Sure slams GCRA as court overturns £3m. in fines

The regulator imposed fines totalling more than £3m. on the companies for alleged anti-competitive behaviour.

But the Royal Court has upheld their appeal, finding that the regulator had made errors in its approach, leading to what Sure said was a ‘deeply flawed’ process.

‘While we feel entirely vindicated by this outcome, we cannot help but conclude that this whole case has been a staggering waste of time, effort and money,’ said Sure Group CEO Alistair Beak.

‘Since the first case was brought against Sure in 2019, the GCRA ignored the simple fact that Sure had been strongly encouraged by the States to explore the possibility of launching a single 5G network.’ He called for the GCRA’s chief executive, chairman and board to be held to account by the States, over ‘what is, in our view, an appalling waste of taxpayers’ money, given the flawed approach taken by the regulator’.

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The accusations made were unfair and damaging, he said, and claimed that every time Sure disproved allegations against it, the GCRA set out on a new attempt to vary the case, which he said included making ‘damaging accusations’ in public against members of the Sure team.

By contrast, he said the GCRA had shown ‘poor conduct’, sometimes behaving capriciously in its deadlines and demands. The court found that the regulator’s actions had denied Sure a fair hearing by failing to follow its own procedures.

‘It certainly gave the impression that it had made its mind up that we were guilty from the outset,’ he said.

Sure was heartened by the detailed judgment issued by the Bailiff: ‘[It] is critical of the GCRA’s approach, finds that it should have been aware of the process that had to be undertaken to bring a new case, and that its conduct on the appeal was impermissible.’

Mr Beak said that taxpayers deserved better from the regulator, with a focus on innovation and development of the infrastructure and digital services.

‘Now that the spectre of this baseless legal case has been removed, Sure will focus fully on delivering next-generation 5G technology to Guernsey and building the networks that will futureproof the island, and benefit islanders with faster speeds, improved coverage and greater security.’

JT said that it was never in any doubt that the GCRA’s allegations against it were wrong and it was pleased with the outcome.

‘We look forward to moving ahead,’ said a spokesman. ‘We have always been committed to maintaining regular engagement and communication with our stakeholders and remain fully invested in supporting the digital future of the islands.’

The spokesman added that transparency was crucial to build trust and ensure that everyone was informed about positive technology that would benefit islanders for years to come.

GCRA CEO Michael Byrne said it was looking at the judgment.

‘It is very detailed and the GCRA is reviewing it at the present time and is considering next steps,’ he said. ‘It would be inappropriate to comment further at this stage.’