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OUR: Appeals Court ruling means Symbiote (Caricel) not authorised to operate in Jamaica

by March 31st, 2019

The Office of Utilities Regulation (OUR) said that as a result of Friday’s Court of Appeal decision, Symbiote is not authorised to own, or operate a facility, nor is it permitted to provide telecommunications, or other specified services, as defined in the telecommunications act, to the public.

However, reports of the impending shut down of Caricel, has not found favour with social media users, who complained that local investors were being mistreated by the government.

The OUR in a statement today ( Mar 31) said the Court of Appeal denied Symbiote’s application for a stay of the Technology Minister’s decision to revoke its telecommunications licences, and set aside the order granting it permission to appeal.

The court’s decision upheld the December 2018 Supreme Court decision to deny Symbiote’s application for leave, to apply for judicial review of the minister’s decision.

The OUR said the Court of Appeal also refused the company’s request that a temporary stay be granted until it makes an application for permission to appeal to the Privy Council.

The minister, by letter dated June 12, 2018 indicated that, with effect from April 10 2018, six telecommunications licences issued to Symbiote Investments Limited, under the Telecommunications Act were revoked.

Symbiote challenged the minister’s decision, but on December 7 last year, the Supreme Court denied its application for leave to apply for judicial review of the minister’s decision.

Symbiote then took the matter to the Court of Appeal, seeking to appeal the Supreme Court’s decision, and also requesting a stay of execution of the minister’s decision.

The ruling from the court of appeal against Symbiote was handed down last Friday.

The utilities regulator said following the appeal court’s decision, within the coming weeks, it will be exercising its powers, under the telecommunications act, to ensure compliance with the provisions of the act, and to protect the interest of consumers.

 

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