(CMR) A long-running dispute between local broadband service providers FLOW and C3 has been resolved following arbitration proceedings mediated by ICT regulator, OfReg. The 127-page determination document found some points in favor of C3 and others in favor of FLOW.
C3 submitted an initial Dispute Determination Request to OfReg in June 2019 regarding several issues it was experiencing obtaining infrastructure sharing services with FLOW. As the operator of the MAYA-1 subsea cable, FLOW is legally obliged within the terms of its license to provide shared infrastructure access services to other licensed broadband services providers in the Cayman Islands.
OfReg conducted an extensive investigation and consultation process with both companies to establish the facts of the dispute. The alleged issues ranged from slow or uncompleted work, appropriate pricing for access, to technical issues on sub-duct sizes and access to install equipment at the MAYA-1 cable landing station.
OfReg has since made a number of determinations on the various issues, creating the opportunity for both companies to resolve their issues. A summary and the full determination document are publicly available on the OfReg website at https://www.ofreg.ky/ict-determination-2022-1-c3-flow-dispute-re-infrastructure-sharing
Executive Director for Information Communication and Technology at OfReg, Mr. Sonji Myles said: “Two of OfReg’s principal functions in the ICT sector are to promote and maintain an efficient, economic and harmonised utilisation of our ICT infrastructure, and to resolve disputes on the sharing of ICT infrastructure between service or network providers.
In doing so, we ensure a level playing field for licensees, protect the interests of the public and promote competition and choice for consumers. In this case, an intervention was required to resolve a number of issues that we are satisfied now means both licensees are compliant with the terms of their licenses and can equally provide consumers with more choice and better services in the future.”