15 Call Centres take RIC to court

FIFTEEN International Call Centres were yesterday granted leave to apply for judicial review of the decision of the Regulated Industries Commission (RIC) for the Centres to discontinue their “illegal” operation. Justice Sebastien Ventour, presiding in the San Fernando High Court, granted leave after hearing an ex-parte application which was argued by Kamla Persad-Bissessar. The 15 operators have been granted leave to apply for an order to question the decision of the RIC and a declaration that the Commission had “no power, authority, responsibility or duty” to make the decision they did. The operators are also seeking damages and costs. Hearing has been adjourned to May 12. The leave was granted by the judge after reading affidavits from former Director of Telecommunications Winston Ragbir and Richard Hart, owner of Worldwide Calling Centre, of 13 Chacon Street, Port-of-Spain.

In his affidavit, Hart said that he and the other owners operate a Voice Over Internet Protocol (VOIP) connection centre, commonly known as an International Calling Centre. He said the operators purchased equipment and services from Caribbean Management Incorporated (CMI) and Net2Phone Inc, of the United States. Hart said that in June 2003, he approached CMI and expressed interest in beginning an International Call Centre, which was eventually installed at Chacon Street. His initial investment for the start of operations was $25,000. The other operators invested around the same amount. After making his investment, Hart said he began operating his centre to the public. He said he did not use any telephone system belonging to TSTT.

In September 2003, Hart said he was advised by CMI that Net2Phone executives from the United States would be in Trinidad on September 15, 2003. He said they wanted to meet him as he was one of the first operators to use the equipment and services. On February 2, Hart said he read in the newspapers that TSTT and Net2Phone had formed a relationship to offer certain facilities. He found out that TSTT would sell new overseas telephone cards for use at public pay phones to allow users to call abroad. Hart said that on April 8, Sam Martin, Chief Executive Officer of TSTT, stated in a television interview that calling centres were illegal and would be shut down due to a determination by the RIC that calling centres require a licence to operate legally.

Hart said the RIC published in the daily newspapers on April 11 and 13 that the International Calling Centres were illegally providing a telephone service without a licence, but the statement failed to advise on the procedure to obtain such a licence. Hart said he called the RIC on April 12 seeking further information, but was unsuccessful. Two days later, Hart said he received a letter from the RIC indicating that he was operating a centre without a licence which made him liable to a summary offence and calling on him to cease his operation. Hart said that at no time did the RIC afford him or the other operators an opportunity to be heard before it made its decision. Hart said that following Martin’s statement, the operators suffered loss and damage. “Our customer flow and revenue earnings have declined by not less than 40 percent and we have been gravely injured in our business, character, credit, and reputation and have been brought into public scandal, odium, contempt, and continue to suffer loss and damage,” Hart added.