THERE should no rehearing of the application for the country's third mobile phone operating licence, lawyers for the Director of Telecommunications Regulation and for Meteor Communications Ltd, which secured the licence, have argued before the High Court.
Ms Justice Macken was told the court should not undertake a re-evaluation of telecommunications director Ms Etain Doyle's decision rejecting Orange's licence bid.
Orange has claimed that when it asked why it failed, it was told Meteor had beaten it. Orange then appealed to the High Court under procedures laid down in the 1983 Post and Telecommunications Services Act.
In December 1997 the director decided on a competition for the third mobile licence and invited tenders. She evaluated the two tenders received and ranked Meteor first. Ms Justice Macken has been asked, as a preliminary issue, to decide the extent of Orange's appeal which, it is understood, is the first under the 1983 legislation.
Yesterday, Mr Gerard Hogan SC, for the director, claimed the relevant EU Directives envisaged that the ultimate decision regarding a licence would be taken by an independent agency.
Mr Paul Gallagher SC, for Meteor, said a recent case challenging a Competition Authority decision decided an appeal did not involve a rehearing.
The action continues today.