The Regulator had designated Digicel dominant under clause 10.3 of its Licence. Under clause 10.3 of the Licence, it provides that Digicel may request the Regulator to determine its dominance position even if Digicel has been designated dominant under clause 10.1 and 10.2 of the Licence.
In June 2009, the Regulator designated Digicel dominance (pursuant to clause 10.1&10.2 Licence) in the market for retail mobile services and wholesale market for termination of calls on Digicel’s network. Later in 2011, Digicel requested the Regulator to review the dominance under clause 10.3. After reviewing Digicel’s position in that markets, Regulator is satisfied that Digicel still dominant under clause 10.3 of the Licence.