Telecom operators take ICTA to court

The seven telecom operators in Sri Lanka, Celltel Lanka (Private) Limited, Lanka Bell (Private) Limited, Suntel Limited, Sri Lanka Telecom Limited, Mobitel (Private) Limited, MTN Networks (Private) Limited, Hutchison Telecommunications (Private) Limited instituted action in the District Court of Colombo against the Information and Communication Technology Agency of Sri Lanka ("ICTA") and obtained enjoining orders preventing ICTA from proceeding with the Request for Pre-Qualifications issued by ICTA in connection with the proposed issue of licences for Regional Telecommunication Networks in the deep South and North East quadrants of Sri Lanka.

The telecom operators complained that the proposed action by the ICTA was in violation of the Sri Lanka Telecommunications Act as well as in violation of the rights of the said operators as contained in their respective licences which will lead to a destruction of the level playing field and to anti-competitive practices in the telecommunications sector. The operators complained that ICTA has arrogated to itself the powers and obligations of the TRC and is seeking to embark on a course of action to issue licences to set up Regional Telecommunication Networks.

All of the telecom operators have also complained to the Telecommunications Regulatory Authority of Sri Lanka ("TRC") and have requested the TRC to hold a public hearing regarding the issue of licences for the Regional Telecommunication Networks.

Court made orders restraining the ICTA from taking any steps whatsoever in pursuance of the RFPQ. The said enjoining orders are effective till 29th March, 2005.

Mr. Kanag-Isvaran, PC with Avindra Rodrigo instructed by M/S F. J. & G. de Saram appeared for Celtel, Lanka Bell and Suntel.