[UPDATED] Digicel seeks injunction over number portability

DIGICEL has filed an application for an injunction against its mobile competitor TSTT seeking to stop its rejection of subscribers wanting to port their numbers to the Digicel network.

The injunction application was filed last Monday and is expected to come up for hearing next Monday.

In the notice of application, Digicel wants the court to restrain TSTT from “rejecting customer requests to port their mobile telephone numbers from TSTT to Digicel TT” for reasons other than what is contained in the February 2016 contract between mobile providers in TT.

Digicel has also asked for an order to prevent TSTT from encouraging customers from looking to port to Digicel TT to withdraw their requests.

The application says the Telecommunications Authority (TATT) has made it mandatory for mobile phone operators to facilitate portability. It added that the concessions granted to both Digicel TT and TSTT each contain a condition that concessionaires “shall, in accordance with any regulations relating to number portability, facilitate the portability of numbers assigned to any customer of any operator of public telecommunications networks or provider of public telecommunications services."

The application said there was an “unprecedented increase in rejections by TSTT” during a six month period between January to June 14. It said a total of 9,274 porting requests were submitted by Digicel. There were 2,223 rejections for the six-month period.

It also spoke of an increase in the rejection code of “other” from ten in four months to 1,266 from May to June. There were also rejections because of “bad debt.”

Digicel says its goodwill and trading reputation continues to be affected and it has suffered a loss in credibility and incalculable loss and damage.

It also said it was prepared to provide an undertaking in damages as part of its application, adding that damages were not an adequate remedy for it.

In a statement, Digicel said it has been concerned with the high level unsuccessful ports over the past two months.

The statement said that, on its side, the agreed industry process for porting was being observed.

“These proceedings have been filed so as to ensure that customers’ freedom to exercise their right to choose their preferred mobile operator is respected.

“This is about doing what is right for customers. Over the past year, we have made significant investments to ensure that we can offer the best and most reliable customer-focused network in Trinidad & Tobago. Now we are standing up for customers who wish to exercise their freedom of choice,” Jabbor Kayumov, Digicel TT’s chief executive officer was quoted in the statement.

“We are excited that thousands of their subscribers have expressed a desire to switch to Digicel and we look forward to warmly welcoming them to our family, where they are guaranteed a better experience, with much more value,” the statement said.

Digicel is represented by attorneys Adrian Byrne and Jason Mootoo.

This story has been adjusted to include additional details. See original post below.

DIGICEL has filed an application for an injunction against its mobile competitor TSTT seeking to stop its rejection of subscribers wanting to port their numbers to the Digicel network.

The injunction application was filed last Monday and is expected to come up for hearing next Monday.

In a statement, Digicel said it has been concerned with the high level unsuccessful ports over the past two months.

The statement said that, on its side, the agreed industry process for porting was being observed.

“These proceedings have been filed so as to ensure that customers’ freedom to exercise their right to choose their preferred mobile operator is respected.

“This is about doing what is right for customers. Over the past year, we have made significant investments to ensure that we can offer the best and most reliable customer-focused network in Trinidad & Tobago. Now we are standing up for customers who wish to exercise their freedom of choice,” Jabbor Kayumov, Digicel TT’s chief executive officer was quoted in the statement.

“We are excited that thousands of their subscribers have expressed a desire to switch to Digicel and we look forward to warmly welcoming them to our family, where they are guaranteed a better experience, with much more value,” the statement said.