The Telecommunications Act, 2001 requires the Authority to establish a dispute resolution process
As part of its mandate to liberalise and to regulate the telecommunications and broadcasting sectors in Trinidad and Tobago, Section 82 of the Telecommunications Act, 2001 requires the Authority to establish a dispute resolution process to be utilised in the event of a complaint or dispute arising between parties in respect of the following:
- Complaints by users, operators of telecommunications networks, providers of telecommunications and broadcasting services or other persons arising out of the operation of a public telecommunications network, or the provision of a telecommunications or broadcasting service, in respect of rates, billings and services provided generally (Section 18(1)(m) of the Act);
- Disputes arising between concessionaires relating to any aspect of interconnection, including the failure to conclude an agreement made pursuant to paragraph (e), or disputes as to price and any technical or other term and condition for any element of interconnection (Section 25(2)(h) of the Act);
- Where a negotiated settlement as required under Section 26 of the Act cannot be achieved; or
- Any other matter that the Authority considers appropriate.
Dispute Resolution Procedures
“In the liberalization of telecommunications markets, disputes among operators may arise due to various competition issues including interconnection and pricing agreements. In the Caribbean, the major challenge of regulators has been disputes that arise between operators over interconnection agreements and Trinidad and Tobago.
In January 2006, the Authority published the Procedures for the Resolution of Disputes in the Telecommunications and Broadcasting Sectors of Trinidad and Tobago, with the aim of settling disputes in conformance with section 82 of the Act. Subsequent to the handling of several disputes, the 2006 Procedures was amended by the Authority in 2010.
In 2018 a dispute regarding the cost for the provision of wholesale domestic services and pole rental facilities was referred to the Authority. In 2019 two disputes regarding the international incoming call termination rates were referred to the Authority for resolution.
Having completed these disputes, the Authority recognized the need to update and streamline the Procedures, as well as give the appointed dispute resolution panel more control over certain aspects of the proceedings.
The 2022 Procedures for the Resolution of Disputes in the Telecommunications and Broadcasting Sectors of Trinidad and Tobago addresses disputes regarding matters arising in relation to sections 18(1)(m), 25(2)(e), 25(2)(h) and 26 of the Act and any other matter that the Authority considers appropriate for dispute resolution.”