Court extends order against ComReg

THE High Court has continued an interim injunction granted earlier this week to Smart Mobile Ltd restraining the Communications Regulator from awarding the 3G licence to any other company.

The order, granted on Tuesday, was continued for two weeks yesterday on the application of Michael Cush SC, for Smart. He said the order could be continued on consent of both sides on the basis of Smart’s undertaking for damages also continuing and liberty to apply to both parties.

Smart initiated proceedings after it was notified this week by ComReg that the offer for the fourth 3G licence had been withdrawn. The licence provides for a minimum of 53% network coverage to be achieved by 2011. Vodafone, O2 and 3 Ireland hold the existing licences.

As a consequence of the order, the regulator is restrained from awarding the licence to any other party pending a further order of the High Court.

The court heard on Tuesday that ComReg wrote to the company saying it had failed to provide a performance bond in the form acceptable by the regulator. As a result it was not awarding it the 3G licence.