A hearing to determine the scope of an appeal by Broadnet Ireland Ltd against the refusal to award it a broadband telecommunications licence has been fixed for the High Court next Wednesday.
Ms Justice Laffoy yesterday adjourned the hearing to Wednesday next after being told the Office of the Director of Telecommunications Regulation (ODTR) and other parties required time to respond to a new affidavit from Broadnet, which they had received on Thursday evening.
Mr Michael Cush SC, with Mr Paul Gardiner, for Broadnet, said he accepted the affidavit "radically alters the position". Mr Donal O'Donnell SC, for the regulator, said the affidavit set out revised grounds of appeal and could reduce and shorten the scope of the appeal. His client had not seen the affidavit and it was necessary to take instructions.
The adjournment application was supported by lawyers for four other companies to whom the regulator proposes to award broadband licences - Eircom, Esat Telecom, Princes Holdings Ltd and Formus Communications (Ireland) Ltd.
No broadband licences have yet been issued because of the existence of the legal proceedings and both the regulator and successful licence applicants have claimed this has caused multimillion pound losses and "institutional gridlock" within the telecommunications industry.
Ms Justice Laffoy fixed Wednesday for the hearing on the scope of Broadnet's appeal. She would also hear applications by the regulator and successful licence applicants for the fixing of security for costs against Broadnet on that date.
Last month, the judge ruled that a separate judicial review challenge by Broadnet to the refusal of its licence application cannot proceed unless and until Broadnet provides an undertaking to pay - in the event of it losing the action - estimated multimillion pound damages which the regulator and successful licence applicants claim to have incurred and are continuing to suffer as a result of the proceedings.
She further directed that the undertaking be fortified in a manner to be agreed by the parties involved or directed by the court.
