Premier and Minister of Finance, Honourable Andrew A. Fahie (R1) has scheduled a meeting with executives of the BVI Electricity Corporation (BVIEC) and BVI Cable TV regarding the contentious issue of pole sharing. Photo: VINO/File

General Manager of the BVI Electricity Corporation (BVIEC) Mr Leroy A. E. Abraham, left, and CEO of BVI Cable TV Mr Romney Averad Penn are expected to be part of the meeting on Monday, October 7, 2019. Photo: VINO/Facebook

BVI Electricity Corporation (BVIEC) has accused BVI Cable TV of accessing BVIEC’s poles without its permission and that ‘some of their reckless attachments were creating safety risks to both the public and BVIEC’s personnel’. Photo: Facebook

The meeting, according to the Government Information Service (GIS) will be held on Monday, October 7, 2019.

Premier Fahie has made himself available to listen to the concerns of BVIEC and BVI Cable TV regarding pole sharing. The Chief Executive Officer of the Telecommunications Regulatory Commission will also be present, according to GIS.

“It is hoped that ultimately the parties would find common ground in advancing the best interest of all stakeholders in a manner that will add value to the economy of the Virgin Islands,” GIS stated in its press release of October 4, 2019.

Background

It was on August 14, 2019 that BVI Cable TV BVI publicly accused BVI Electricity Corporation (BVIEC) of consistently trying to prevent it from rebuilding its cable network infrastructure in the Virgin Islands.

BVI Cable TV, through its CEO Mr Romney Averad Penn, alleged that since the storms of September 2017, BVIEC has consistently tried to prevent BVI Cable TV from attaching to their pole infrastructure “either by outright barring us or by charging exorbitant fees, several times the amount charged to another local telecommunications company.”

Mr Penn also lamented that an Injunction had been successfully sought against BVI Cable TV by BVIEC, which had “effectively halted” its network deployment.

BVIEC fired back in a detailed statement on August 15, 2019, alleging that BVI Cable TV was trying to mislead the public by making statements which were “less than truthful”.

According to BVIEC, following the September 2017 hurricanes, the entire pole infrastructure comprising of several thousands of poles within the territory was reinstated at the sole cost of BVIEC.

The electricity corporation also said it was determined that in some instances BVIEC's pole infrastructure became compromised due to the lack of adherence to industry standards by BVI Cable TV and others “due to how they attached their equipment to BVIEC’s poles.”

BVIEC said it then saw it fitting in this new post-hurricanes Irma and Maria era to better manage the pole infrastructure it had solely installed through formalised pole attachment agreements in accordance with industry best practices, which would ensure the promotion of safety to both the public and BVIEC’s personnel, and create aesthetically pleasing installations throughout the VI.

It denied discriminating against BVI Cable TV regarding pole sharing fees, saying BVIEC offered to BVI Cable TV the same commercial terms which were agreed by FLOW.

Further, BVIEC said after it became apparent that BVI Cable TV “was not negotiating in good faith”, and had accessed BVIEC’s poles without its permission and “further and more importantly some of their reckless attachments were creating safety risks to both the public and BVIEC’s personnel”, the Board of Directors of BVIEC issued instructions for legal action to be taken against BVI Cable TV.

The judgment handed down by the High Court on August 9, 2019, after assessing the submissions of both BVIEC and BVI Cable TV, ordered an injunction restraining BVI Cable TV from placing any more attachments on BVIEC’s poles.

See link to related story:

http://www.virginislandsnewsonline.com/en/news/bvi-cable-tv-trying-to-mislead-the-public-bviec