Broadcast licence applications to be reviewed

President Bharrat Jagdeo will soon constitute a committee to review applications received for radio licences.

Head of the Presidential Secretariat, Dr Roger Luncheon, told reporters on Wednesday that the president has moved to have the committee set up, in keeping with the ruling of the Court of Appeal in 2009. Former proprietor of VCT Channel 28, Anthony Vieira, had moved to the court, contending that government held an unlawful monopoly on radio broadcast. President Jagdeo recently said the issuance of permits will be deferred until after elections, to prevent critics from labelling that exercise a political gimmick.

The Broadcast Law makes provision for setting up the Guyana National Broadcasting Authority (GNBA) which will oversee all aspects of broadcasting – wireless, wire, cable, satellite, or other means. Within imposed limits, the authority will control all aspects of radio and television broadcasting.

Additionally, the legislation provides for licences to be acquired by Caricom nationals whose countries have reciprocal provisions in their Broadcast legislation. This is a provision which Presidential Advisor on Governance, Gail Teixeira, said is in keeping with other treaties in Caricom where the language is used to deal with reciprocity.

With regards to licensing, applications have to be submitted to the authority, which in turn will submit same to the National Frequency Management Unit (NMFU). The authority may grant or deny licence to an applicant after considering the particulars furnished and the views of the NFMU.

VCT had applied for a radio licence since 1993, but was never granted that licence. The Court of Appeal held that both the government and the NFMU failed to acknowledge receipt of Vieira’s application. VCT had asked the court to order the National Frequency Management Unit (NFMU) to forthwith issue it with a radio licence, but the Appeals Court said there are technicalities involved in making such a decision. It noted that it lacks the expertise to make such an evaluation, and said the NFMU is the entity which is well placed to make such an evaluation; and it called on the unit to “do its job”. The court did direct the NFMU to consider and determine VCT’s application for a radio broadcast licence, which was made since the early 1990s.

In the landmark case, The Court of Appeal said government had an unlawful monopoly on the airwaves and that the NFMU failed to do its job with respect to considering radio licence applications.

Led by acting Chancellor Carl Singh and comprising Justices of Appeal B. S. Roy and Yonette Cummings-Edwards, the Appeals Court allowed an appeal filed by local television pioneer Anthony Vieira on behalf of Vieira Communications Limited (VCT), ruling that VCT’s fundamental right to freedom of expression and freedom to receive and communicate ideas and information was contravened.