The new Telecommunications bill proposes the establishment of a Telecom-munications Agency which will receive and review applications for licences, but GT&T, Digicel, E-Networks Inc, Quark Communications Inc. and i-Net Communications Inc will be granted individual licences and frequency authorisation without any application.
According to the bill, the minister will ultimately “grant or deny applications for, and amend, renew, suspend and terminate, licences, exemptions and frequency authorisations.
This bill, along with the Public Utilities Commission (Amendment) bill, was tabled in the House on Thursday by Prime Minister Sam Hinds. Both bills are expected to be debated in the House on Thursday.
Telecommunications is defined in the bill as the “transmission, emission or reception of signals, writing, signs, text, pulses, images, sounds, or other intelligence of any kind, or any combination therefore , by way of any wired or wireless medium or technology, but does not include broadcasting.”
A “telecommunications network,” according to the bill means “a system or any part or combination thereof used for the provision of a telecommunication service.” A “telephone service” means a service providing telecommunications and includes a public telecommunications service, a private telecommunications service, a radiocommunication service, and a value-added service.
The Telecommunications Agency shall, among other things, advise the Minister and implement his directions on plans, positions and policies relating to the telecommunications and spectrum issues at national, bilateral, regional and international level. It is also to receive and review applications for licences, exemptions and frequency authorisations and provide its recommendations thereon to the Minister.
The Agency shall consist of a Director of Telecommunications, who shall also be the Chief Executive Officer; a Deputy Director of Telecommunications, who shall also be the Deputy Chief Executive Officer; and such Heads of Divisions as may be designated by the Minister. These members, according to the bill, shall be persons appearing to the Minister to be persons of high character and integrity and qualified as having had extensive and relevant training and experience in fields relating to telecommunications law, economics, finance, engineering, or other technical matters or business. The members shall be fulltime officers and employees of the Agency and shall be appointed by the minister. The members should not serve for a period exceeding more than three years but are eligible for reappointment by the Minister at the expiry of the term of office.
However, if the bill is passed and enacted, some entities will immediately be granted licences. “With effect from the appointed day, the licences issued under the Telecommunications Act 1990 to Guyana Telephone & Telegraph Company Limited and to Cel*Star Guyana Inc. and transferred to U-Mobile (Cellular) Inc. and all authorisations for use of the spectrum or the installation or operations of radio communication equipment issued by the Unit to any of them, shall stand terminated, and the minister shall issue individual licences and frequency authorisations under this Act to Guyana Telephone & Telegraph Company Limited and U-Mobile (Cellular) Inc. and individual licences and frequency authorisation to the Guyana companies Nexlink Communications Inc., E-Networks Inc., Quark Communications Inc., and i-Net Communications Inc, or the successor in internet of any of them, without the need for any application there for from any of these entities,” Section 93 63 6(a)of the bill said.
Under the bill and the consequential amendments to the Public Utilities Commission (PUC) Act, the PUC will continue to function as the economic regulator of the sector. The Commission will be responsible for ensuring a competitive environment, integrated networks and services, consumer rights, and fair, reasonable and non-discriminatory prices.
Meanwhile, according to section 26 (1) of the bill, every licensee shall: “pay the fees to the Agency and the Commission specified by this Act, the Public Utilities Commission Act, its licence and the regulations.” The licensee shall not assign the licence, or otherwise transfer it in any manner whatsoever, without the prior written consent of the minister. The bill also states that a person owning or holding a significant interest in a licensee shall not sell, transfer, charge or otherwise despise of such interest, or any part thereof, without the prior written consent of the minister. Every licence, according to Section 27 of the bill, shall contain conditions regarding (a) the term and expiration of the licence and the time required for an application for renewal and “Such other matters as the minister may, by regulation or on the advice of the Agency, specify for such licence.”
It shall be an offence if a person provides a telecommunications service or operates a telecommunication network for which a licence or exemption is required, without having first obtained the required licence or exemption or uses spectrum or installs or operations radiocommunication equipment for which a frequency authorisation is required, without having first obtained the required frequency authorisation. A person also commits an offence when an individual provides a telecommunication service, operates a telecommunications network, uses spectrum or installs or operates radiocommunication equipment other than as permitted by the Act, the regulations, the Telecommunications Code, or such person’s licence, exemption or frequency authorisation. An offence, the bill proposes, would also be committed if an individual fails to cooperate with, or follow any direction of the President or the minister on matters of national security, public order, or a state of public emergency, in accordance with various sections of the bill.
Another offence would be committed if the person fails to cease and desist the operation of any telecommunications network, service or use of portion spectrum. It would also be an offence if any person who is not duly authorised under any applicable law to use the spectrum or install or operate radiocommunications equipment for any purpose or aids and abets any persons in any of these acts. Penalties that a court may order for the violations of the Act range from fines from $250,000 to $500,000 and to imprisonment for two years. In the case of a continuing offence, there shall be a further fine of $200,000 for each day that the offence continues after conviction.
