TORONTO - Globalive, whose Wind Mobile service is threatened by a court ruling related to its foreign funding, has joined the federal government in appealing the decision.
The startup mobile operator is also seeking an extension to the federal court's 45-day stay on its ruling to ensure its more than 250,000 customers are not disconnected during the legal wrangle.
The February 4 ruling was due to come into effect on March 21, but the government's own appeal would likely delay implementation.
The court had challenged a government decision from December 2009 which allowed Wind to operate over the objections of the telecom regulator.
The Canadian Radio-television and Telecommunications Commission (CRTC) had said Globalive was not sufficiently Canadian-owned due to its financial backing from Egypt's Orascom Telecom.
Globalive's chairman, Anthony Lacavera, said the court did not dispute whether Globalive is "Canadian enough" but focused on two legal errors in the government decision.
"But this courtroom fight is for the lawyers," Lacavera said in a statement. "Our fight is about providing more competition to Canadians for better value, better choice and better service."
Globalive is the most successful of three new operators offering low-cost, no-contract and unlimited calling plans since a 2008 government auction of airwaves for wireless service. The sale set aside spectrum for newcomers to encourage more competition.
The Canadian wireless industry has long been dominated by three carriers -- Rogers Communications, BCE Inc Bell and Telus -- and features some of the highest fees in the world.
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