THE CONSTITUTIONAL Court began hearing legal arguments yesterday in the motion brought by InfoChannel Ltd. The Internet service provider, which is seeking US$27 million in compensation from the government for what it says are breaches of its constitutional rights.
InfoChannel is challenging the Telecom-munications Act 2000 and is asking the court to find that it is unfair for the government to provide Cable and Wireless Jamaica Ltd., the telecommunications giant, with a monopoly over the technology to facilitate voice-over-Internet protocol.
It is contending that Phillip Paulwell, Minister of Commerce and Technology, breached its right under section 22 of the Constitution that guarantees freedom of speech. It is claiming that its right was breached when the minister refused to grant a licence for InfoChannel to operate VSAT communications systems.
The court is being asked to find that the refusal to grant the licence prevented the company from providing several services including voice-over-Internet protocol. It claims that the combined effects of the Telecommunications Act and the actions of the Office of Utilities Regulations (OUR) and the minister had resulted in the compulsory acquisition of its proprietary rights in respect of its contracts with its subscribers.
InfoChannel is contending that the minister has by the agreement made with Cable and Wireless, ceased to be an impartial arbiter in the determination of the relevant issues affecting InfoChannel's civil rights and obligations. It is arguing also that it has been deprived of its right to protection of law or due process in that both the OUR and the minister have approached its application for a service provider licence on the basis that it has no right to contend that Cable and Wireless has no exclusivity or legitimate claim to prevent InfoChannel's voice-over-Internet services. It is accusing them of failing to give it an independent and impartial hearing.
InfoChannel is seeking damages of US$100,000 monthly for contravention of its constitutional rights.
The hearing will continue today before the Constitutional Court composed of Mr. Justice Basil Reid, Mr. Justice Karl Harrison and Mrs. Justice Norma McIntosh.
Dr. Lloyd Barnett is making submissions on behalf of InfoChannel.
Patrick Terrelonge, managing director of InfoChannel, has submitted an affidavit, alleging certain breaches.
