The NFMU is trying to do the right thing in the wrong way

Oct 21, 2009 Features / Columnists, Peeping Tom

The National Frequency Management Unit (NFMU)’s decision to no longer accept new applications for television and radio licences is yet another of the inexplicable steps being undertaken by the administration.
By notice in the newspapers, the NFMU has indicated that in view of the recent decision by the courts, it will not be accepting any new applications.
The order of the Court instructing the NFMU to consider an application by VCT should not be construed as restraining the NFMU from accepting new applications. While this decision implicitly forces the NFMU to consider all applications on file, there is absolutely no reason why there should be a moratorium on new applications.
In fact, if the Court’s decision that the right to freedom of expression is infringed by virtue of the non-consideration or by not responding in a timely manner to an application, it can equally be concluded that a halt on new applications hinders the right to freedom of expression on an intended applicant.
One expects, therefore, that this recent decision by the NFMU to halt new applications will itself be subjected to legal challenge since it effectively debars for a period, persons with an interest in applying for a license from so doing.
The NFMU’s intention at this stage may be quite justifiable; it may simply be attempting to prevent itself from being overwhelmed by a flood of new applications which would be practically impossible for it to consider in the near future, and thus avoid having to be taken to courts for failure to consider these in a timely manner.
By limiting applications at this time, the NFMU may simply be attempting to put itself in a position where it will be able to do its work as ordered by the Courts.
There is a better way for the NFMU to have gone about the matter. Instead of exposing itself to a series of constitutional challenges by placing a moratorium on new applications, the NFMU should have allowed new applications but announced that for practical purposes it would only be able within the next two years to consider applications made prior to 2009.
It is very much the same way that the foreign embassies operate. In considering applications for immigrant status, there is a priority system whereby applications are considered by class, based on the date on which they were made. In this way, there is no prohibition on applications. New applicants simply have to wait their turn.
The NFMU has no doubt been forced to take this action in light of the instruction of the court.
It is interesting that after Justice Chang’s decision concerning television licences, no such notice was put out by the NFMU, but then again it was announced then that the government would be challenging that decision. Strangely, the government has indicated that recent decision concerning radio licences, a decision which rests on the same principles as Justice Chang’s ruling, is consistent with its own stance on the liberalization of the radio monopoly.
The NFMU is being humbugged by the failure of the government to develop a transparent and fair system for the allocation of licenses, and the government owes the NFMU an obligation to immediately put in place such a system so as to avoid the NFMU facing an interminable number of legal challenges in the future.
Even in large countries, there can only be so many licences for radio and television frequencies granted. In Guyana, economics would dictate that we cannot have a flood of radio station and television stations. Already we have a great many of the latter.
Thus it is unavoidable that there will have to be limits on the number of stations approved. Once the government agrees on the number of stations that will be approved and the categories and areas in which these stations will be licensed, it will simply then boil down to ensuring fair consideration of the many applications.
This is best achieved by a system of auctioning of licences. Auctioning licences to the highest bidder removes claims of political and personal favoritism and at the same time ensures that the State gets value for money for use of the media spectrum. It also removes a great deal of pressure from the NFMU since that body would not have to pronounce on the eligibility of any applicant for a licence, thus avoiding the necessity of placing a limitation on the receipt of new applications.

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The NFMU is trying to do the right thing in the wrong way

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