The Supreme Court of Vanuatu has dismissed a case brought by incumbent cellco Digicel Vanuatu against the telecoms watchdog Telecommunications and Radiocommunications Regulator (TRR). According to a regulator’s press release, Digicel filed a judicial review claim against TRR in 2011, claiming that TRR had no power to carry out internal reviews of a prior internal review, under section 52 of the Telecommunications and Radiocommunications Regulation Act (TRR Act) No. 30 of 2009. The move was prompted by TRR’s Decision 02/2011, under which the regulator proposed to issue interconnection rates for fixed and mobile termination based on cost, which were much lower than the benchmark rates determined in 2010. The Supreme Court ruled that the regulator indeed has the power to carry out internal reviews of a prior internal review under Section 52 of the TRR Act, and dismissed Digicel’s case.
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