Parties appeal Regulator’s decision

An order from the Office of the Regulator for Bluesky and the Samoa Rugby Union to apologise to Digicel has been appealed by the parties. 

This was confirmed by the Regulator, Unutoa Auelua–Fonoti, in an email to the Weekend Observer. 

“The parties have not abided by the order,” said Unutoa about the order for them to aplogise to Digicel. 

“…(they) have instead chosen to appeal it to the Telecommunications Tribunal as per the Telecommunication Act 2005. 

“My office will now prepare for the appeal filed with the Tribunal.”

Asked for a comment, Digicel Chief Executive Officer, Rory Condon, said he was overseas on business and was unable to comment further.

The Regulator’s order comes following an investigation by the Office of the Regulator into a complaint lodged by Digicel regarding an incident at Apia Park during the historical Manu Samoa and All Blacks test match in July. 

The investigation resulted in the issuing of the Determination and Order of the Regulator no. 2015/T07 which in essence sets out the following remedies:

a) Bluesky and S.R.U. shall publish an apology in Samoan and English print in the Savali and one other newspaper, no later than seven (7) days from the effective date of the Regulator’s Order. 

b) Bluesky and S.R.U. shall provide a formal and written undertaking to the Regulator to the effect that both parties will not engage in anti-competitive practice and/or conduct to avoid recurrence in the future of infringements such as that which took place at Apia Park on 8 July 2015. 

This undertaking must be provided to the Regulator no later than fourteen (14) days from the effective date of the Regulator’s Order. 


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