Court refuses application by Digicel for more TSTT records

Justice Bereaux today refused an application by Digicel that sought to make TATT re-do a data validation exercise at TSTT. The application included a request to compel TSTT to supply Digicel with additional network traffic information and this too was declined by the court.

This latest application by Digicel stemmed from a February 15, 2007 order from Justice Bereaux that a data collection exercise be carried out at TSTT¹s Nelson Exchange by TATT in the presence of Digicel to access all translations/programming associated with the routing of calls from the Claimant's network to the Defendant's fixed line and mobile networks.

The exercise was carried out in April 2007 and a report was produced by TATT. Digicel being dissatisfied with the report of TATT returned to Court by an application filed on July 25, 2007 asking that the exercise be re-done or that they be permitted to obtain additional information relating to the period October 1 to 25, 2006.

The Court refused Digicel¹s application for 2 reasons: 1. the first request to re-do the TATT exercise was unnecessary and 2. TSTT indicated on affidavit that the additional information they sought by the July 25, 2007 application could not be provided since this information was automatically overwritten on TSTT's data storage system to accommodate new information since December 2006. TSTT's position on this was if Digicel had asked for the information earlier (before December 2006) they would have been able to provide it but at this late stage the information was already overwritten. It was noted that this information was not required to be stored and not storing it after 2 months was in keeping with international telecommunications practice and procedure.

The Court held that it was not about to make an order in vain and if the information was overwritten then no order can be made for TSTT to provide it.

Justice Bereaux said in any event the way this information was to be dealt with was a matter for the trial and he could not adjudicate on it in an interlocutory application.