The court has ruled against the regulator in a case brought by a mobile phone company.
Clear Mobitel successfully appealed against a decision by the Jersey Competition Regulatory Authority to revoke a recommendation to back proposals adopted in 2009 for providing next-generation mobile telecommunications for the Island.
Review
The JCRA wanted to review the proposals for the licensing for use of spectrum in the 2600MHz bandwidth, partly because it wants a pan-Channel Islands solution for the new technology.
But the court has quashed the JCRA’s decision and found that it acted ‘in a procedurally unfair manner’, after hearing arguments from the phone company’s lawyer, Advocate Olaf Blakeley.
However, the court says that because it only revoked the licence on procedural grounds, it was still open to the JCRA to reconsider whether to revoke its recommendations.
