Errol K Miller

Response from Errol K Miller, head of corporate communications at Cable & Wireless Jamaica.

In an article appearing in the Business Observer dated 28th July, 2004, entitled "War heats up for overseas call business", critical misrepresentations were made in respect of Cable & Wireless Jamaica Limited (C&WJ). As a result, C&WJ has suffered irreparable harm to its reputation and goodwill.

C&WJ would like to point out firstly that some new entrants have viewed full liberalisation of the telecommunications industry as validation for a structure in which once a licence has been granted, there is freedom to flout the governing law and regulations. This is not the case.

Operators are obliged to act within the parameters of the laws and must adhere to the agreed terms and conditions of their commercial agreements. C&WJ has facilitated new entrants in the market, and has entered into contractual relations with several operators for the provision of wholesale services for resale to consumers.

Courtney Jackson

In the recent past C&WJ has been forced to take action against breaches of material obligations such as non-payment of bills and activities contrary to the terms and conditions of agreements. As a result, there have been lawful disconnections and/or suspension of services to some new entrants.

It is vital to note that in instances where legal challenges were launched against C&WJ for these disconnections, the courts have ruled in C&WJ's favour, and the court has upheld C&WJ's right to protect not only its revenues but the integrity of its commercial agreements. Additionally, telecoms operators have been urged to abide by their contractual obligations.

Voice Over Internet Protocol (VOIP) is a transport mechanism in the evolution of transmission technology in telecoms, and in the current dispensation may be deployed by telecoms operators with the proper licences, equipment and, where C&WJ services are being utilised, the relevant contractual arrangements. The Observer article states that "VOIP players charge that C&W has been blocking their calls and affecting their quality of service, in a bid, they say to protect their market share."

C&WJ has made no attempts to sabotage the new players, as is suggested in the article. This statement is therefore untrue and harmful to C&WJ's reputation as a law-abiding corporate citizen. Moreover, the article gives an impression that C&WJ is non-compliant with the Laws of Jamaica and is actively seeking to offend the liberalisation process.

There is also mention of a company named Avoxi and several quotes from its chief of operations, Mr Greg Dalmar. He is quoted as saying that "Avoxi were paying US$13,000 per month for a T1 line", furthermore, that C&WJ has a "slow DSL connection which behaves like a "dial-up internet connection".

For the record, the average cost of a T1 is US$8,420. Moreover, C&W would like to take this opportunity to state unequivocally that it has never entered into a commercial agreement with Avoxi for the provision of wholesale services.
Therefore, the references made to C&WJ's services and its prices are a deliberate attempt to libel the organisation to not only the local readers of the Observer but also to international readers, as the publication is available on the worldwide web.

C&WJ has written to the Office of Utilities Regulations demanding a public apology from its deputy director-general, Mr C Courtney Jackson whose statements as they appear in the article are inaccurate and exhibit scant disregard for procedural fairness. The article reports Mr Jackson as saying that the office has concluded that C&WJ is "engaged in anti-competitive practices".

However, further statements in the article attributed to Mr Jackson clearly indicate that the office has no basis for this allegation. C&WJ maintains that the office must remain mindful of its obligation to act in a dispassionate, objective and fair manner and, as such, Mr Jackson's comments are irresponsible and unfair and serve to undermine the office's consultation process.

C&WJ has always conducted its business with utmost regard for the law, and is dismayed that the Observer has not sought comment from C&WJ on these defamatory comments.

The Observer did in fact forward a list of questions to C&WJ in respect of VOIP. However, the Observer failed to raise these potentially libellous statements with C&WJ for comment and, as such, the article has put the company's name in disrepute without the courtesy of and regard for the importance of giving the company an opportunity to defend itself against untrue, misleading and inappropriate statements.

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