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SMART Appeals Before PUC Decides
posted (December 24, 2009)

Earlier this month we told you that the Public Utilities Commission would issue a decision on the dispute between BTL and SMART on December 23rd. That was yesterday, but when we checked, no decision was forthcoming. Today Chairman of the PUC John Avery told us that’s because yesterday his office received a notice of appeal from SPEEDNET’S lawyers Barrow and Company and Courtenay Coye and Company.

The notice informs the PUC that SPEEDNET will appeal the PUC’s November 25th, decision on four grounds - including the ground that the PUC showed bias and was politically motivated in its decision. The appeal claims that, “the PUC sought...to advance the stated position of the Government of Belize.”

Today Chairman John Avery said that the appeal is premature. He said, “We have made no order and issued no decision.” He added that he feels the appeal is, “based on a premise that the PUC has made decisions and orders and it has done no such thing.” Avery concluded that it is, “a strategy to capture the (Public Utilities) Commission through the courts.” By “capture, we gather he means “immobilize.”

Avery also commented on that fact that Barrow and Company which is currently representing the PUC in a matter concerning BEL is now part of the SPEEDNET appeal against the same PUC. He said the PUC will have to take a decision on how to proceed with that – but there is a possibility that they will make an application to have that firm removed from the case. And while no date to hear that appeal has been set, Avery says we can expect orders involving the telecoms industry to be coming out of the PUC within the next two weeks. He did not specify what those orders would cover.

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