC.

    I would sincerely welcome feedback if I have misinterpreted the Laws of Barbados.

    Does a SI have to be issued before a Policy must be considered?


  8. Chris this link is not working for us.

    LIME comes under fire

    Published on: 6/20/2009.

    IT DOES NOT LOOK as if competitors of LIME will be seeing a significant reduction in telecommunications rates anytime soon.

    Moreover, LIME has dismissed allegations of over-charging client companies offering telephone and other services.

    Yesterday, LIME and four other companies attended a meeting held by the Fair Trading Commission (FTC) to gain more information about the service that allows customers of competing service providers to talk to each other.

    At the meeting, LIME came under fire from Digicel (Barbados) Limited, TeleBarbados Inc., CARITEL and Blue Communications Limited for its overall pricing policy and the rates under the RIO, formally called the Reference Inter-Connection Offer.

    ” . . . The current rates under the RIO are outdated, highly inflated, provides (LIME) with an inordinately unfair market advantage, are anti-competitive and put new entrants at a financial disadvantage,” CARITEL’s leader Hallam Hope charged.

    He further charged that under the current arrangement, customers were denied the opportunity of “reaping the benefits of competition”. It also “undermined the best efforts of Government and the business sector to aid the development of a more competitive economy”, he added.

    In the closing stages of the meeting held at the Lloyd Erskine Sandiford Conference Centre, commissioner Professor Andrew Downes asked LIME vice-president Frans Vandendries whether, based on his experience, he saw “any room for reducing the inter-connection rates”.

    Vandendries responded: “In the absence of having looked at the costs, I would be leery of just reducing rates for the sake of reducing rates . . . and that is why I think we need to do this next step of looking at the costs, or the appropriate methodology for determining rates.”

    Professor Downes also asked Vandendries, who handles legal, regulatory and corporate matters for the telecommunications giant, about the claims of “excessive rates”.

    “I would reject the claim because there is no basis for that claim,” the spokesman said. (TY)


  9. @David…

    The link to the audio above is correct. Five people have downloaded it so far.


  10. I have broken the above audio file into different sections — one for each presenter. These have been “normalized” (read: volume increased) and converted into MP3 format.

    I’m going to put each one into a different comment, to avoid automatic normalization.

    The first one is the opening statement by the FTC Chairman and LIME’s opening statement.

    http://www.ideas4lease.com/reports/ftc/rio_oral_present_opening_lime.mp3


  11. Next was TeleBarbados. Here they argue that the TSD and EQA / IDA Policies should be enforced. They further argue that IP level interconnection should be introduced (this is what is generally known as a Network Access Point (NAP).

    http://www.ideas4lease.com/reports/ftc/rio_oral_present_telebarbados.mp3


  12. Next was Digicel. They arguing strongly against an Access Deficit Charge (ADC).

    http://www.ideas4lease.com/reports/ftc/rio_oral_present_digicel.mp3


  13. Next was Blue Communications. I ask anyone interested to pay particular attention to their presentation, as they raise all the issues I would have if I’d been allowed to speak.

    Please also note that they ask for proof that the review of the TSD and EQA/IDA Policies claimed by LIME actually is happening, and if so, why its taken 18 months, and why they were not aware of this.

    http://www.ideas4lease.com/reports/ftc/rio_oral_present_blue.mp3


  14. After the break, LIME was given the opportunity to speak to the other presentations.

    Very importantly in my mind, they stated at this point that the requested review was denied (reversing what they said in their opening statement), but then said that they didn’t believe that Government Policy meant anything, but instead that there had to be regulation (my paraphrasing).

    http://www.ideas4lease.com/reports/ftc/rio_oral_present_lime_closing.mp3

    This concluded the presentations.


  15. […] FTC got the Reference Interconnection Offer (RIO) wrong the first time it was implemented, and then again after the […]

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