Opposition Questions C&W Contract
Does Cable & Wireless have a license to provide Internet Services in the British Virgin Islands? That was essentially the question posed to Minister of Communications and Works the Honourable Alvin Christopher by Member for the 8th District Hon. Lloyd Black of the opposition National Democratic Party.
He wondered whether with the differences that have been identified with regards to data versus voice communications, if Cable & Wireless' telecommunications contract with the government includes or was amended to include the provision of Internet services. Hon. Christopher said the contract does incorporate Internet service. He confirmed that it covers voice and data telecommunications technology.
The Cable & Wireless West Indies Ltd. Telephone Ordinance Chapter 168 Section 44 sub-section 1 states "subject to the provisions of this ordinance, the company shall have the exclusive rights within the Virgin Islands to acquire, construct, maintain and operate telephone lines and telephone services for the public use for hire or toll or for rental or call fees."
According to the Minister of Communications and Works, it is clear from this provision that Cable & Wireless was granted a monopoly with respect to telephone lines and services. He said it is therefore necessary to ascertain the legal meaning of telephones lines and telephone services. In section 2 (1) of the ordinance, the expression "telephone line" is defined as including a wire or wires, conductor or other means used for the purpose of telephonic or electric signal communication, with or without any casing, coating, covering, tubes, poles or pipe or insulator enclosing surrounded by supporting or with any part thereof. The same section defines "telephone services" as including building, maintaining and operating a telephone system and the utilization of the same for the purpose of transmitting the sound of human voice or electronic signal over, through or by means of electronic wire or other electrical device. Section 2 (1) goes on to define "telephone system" as including the building, installation exchange telephone line, telephone post, mechanical appliance and things of whatsoever description required for the purpose of providing telephone services and telephonic or electronic signal communication. "Mr. Speaker, with respect to the contract, it states that national telecommunication system and service shall mean the telecommunication system of the British Virgin Islands and the service provided by means thereof," Mr. Christopher went on to quote from the relevant documents. "Such service shall include the transmission and reception of voice data...or any other service or facilities that may be developed and become available from time to time, but shall exclude the broadcasting of radio and television programmes by any means other than cable reception." He said accordingly, both the law and the contract relating to Cable & Wireless do cover the Internet service.