A group of prominent businessmen failed to get a licence to import a satellite dish and are now using it after they failed to keep an agreement with the government to re-export it.
This was brought to light by Prime Minister Sam Hinds in a written response to one of seven questions raised on the communications sector by GAP/WPA MP, Sheila Holder.
In the answers circulated in the National Assembly on Monday, Hinds said an import licence issued by the Ministry of Tourism, Industry and Commerce is required for the importation of a satellite dish.
He said there have been some instances of abuse of the procedures by applicants. "In one case a group of prominent businessmen failed to meet the criteria for grant of an import licence but pleaded for the government's permission to clear the dish from the wharf so as to prevent damage to the equipment. They gave the commitment that they will not put the dish into use. The government agreed to the request on the condition that the dish was not to be put to use and that it was to be re-exported or until the intended use of the dish was permitted. Unfortunately, they have completely violated the agreement and have since been operating the dish without the requisite licence."
Responding to other questions, Hinds said in the case of radio stations the draft Broadcasting Bill sets out criteria for licensing and the procedures in obtaining broadcasting stations (including radio stations) licences. Once the law is in place applications for radio station licences will be considered by the broadcast authority in accordance with the provisions of the law.
As for the allocation of frequency bands for television, he said the policy is now part of an overall review and revision of laws that relate to the broadcast sector. It is proposed that the National Frequency Management Unit (NFMU) undertake the allocation of frequency bands for television.
As for the allocation of frequency bands for data and voice communication the operating licence granted to the Guyana Telephone and Telegraph Company Ltd (GT&T) in December 1990 is of relevance, said Hinds. This licence gave to GT&T the exclusive right to provide national and international voice and data transmissions.
"Over the years since the grant of that licence there has been much debate on the interpretation of that clause, in particular and the legality of the GT&T monopoly, in general. In fact, as we speak, there are two legal challenges on these very issues pending before our courts", the PM added. Hinds said that government's efforts to end the GT&T monopoly and establish laws for a competitive telecommunications sector have endured significant delays lasting approximately 18 months. He disclosed that the past two months have seen "positive movements" in liberalisation efforts.
He noted that the government has adopted certain policy decisions that have resulted in the licensing of many spectrum users for private voice services using two-way radios (e.g. taxi, trucking, mining, security services) as well as users for national data services (e.g. corporate offices sharing files amongst branches etc.).
Permission has also been granted for call and data centre activity, whereby direct linkages of such centres to communications satellites are permitted provided that such linkages are dedicated to the work at the site and there are no other linkages into the system of any other telecommunications provider.
Hinds said government's policy on spectrum assignment has been to assign on a " come serve" basis and to follow regulations as set out by the International Telecommunications Union (ITU), namely bands allocated for the Fixed and Land Mobile services.
The policy is also guided by international, regional and industry developments and trends. An example is the assignment of a spectrum for data communication in the 2.4 GHz bands, commonly referred to as the Industrial, Scientific and Medical Bands (ISM).
In relation to another question, Hinds said Guyana is a signatory to the International Telecommunication Union (ITU) but he was not aware of a protocol that the same ISM bands should be free, unlicensed to potential users and utilised for developmental purposes.
He said Guyana has not adopted the position of the USA and Canada that the ISM band should be free, but rather the fee structure has been lowered to accommodate commercial use of spread spectrum equipment to provide internet connectivity, wirelessly.
Guyana as well as other Caribbean countries charge fees for the use of ISM bands, he said.
On the issue of cellular licences, Hinds said that Guyana has issued four so far and the authorities "have decided to put a hold on considering applications for further cellular licences until we have implemented the new telecommunications legislation".