UNDERSTANDING TELECOMMUNICATIONS LIBERALIZATION

Jan 15, 2017 AFC Column, Features / Columnists

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Guyana’s long-awaited Telecommunications (Amendment) Bill was passed into law in July 2016 and soon after, a comprehensive set of regulations were drafted. They are still open for public comment. The Regulations can be found on the Facebook account of the Ministry of Public Telecommunications, and anyone can post their opinions, suggest inclusions, request deletions, make general comments and send them to the Ministry via email: [email protected].
The legislation was designed to liberalize the fixed line telephone market and it paves the way to end the exclusivity of fixed line, international voice and data services by one company, and ultimately to attract small to large scale investments to the ICT and telecommunications sector in Guyana. This of course, will increase the availability and affordability of internet access. In addition, the bill included reforms to the existing regulatory structure, such as the creation of a new ‘watchdog’ called the Telecommunications Agency.
This Agency (just like a business merger) is going to incorporate the functions of the National Frequency Management Unit (NFMU) and the National Data Management Authority (NDMA), and it will perform oversight of the telecommunications and ICT sector alongside the existing regulator, the Public Utilities Commission (PUC).
The Telecommunications Bill was first introduced in 2011 and then revised in 2013. It had been sent to a Special Select Committee in the 10th Parliament and was still under consideration in 2014 when the Parliament was prorogued.
When the coalition acceded to government in 2015, the bill was placed on the front burner and a revision was written. A series of consultations were then undertaken with Guyana Telephone and Telegraph Co. Ltd (GTT), Digicel, the Private Sector Commission (PSC), the Public Utilities Commission (PUC), the University of Guyana (UG), several NGOs and other stakeholders before it was refined and returned to the National Assembly. President Granger lost no time in signing the Telecommunications Amendment Bill into law in 2016.
From reports, both Digicel and GTT were cautiously optimistic about the imminent reforms. A spokesperson for Digicel described the bill as a laudable achievement and a first step towards the cessation of GTT’s exclusivities. For its part, GTT has been reiterating that it supports the opening up of the telecoms market, but insists on negotiations to resolve several matters vital to them.
Those discussions began cordially in December 2016 between GTT and its parent company, ATN International (ATNI). Leading the Government’s team was the Minister of Public Telecommunications, Hon. Catherine Hughes, accompanied by Vice President & Minister of Foreign Affairs, Hon. Carl B. Greenidge and Ministerial Advisors on ICT and Telecommunications. GTT and ATNI’s team was led by GTT’s CEO Justin Nedd and ATNI’s Vice President, Douglas Minster.
The Telecommunications (Amendment) Bill 2016 came with an Explanatory Memorandum. Here is an abridged version:
“The Telecommunications Bill 2016 provides for an open, liberalized and competitive telecommunications sector that will be attractive to investors, while preserving the activities of the current sector participants. By creating a competitive environment for telecommunications, the Bill is expected to (provide) greater choice, better quality of service and lower prices for consumers. The Bill also specifically addresses the (extension) of existing telecommunications networks and services into un-served and under-served areas through a new universal access/universal services programme.
The accompanying regulations (which are already drafted) create a clear, harmonized framework and a level playing eld for the sector that is currently lacking. It puts Guyana’s regulatory framework on par with those found in other countries in the Caribbean and the first world.
The new legal framework is characterized by transparency and non-discrimination in the issuance and monitoring of licences and authorisations to use the spectrum. It provides for seamless interconnection and access between and among telecommunications networks and services. It addresses price regulations to ensure competition and protect consumers.

DEFINITION OF “NET NEUTRALITY”
“Net Neutrality means the operation of public telecommunications networks and the provision of public telecommunications services in a manner that enables access to all content and applications regardless of the source, on a non-discriminatory and open basis, and without favouring or blocking any particular product, application, destination or website.”
Net Neutrality is referenced in Clause 73 of the Bill titled “Penalty for modification of telecommunications or violation of principle of net neutrality” which states that “An operator or service provider, or any personnel thereof, who, otherwise than in the authorized course of the performance of the operator’s or service provider’s obligations under this Act, willfully modifies or interferes with the content of a message sent by any user of such operator’s telecommunications network, or such service providers’ telecommunications service … (or anyone who) violates the principle of net neutrality, shall be guilty of an offence and shall be liable on summary conviction to a fine of not less than $500,000 or no more than $2M, and to imprisonment for a term of no more than six (6) months”.
However, Clause 84 titled “Services provided from outside Guyana” states, “Notwithstanding any other provision of this Act, the Minister may take any action he/she deems appropriate with regard to telecommunications networks, telecommunications services, use of the spectrum or radio communication equipment operated or provided by persons not located in Guyana, to the extent that such networks, services or use of the spectrum or radio communication equipment …
(a) Compete unfairly or otherwise jeopardize the operation of telecommunications networks, the provision of telecommunications services or the use of the spectrum or radio communication equipment in Guyana or between Guyana and any other location; or
(b) Are being operated or provided in a manner that is contrary to the public interest, national security or public order.
Clause 71 titled “Penalty for false or dangerous telecommunications” explains that:
(l) A person who, by means of a telecommunications network or service, willfully circulates or otherwise transmits any telecommunication that is false, deceptive or misleading, or that materially endangers the physical safety of any other person, shall be guilty of an offence and shall be liable on summary conviction to a ne of not less than $250,000 or no more than $2M and to imprisonment for a term of no more than six (6) months.
Read the Telecommunications Regulations @MoPT on Facebook and send your comments to the Ministry.

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