Lighthouse Networks brought the action against decision that its network does not meet standards of National Broadband Plan
Its grounds included that the Minister allegedly did not comply with the agreed assessment procedures and was in breach of Lighthouse’s right to fair procedures.
The Minister disputed the factual and legal basis of its case and argued the challenge was an unlawful collateral challenge to a subsequent, related decision.She said the company submitted an application to the Minister in August 2018 under assessment criteria to have its technology recognised for the purposes of the national plan.
The application related to the Kilchreest site to ensure, as a threshold matter, that the Minister would accept its technology as compliant. The Minister concluded that, while Lighthouse’s network was next-generation compliant, its network design did not meet the technical criteria set out in the assessment criteria.
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