Stabroek News
May 29, 2001

Television broadcasters will be required to hold licences in accordance with the Post and Telegraph Act, as of 31 July 2001.

Prime Minister Sam Hinds, with portfolio for communications, announced the "very limited interim arrangement" to station owners and representatives at a meeting at the GNS Sports Complex, Georgetown, yesterday.

Hinds said that the move would not supercede the arrangements proceeding under the dialogue between President Bharrat Jagdeo and Leader of the Opposition, Desmond Hoyte. This dialogue has made provision for the establishment of a committee for the enacting of broadcasting laws.

"Until such time as government passes new Broadcast Legislation, broadcast licenses are issued under the Post and Telegraph Act, Chapter 47:01, Section 63, and are regulated under Section 63(5) of the Act," Hinds stated.

"We shall be issuing a public notice requiring all persons operating a wireless telegraph station or installing or working any apparatus of wireless telegraphy in any place in Guyana to apply for a licence," he continued.

According to Hinds, anyone owning or operating wireless telegraphy stations have until 30 June to apply for a licence which will come into effect on 31 July for the rest of the calendar year.

"We are therefore giving all those persons ... one month to apply for licences," Hinds asserted.

Copyright regulations will also be tightened, according to Hinds, who referred to Regulation 32 which stipulates that "the granting of a licence does not authorise the licencee to do any act which is an infringement of any Copyright which may exist in any matter transmitted or received."

Several media figures questioned the timing of the move when the Prime Minister announced the government's decision last week, suggesting that it was a gesture too late, or inappropriate considering the imminent efforts to establish effective broadcasting legislation.

Yesterday was no different. "Why are we going down this road now?" asked Lorrie Alexander, representing Channel 16 [HGP/TV].

"Since a committee is being established to look at the entire spectrum, why is there a need for an interim arrangement?" he asked. "A lot of people question the necessity and good sense of it."

Hinds replied that the government believed there was good sense in proceeding. "We find the majority of people in Guyana support this interim move," he said.

Last week, the Prime Minister justified the move by referring to the Independent Media Monitoring and Refereeing Panel's elections report which stated that "the complete lack of regulation of television has led to a situation where the linking of broadcast licences to the need for community responsibility is completely absent in Guyana."

The report further declared a need to "enact new broadcasting legislation that would ensure that those who use our airwaves are held to certain standards of community service and professional behaviour."

Subsequently, stipulations for the granting of a licence include the payment of a fee and the agreement of the owner/operator to adhere to regulations for broadcast content.

"Wireless telegraphy regulation 21 [of the Act]," explained Hinds, "requires that a licence shall not be issued until the fees have been paid."

A fee structure, taking into consideration the location, number, height and power of transmitters each operator/owner utilises was circulated and after a brief heated exchange from the floor, broadcasters were generally in acceptance of the fees.

"You will see that the fees are extremely moderate and are, in fact, well within the recommendations submitted on behalf of the

majority of broadcasters by Spectrum Management Services on 11 April, 1999, for consideration at that time by the National Frequency Management Unit," Hinds stated.

Television pioneer in Guyana, Tony Vieira of VCT, was satisfied with the fee structure.

"I would like to thank the PM," he said. "These fees are what we asked for."

The contentious issue of content regulations will adhere to Section 63(5) of the Act which provides for the minister to prescribe "the terms and conditions under which a licence may be granted."

Hinds stated that although the regulations only prescribe for technical standards at present, they will be amended "to include broadcast programme material standards to be observed.

"These will generally conform to the Code of Conduct presented to and agreed upon by media practitioners at the GECOM Media Roundtable held on 8-10 October, 2000."

This Code of Conduct was not signed by all media practitioners at that time and, as has been widely publicised, several sections were ignored before, during and after the election period.

Adam Harris, chairman of the Guyana Press Association, remarked that the Code of Conduct would need to be amended. "Not every clause in the Code of Conduct is applicable to broadcasting," he said.

Furthermore, Channel 9 representative, Dr Grantley Waldron, aired concerns that the issuing of a licence would be judged on a retroactive basis.

Media Consultant to the Office of the Prime Minister, Kit Nascimento, assured the congregation that such a practice would be "perfectly illegal." Hinds confirmed that "past sins" would not be punished.

Hinds indicated that the amended regulations would be made available in two weeks and emphasis would be placed on maintaining as wide and free a spectrum for content as possible.

"We must be relatively free as we go forward," he remarked.