Govt says change to telecom law was ‘completely transparent’

The Gibraltar Government has hit back at Gibfibre in the row over a change to Gibraltar’s telecommunications law to prohibit new licences for mobile telephone networks in Gibraltar.

Gibfibre had said the new legislation was rushed through Parliament and threatened the integrity of Gibraltar’s business environment, potentially opening the door to “monopolistic practices” in the telecommunications sector or any other sector.

The company, which had already invested “millions” toward a new mobile network, said the move favoured Gibtelecom and “obstructed” Gibfibre’s service launch.

It urged the government to engage in a constructive dialogue aimed at creating a “fair, diverse, and innovative” telecommunications landscape that benefits consumers.

But in a statement, No.6 Convent Place said that prior to the last general election, it had engaged with Gibfibre on its plans to move to a “single-operator model”.

“This has been under consideration for some time, with complete transparency about the proposed licensing changes,” No.6 said in the statement.

The Government said its decision sought to safeguard long-term stability, service quality and consumer protection within Gibraltar’s telecommunications sector.

“Additionally, HMGoG notes that Gibfibre recently lost its competition civil action against Gibtelecom and, as a result, is now required to pay Gibtelecom’s legal costs from that case,” the statement said.

“The argument on competition is therefore not as simple as it is made out to be.”

“Further, despite Gibfibre’s claim of unfair competition, the only other allegation of unfair competition HMGoG is aware of relates to Gibfibre itself.”

“HMGoG understands that Sky has recently made a formal complaint to the Royal Gibraltar Police requesting police action to cease alleged illegal transmission of its channels in Gibraltar.”

“In addition, it is understood that Gibtelecom who provides - but pays for - similar content, is pursuing private litigation in the courts of Gibraltar against Gibfibre.”

“Ensuring a fair playing field in Gibraltar’s telecommunications industry is central to the Government’s legislative efforts, and we will continue to pursue new regulations to safeguard consumer interests and foster an equitable market environment.”

“Finally, it should be understood by the public that Gibtelecom has legal responsibilities requiring it to provide territory wide service in an uninterrupted basis which would not apply to a new operator and which give a significant unfair advantage to a competitor.”

“GibFibre seem to wish to avoid disclosing all of these matters to the public.”

The Government said it would be prepared to communicate with Gibfibre “on a positive and constructive basis, as it does with all businesses” should the company “genuinely seek such engagement instead of pursuing a high-profile exchange of press releases with the Government”.

An RGP spokesman confirmed the force had received a complaint from Sky but declined to comment further.

Gibrfibre has been contacted for comment.