Govt radio monopoly unlawful

Oct 15, 2009 News

---

All applications for radio licences must be reviewed  – Chancellor

Chancellor of the Judiciary, Justice Carl Singh, yesterday made a historic ruling. He ordered that the National Frequency Management Unit (NFMU) must first of all carry out its mandate and do its job. It must review all applications for radio licenses.
He said that it has been eight years now since the Prime Minister’s letter was sent to VCT and there were no legal and constitutionally justifiable grounds for the non-granting of a radio license.
He said that awaiting a committee decision is not founded in law cannot justify NFMU’s refusal to grant VCT a radio license.
The Chancellor said that the NFMU completely abdicated its responsibility since it never considered VCT application for a radio licence nor did it tell VCT why it was not in a position to so do.
The ruling stems from action taken against Anthony Vieira and Vieira Communications and Television (VCT) in November 2001 as it relates to a radio station he had been operating on the FM frequency.
Justice Jainarayan Singh had ruled in the action taken by the Police when they moved on the action by NFMU top seize the broadcast equipment operated by VCT. Justice Singh’s action was subsequently appealed.
In 1993, VCT applied for a radio license to NFMU. The NFMU did not furnished VCT with a letter of acknowledgement. Despite repeated inquiries by the VCT, no reason was given for the delays in not granting of the radio license.
In 2001 a radio operating on 100.5 megahertz was found operating and using a signal emanating from the mast owned by VCT at Versailles.
According to Justice Singh’s 2006 ruling, the application was not entertained because, prior to filing it, the VCT boss had ignored the advice of Prime Minister Samuel Hinds and illegally set up and operated a station.
The court directed that the NFMU forthwith consider and determine the appellant’s application for a radio broadcasting license as presented it in June of 1993.
The Chancellor had stated that before Vieira filed, he had been charged with constructing and operating the station illegally and declared that the Court could not entertain a case of the kind from a lawbreaker.
To do so would be to condone lawlessness, the judge declared, noting that the VCT matter is still pending in the Magistrate’s Court.
Justice Singh ordered the applicant to face his trial.
“In the event he is convicted, Vieira will purge his wrongdoing but, if found innocent, he would be in a position to apply again for a license and renew his quest for the declarations sought, including: that refusal of the grant was in breach of his fundamental rights under Article 165 of the Constitution which guarantees freedom of expression; that the Government grant of licenses to State corporations for radio broadcasting amounts to an unlawful monopoly; once more that the whole Post and Telegraph Act should be declared null and void and that refusal of the grant is discriminatory and contrary to fundamental rights guaranteed by Article 149 of the Constitution.”
Justice Singh had ruled that Vieira had asked for an order compelling the NFMU to issue him a license although, in August 2001, he established a wireless telegraph station without one and commenced broadcasts.
After the establishment of that radio station the Prime Minister had written to Vieira, telling him that he, the Prime Minister, could not be tolerant with anyone who operates an illegal radio station and advised him to desist, the judge pointed out.
Vieira had stopped his broadcasts but resumed after a short while and was subsequently prosecuted for the criminal offence of establishing a wireless station without a license.
The Chancellor ruled, yesterday, stated that the court finds that the state contravened the VCT right to freedom of expression by not issuing it with a radio license.
He also found that VCT’s constitutionally protected right to unhindered right to receive ideas and information and transmit same was breached
The Government created an unlawful monopoly on radio, which was in contravention of the laws of Guyana, the Chancellor, said.
He stated that the NFMU completely abandoned its responsibility since it never considered VCT’s application for a radio license in 1993 nor did it tell VCT why it was not in a position to so do.
While admitting that it cannot direct NFMU to issue license, Chancellor Singh told the frequency management body to “do its job.”
Chancellor Singh pointed out that the NFMU is not doing its job when it delays to even respond to an applicant.
He pointed out that the trial judge Jainarayan Singh erred when he upheld criminal charges against VCT given that the police had laid charges against Anthony Vieira for the illegal broadcasts.
According to the Chancellor VCT never faced criminal charges but the judge treated the corporate entity and the individual as one and the same.
As such the appeal court granted leave to VCT to approach the High Court for damages and ordered that the NFMU and the Attorney General each pay $250,000 in costs to VCT.
The Appellate Court comprised Chancellor Carl Singh, Justice B.S. Roy and Justice Yonette Cummings-Edwards.

---

---