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Smitcoms accuses UTS of
unfair dealings in Curaçao


~ Rival denies assertion, advises change in business model ~

PHILIPSBURG--International phone service provider Smitcoms N.V. is accusing rival telecom company United Telecommunications Services (UTS) of not playing fair in the former company’s newest market – Curaçao.

Smitcoms, a TelEm Group affiliate, said UTS was being unfair in its dealings on Curaçao and hampering its growth in the new market. It decried the backhaul and inter-connect rates (fees to allow cross-connection usage between customers on different networks) UTS charges for use of the infrastructure as “uncompetitive.”

In a press release Friday, Smitcoms also blamed UTS for its not being able to properly establish its Natternet Voice-Over Internet Protocol (VoIP) services in Curaçao.

The company has taken up with telecom licensing and regulatory body Bureau for Telecommunications and Post (BT&P) and Telecommunications Minister Maurice Adriaens its arguments against “UTS … not allowing the Curaçao branch of the St. Maarten company to fully utilise its concession licence to operate.”

However, UTS Eastern Caribbean General Manager Glen Carty painted a completely different picture Friday when asked to comment on Smitcoms’ allegations. Carty told The Daily Herald that UTS’s dealings had been by the books and fair all across the board. “Every customer in Curaçao we treat equally,” based on “information reaching me,” Carty told this newspaper.

He said that the apparent discrepancy in rates between the two companies came from Smitcoms not buying its network capacity cheaply enough to earn equal dividends. “Perhaps what they should do is look at their business model and make the necessary changes,” Carty said, breaking down the complaints as a simple matter of buying retail rather than wholesale.

About the claims that Smitcoms’ access to UTS infrastructure was being hampered intentionally, Carty said, “Everybody is allowed to access it through the procedures we have.” He admitted that he did not have full jurisdictional authority over Curaçao, but insisted there was no bad business going on.

“We cannot change our business model for one person. That would be opening a can of worms,” Carty said, again suggesting Smitcoms revisit its business model in Curaçao.

Smitcoms called for Minister Adriaens’ and BT&P’s immediate intervention to “to keep the matter out of the courts.” According to the company’s statement, Smitcoms Managing Director Eldert Louisa made the first call for intervention on January 28.

“We have dialogued for so long and still want to dialogue with UTS in any way possible to resolve this matter, but we will take our case to court to protect our rights in the Curaçao market if we have to,” said Louisa after the Curaçao meeting.

“We will be submitting our dispute to the Bureau and the Minister as a way of following the correct procedure, which is to give the authorities the opportunity to look into our concerns and to give rulings on the matter, after which we will see what our next step will be,” continued Louisa.

Smitcoms insisted in the statement that UTS was hindering the setting up of the services. “We are also concerned that UTS is not acting fairly by blocking ports that would allow us to bring our Natternet product to market in Curaçao,” Louisa said.

“All we have ever asked for is a level playing field where the customers and clients themselves can choose their international carrier and that carrier’s products, based on competitive pricing and good customer service,” stated Smitcoms Commercial Manager Patrick Dowling.

Smitcoms is awaiting an official response from BT&P on the matter, while Carty welcomes an investigation by the bureau, as UTS is doing nothing wrong or illegal, he says.




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