DISPUTE C02/19
Determination issued by the Gibraltar Regulatory Authority ("GRA") pursuant to its powers and obligations in section 95 of the Communications Act 2006, in respect of the dispute concerning a GibFibre Ltd ("GibFibre") request for access in the form of a wholesale leased line to customers located at a data centre in Mount Pleasant, Gibraltar.
Background
On 13th February 2019, the GRA received a request for the resolution of a dispute from GibFibre, an authorised operator under the Act. GibFibre asserted that Gibtelecom Limited ("Gibtelecom") had breached its obligations as imposed by the GRA, and in doing, was effectively not granting GibFibre the opportunity to enter into a wholesale leased line agreement. On 7th March 2019, and in accordance with its procedures, the GRA communicated by way of a statement to both Gibtelecom and GibFibre that it had accepted the request for resolving this dispute.
On 24th June 2019, the GRA sent to both parties its Proposed Determination, with a view that an opportunity be provided to both parties, to make any representations by 5th July 2019. Comments were received from GibFibre and Gibtelecom respectively. The GRA advised both parties that in order to promote transparency within the dispute process, the GRA intended to publish Gibtelecom's and GibFibre’s comments with respect to the Proposed Determination, and asked both parties to confirm if any of their respective submissions were confidential and whether the parties had any objection to these being published by the GRA. The GRA also advised that it would be taking into account replies received from both parties before deciding which course of action to take.
GibFibre replied stating that it had no objections to the GRA publishing its response whilst Gibtelecom replied stating that it had no objection, save to redact a reference to previous correspondence which remains the subject of legal proceedings.
Having taken account of the comments received by both parties, the GRA published Determination C02/19 together with an accompanying Statement. Gibtelecom successfully appealed against Determination C02/19 in the Supreme Court (the “Court”) resulting in an order dated 14th April 2023 to reconsider the GRA’s position and adopt a decision in accordance with the findings of the Court. The GRA has therefore, issued Determination C02/23, having reached its conclusion as to how the dispute between GibFibre and Gibtelecom is to be resolved. Determination C02/23 replaces Determination C02/19 issued 16th July 2019.