Dear Editor,
I have read your report of the President’s announcement that a letter was issued from his office extending ‘GT&T’s telephone monopoly until the new telecommunications legislation is passed (GT&T’s monopoly extended until law passed – Jagdeo, January 11). The extension amounts to a modification or amendment of the licence by altering its duration. I wish to state that neither the President nor any minister responsible for telecommunications is empowered under the Telecommunications Act to modify or amend a telecommunications licence. The minister is empowered under section 7 of the act to grant telecommunications licences and, in keeping with Schedule 2 of GT&T’s licence, to revoke that licence in certain clearly defined circumstances. As of now, none of these circumstances appears to apply to GT&T. But once the licence has been granted, only the Director of Telecommunications, under section 12 of the act, is empowered to modify it. As far as I know, the post of director has never been filled. It stands to reason that the President’s letter can have no effect. Even if we assume that the letter is valid, if, as reported, the extension is limited to GT&T’s monopoly, all its other services would be left unlicensed. These would include its mobile cellular operations, to name only one. Moreover, if, as it appears, the letter was issued after December 19, 2010, on the date of its issue, the licence would have already expired. Can an expired licence be extended? This I doubt very much.
Apart from the question of legal authority for modifying the licence, the act specifies procedures to be followed in making amendments. Under section 12(2), the director shall give notice stating that he or she proposes to make the modifications, giving the reasons for so doing and setting out their effects. The director is also required to specify the time (not being less than twenty-eight days) for representations or objections to be made. Other requirements and stipulations follow. I have seen no evidence that these procedures have been complied with. Failure to comply with the stipulated procedures will vitiate the modification and extension of the licence.
However one looks at the matter, it seems very clear that GT&T is an illegal operator and has been so since December 19, 2010. It is my considered opinion that this is not a problem for GT&T. It is a problem for the government which, for many years, has been allowing itself to be outmanoeuvred into a potentially disastrous situation.
Yours faithfully,
Joseph A Tyndall
Former PUC Chairman
