The deadline comes shortly before one set by U.S. District Judge James
Lawrence King for final arguments in a Miami court battle by relatives of
victims of the Brothers to the Rescue shootdown to garnishee the telephone
payments.
``The Cubans are making a business decision. You don't pay us, we don't
serve you,'' said Enrique Lopez of the Miami-based AKL Group
International, a consultancy on the international communications
business.
A statement issued by the Cuban Foreign Ministry on Friday said that
unless Havana receives payment by Thursday, it will shut off the lines now
operated by the long-distance carriers AT&T, MCI, LDDS, IDB and WILTEL.
Other firms paying
Cuba has been warning for weeks that it would cut off all telephone
links to the United States unless it was paid quickly.
``The Cuban government considers this a totally reasonable position,
especially when the lack of payment is to satisfy the opportunistic
appetites of a group of immoral exiles who are taking advantage of the
manipulable nature of the judicial system in that country,'' the Foreign
Ministry statement said.
AT&T and MCI now handle the lion's share of the estimated 120 million
to 135 million minutes of U.S.-Cuba telephone communications each year,
most of it originated in the United States, according to industry
experts.
Sprint is a distant third but provides Cuba's high-speed Internet
connections to the outside world, the experts added. TLDI does minor
business with Cuba, all through Puerto Rico and the Dominican Republic.
Lopez said that if Cuba carried out its threat, the Sprint and TLDI
circuits would immediately become overloaded, resulting in constant busy
signals to most U.S. residents trying to call Cuba.
U.S., Cuba on same
side
But Havana's announcement showed impatience with the legal battle under
way since shortly after Cuban MiGs shot down two unarmed Brothers planes
over international waters Feb. 24, 1996, killing all four people
aboard.
Relatives of three of the victims sued -- the fourth was not a U.S.
citizen -- and in 1997 Judge King awarded them $187.6 million in damages
against the Cuban government and air force.
At a hearing Tuesday before King, lawyers for the U.S. government,
ETECSA and three of the U.S. telephone companies argued that such a
seizure would violate diplomatic conventions and damage the claims of U.S.
citizens whose Cuban properties were seized by President Fidel Castro's
government in the 1960s.
They also argued that seizing the money would be illegal because the
U.S. embargo requires the Department of the Treasury to license any
financial dealings with Cuba, including the garnishment of assets.
The lawyers also argued that King's judgment against the Cuban
government and air force could not be legally enforced against ETECSA, a
joint venture between foreign and foreign and Cuban telephone
companies.
King gave all parties 10 days to submit last-minute arguments before
he makes a ruling. Cuba's Thursday deadline falls one day before King's
deadline.
King has not said when he will issue his ruling.
Pay up or hang up, Cuba tells five U.S. phone firms
Copyright © 1999 The Miami Herald