Tabone Computer Centre Ltd wins six-year case on appeal

Satellite communications equipment that was stuck in bond since 1998 and a company's battle with the Wireless Telegraphy Department and the Comptroller of Customs for its release was the subject of a Court of Appeal judgment on April 16.

Chief Justice Vincent De Gaetano, Judge Anton Depasquale and Judge Albert J. Magri found in favour of Tabone Computer Centre Ltd, confirming a Civil Court judgment of June 2, 2000.

Tabone Computer Centre imported a VSAT - satellite transmitter and receiver for data/IP and a dish aerial in July, 1998, after it received a 10-year licence to access international data networks. The Comptroller of Customs refused to release the equipment because the Wireless Telegraphy Department had not gone to inspect it.

Maltacom plc became an interested party in 1998. The judgment also confirmed that Tabone Computer Centre had a valid ISP (Internet Service Provider) licence and could import and keep the equipment, apart from operating as a communications services provider.

Commenting on the decision yesterday Tabone Computer Centre managing director Joe Tabone said: "As a company, we are pleased that after a considerably long time our rights to operate as an ISP and to connect to international data networks have been confirmed.

"The company is now evaluating its position since, after having its operating licence withdrawn years ago, the market has evolved into an extremely competitive one and it could be an extremely difficult business case to attempt to build a consumer base at a point when the market is saturated."

When the case started Tabone Computer Centre was a major ISP in Malta with thousands of subscribers. Its market share is now zero, with TCC's business now taken over by other companies.

On April 16, a new Telecommunications Law was published in the Government Gazette, changing the licencing regime yet again.