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Smart 3G licence appeal closes
Conor Brophy



JUDGE Peter Kelly will this week hear closing arguments in the Commercial Court case taken by Smart against the Communications Regulator over the withdrawal of its 3G mobile licence.

The court heard from the last witness on Friday. Senior counsel for Smart, Michael Cush, will start his closing submission tomorrow. The case is set to conclude on Tuesday.

Smart is trying to force Comreg to reissue a mobile licence granted to the telecoms operator late last year, only to be withdrawn in January when Smart failed to meet a 30-day deadline to provide a financial performance bond.

In evidence last week, Comreg's John Doherty revealed that Comreg representatives met Smart's management team three days after the deadline had passed to establish whether the bond could be provided in a "reasonable period of time".

Smart argues that it should have been allowed more time because of the complexity of the bonds required and the fact that Comreg introduced several conditions close to the deadline.




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