High Court approves Flow to file legal claim against government minister and NTRC

Hon Gregory Bowen

by Linda Straker

  • High Court in Grenada approved Flow to file lawsuit
  • Gregory Bowen and NTRC to be sued on grounds of discrimination

The High Court in Grenada has provided the approval for telecommunications provider Flow to file a lawsuit against Gregory Bowen in his capacity as Telecommunications Minister and the National Telecommunications Regulatory Commission (NTRC) on the grounds of discrimination.

“Cable & Wireless Grenada Ltd. (‘Cable & Wireless’), doing business as Flow Grenada, has obtained leave from the High Court to sue the Minister of Telecommunications, Hon. Gregory Bowen and the National Telecommunications Regulatory Commission (‘NTRC’), over alleged improprieties in the issuance of Spectrum Licence s to telecommunications providers in Grenada,” said a news release from Flow on Tuesday.

“The Court granted leave for Cable & Wireless to pursue a claim against the Hon. Minister and the NTRC for the Court to adjudicate on whether certain procedures and decisions of the Hon. Minister and the NTRC, may have been illegal, improper and unreasonable.”

Cable & Wireless said in the release that since 2008, it applied to the NTRC and the Hon. Minister repeatedly for an LTE Spectrum Licence without success. “Cable & Wireless, therefore, considers the failure of the Minister to grant an LTE spectrum licence to Cable & Wireless as discriminatory. The actions of the Hon. Minister and the NTRC place Cable & Wireless at a compounded market disadvantage, in not being able to provide LTE services,” said the release which listed Sheldon Keens-Douglas, Senior Manager Communications, Central Caribbean as the person to contact for further inquiries.

“This will have long-lasting negative commercial consequences on the company and may negatively impact the way its brand and products are perceived in the market by customers,” the release said.

Having been granted leave, Cable & Wireless is entitled within 14 days, to pursue an action in the High Court, asking the Court to review the disputed procedures and decisions of the Hon. Minister and the NTRC.

Recently appointed Attorney General Darshan Ramdhani said in the weekly Tuesday post-cabinet briefing that he was yet to see legal claim and is unable to respond or provide an update.

In December, Bowen informed the nation while speaking at the Parliament that Flow had threatened to take legal action but claim that the failure was due to Flow not complying with the recommendation to have a discussion with another provider who is using the same spectrum that it is applying to use to provide the LTE service.

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