Judge to consider ruling in telecommunications court case

Описание: Gibtelecom is arguing Gibfibre and GibSat wouldn’t have been able to take as many customers as they have from Gibtelecom if it weren’t for them offering unlicensed TV channels to do it.

In the final day of the telecoms dispute, lawyers for Gibtelecom put forward closing arguments on why they’re suing GibFibre, GibSat, and directors Albert and Genevieve Sheriff for damages dating back to 2015.

The company is also seeking an injunction that would bar GibFibre from carrying any such channels in the future.

Gibtelecom argues it has lost thousands of customers because GibFibre and GibSat offered bundles including unlicensed TV channels. 

Anthony De Garr Robinson KC, representing Gibtelecom, set out reasons why to the judge presiding over the case, Justice Matthew Happold.

Mr De Garr Robinson set out in his closing arguments that some 200 channels provided by Gibsat & Gibfibre are not licensed.

He said the provider as well as Umee had “admitted” this during a 48 hour blackout organised by both in 2020.

He highlighted there was a record of this unlicensed content as Gibfibre keeps seven days worth of television content on its platform for customers to access via catch up.

The Gibtelecom lawyer argued that if you were to take away those 200 unlicensed channels "you’re left with a broadband television offering that is substantially less attractive to consumers and would provide much less incentive to get them to switch".

Mr De Garr Robinson argued customers had to switch to maintain continuity with their TV service, as the product was offered as a television and internet bundle.

On Gibfibre’s argument that the reason people switched is because they offered a better, cheaper product, Mr De Garr Robinson said Gibtel's broadband offering was adequate for most customers.

With the backing of a survey from the Regulatory Authority, he stressed there was no evidence of any particular inadequacy with the copper wiring used for its VDSL offering.

He said the survey showed people were happy with the service they were getting from Gibtelecom.

Gibfibre lawyers had an opportunity to respond to Gibtelecom’s arguments before the end of proceedings.

Justice Matthew Happold will now consider his ruling.