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Telecommunications (Competition Provisions) Appeal Board

Appeal No. 29

SmarTone Mobile Communications Limited v The Telecommunications Authority

Date of appeal : 12 November 2010
Appellant : SmarTone Mobile Communications Limited ("SmarTone")
Nature of appeal : Against the Decision of the Telecommunications Authority ("TA") issued in November 2010, which dismissed the complaint of SmarTone pursuant to sections 7K, 7L and 7N of the Telecommunications Ordinance (Cap. 106), in respect of PCCW-HKT Telephone Limited's ("PCCW") increase of fixed-mobile interconnection charge tariff from 4.36 cents per minute to 5.45 cents per minute, effective during the period from 1 June 2008 to 28 April 2009.

Hearings : After having considered written submissions from parties concerned and their oral submissions made at the case management conference held on 21 February 2011, the Chairman granted leave to PCCW to intervene in the Appeal and to raise the issue of dominance, among other preliminary issues. The Decision of the Chairman dated 7 April 2011 is attached.

The Chairman, in his Decision dated 30 May 2011 (copy attached), refused the TA’s application to state a case to the Court of Appeal relating to the scope of PCCW’s intervention, among other requests from parties concerned.

Pursuant to Order 61 rule 2 of the Hong Kong Civil Procedure Rules, the TA applied to the Court of Appeal in June 2011 for an order requiring the Appeal Board to state the above case. On 29 February 2012, the Court of Appeal heard and dismissed the application (no. CACV 109/2011). The Judgment handed down on 8 March 2012 is attached.

Outcome of Appeal : Appeal was withdrawn on 27 April 2012 and the TA’s Decision of 1 November 2010 (T62/08) stands.