2013-HC-DEM-CIV-CM‑

IN THE HIGH COURT OF THE SUPREME COURT OF JUDICATURE
CONSTITUTIONAL/ADMINISTRATIVE DIVISON

In the Matter of the Constitution of Guyana.
– and –

In the Matter of Articles 40, 141, 146, 149, 149A and 149D and 153 of the Constitution of Guyana.

BETWEEN:

1. 1.   NATIONAL  MEDIA  AND PUBLISHING COMPANY LTD.
2. 2.   GUYANA MEDIA PROPRIETORS ASSOCIATION LIMITED.

Applicants – and –

1. THE ATTORNEY GENERAL OF GUYANA.

2. The Minister performing functions of the Minister with the responsibility of Broadcasting.

3. NATIONAL FREQUENCY MANAGEMENT UNIT.

4. GUYANA NATIONAL BROADCASTING AUTHORITY.

5. RADIO GUYANA INC.

6. TELCOR & CULTURAL BROADCASTING

1. RUDOLPH GRANT.
2. WIRELESS CONNECTIONS.
3. HITS & JAMS ENTERTAINMENT.

12. ALFRO ALPHONSO & SONS ENTERPRISE.

13. HASLYN GRAHAM.

14. LITTLE ROCK TELEVISION STATION.

15. E-NETWORKS INC.

16. QUARK COMMUNICATIONS INC.

Respondents

ORIGINATING NOTICE OF MOTION

TAKE NOTICE that this Honourable Court will be moved on Monday the day of April, 2013, at 9:00 ‘0’ clock in the forenoon or soon thereafter as Counsel can be heard by MR. ROYSDALE A. FORDE, MS. KESHIA A. CHASE, Attorneys-at-Law, on behalf of the Applicants, NATIONAL MEDIA AND PUBLISHING COMPANY LIMITED and GUYANA MEDIA PROPRIETORS ASSOCIATION LIMITED, for the following Orders and Declarations:-

a) A Declaration that the grant or issuance of Radio Broadcasting License(s) by Mr. BHARAT JAGDEO, performing functions of the Minister with the responsibility of Broadcasting to:

(i)              Radio Guyana Inc., in respect of frequencies 89.3, 89.5,
89.7, 106.9, 107.3;

(iv)          New Guyana Co., Ltd., in respect of frequencies 91.1, 90.7, 90.5, 105.9, 105.3;

(v)           Rudolph Grant in respect of frequency 92.1;

(vi)          Wireless Connections in respect of frequency 911;

(vii)     Hits & Jams Entertainment, in respect of frequency 94.1;

(viii)    Alfro Alphonso & Sons Enterprise, in respect of frequency 91.7;

(ix)          Haslyn Graham in respect of frequency 104.3;

(x)                  Lithe Rock Television Station, in respect of frequency 88.5;

Under the Post and Telegraph Act Cap 47:01 was affected by improper considerations and or motivations, done in bad faith, was unreasonable, discriminatory, unconstitutional and of no legal effect;

b)      A Declaration that the grant or issuance of Television Broadcasting License(s) by Mr. BHARAT JAGDEO, performing

f                ons of the Minister with the responsibility of Broadcasting 4.)4

RKS INC., in respect of the 2.5 GHz Band;

QUA W COMMUNICATIONS INC., in respect of the 2.5 GHz

Under the Post and Telegraph Act Cap 47:01 was affected by

(c) A Declaration that the grant or issuance of Radio Broadcasting Frequency Licenses by NATIONAL FREQUENCY MANAGEMENT UNIT to:

(i)            Radio Guyana Inc., in respect of frequencies 89.3, 89.5, 89.7, 106.9, 107.3;

(ii)           Telcor     & Cultural Broadcasting Inc., in respect of frequencies 89.7, 90.1, 91.5, 104.9, 103.3;

(iii)          NTN Radio, in respect of frequency 89.1;

(iv)          New Guyana Co., Ltd., in respect of frequencies 91.1, 90.7, 90.5, 105.9, 105.3;

(v)           Rudolph Grant in respect of frequency 92.1;

(vi)          Wireless Connections in respect of frequency 93.1;

(vii)     Hits & Jams Entertainment, in respect of frequency 94.1;

(viii)    Alfro Alphonso & Sons Enterprise, in respect of frequency 91.7;

(ix)          Haslyn Graham in respect of frequency 104.3;

(x)           Little Rock Television Station, in respect of frequency 88.5;

Under the ps u. .0 fii:^“graph Act Cap 47:01 was affected by

47

improper ⁷consider_, lions aril or motivations, done in bad faith,

(d)     A Declaration that the grant or issuance of Television

(ii)              QUARK COMMUNICATIONS INC., in respect of the 2.5 GHz
BAND;

Under the Post and Telegraph Act Cap 47:01 was affected by improper considerations and or motivations, done in bad faith, was unreasonable, discriminatory, unconstitutional and of no legal effect;

(e) A Declaration that the refusal by Mr. BHARAT JAGDEO, performing functions of the Minister with the responsibility of Broadcasting to consider and determine the application by the Applicant for Licenses to operate a Cable Television Network, Public Radio and Television at the time of the grant of Radio Broadcasting License(s) to Radio Guyana Inc., on frequencies 89.3, 89.5, 89.7, 106.9, 107.3; Telcor & Cultural Broadcasting Inc., on frequencies 89.7, 90.1, 91.5, 104.9, 103.3; NTN Radio on frequency 89.1; New Guyana Co., Ltd., on frequencies 91.1, 90.7, 90.5, 105.9, 105.3; Rudolph Grant on frequency 92.1; Wireless Connections on frequency 93.1; Hits & Jams

Entertainment on frequency 94.1; Alfro Alphonso & Sons Enterprise on frequency 91.7; Haslyn Graham on frequency 104.3 and Little Rock Television Station on frequency 88.5 constitutes

cise of discretion conferred on the Minister

Telegraph Act Cap 47:01, affected by

sid                                            ions and or motivations, done in bad faith,

rvsdh_Jle, discriminatory, unconstitutional and of no legal effect;

operate a Cable Television Network, Public Radio and Television at the time of the grant of Radio Broadcasting Frequency to Radio Guyana Inc., on frequencies 89.3, 89.5, 89.7, 106.9, 107.3; Telcor & Cultural Broadcasting Inc., on

frequencies 89.7, 90.1, 91.5, 104.9, 103.3; NTN Radio on frequency 89.1; New Guyana Co., Ltd., on frequencies 91.1, 90.7, 90.5, 105.9, 105.3; Rudolph Grant on frequency 92.1; Wireless Connections on frequency 93.1; Hits & Jams Entertainment on frequency 94.1; Alfro Alphonso & Sons Enterprise on frequency 91.7; Haslyn Graham on frequency 104.3 and Little Rock Television Station on frequency 88.5 constitutes an improper exercise of discretion conferred on the Minister under the Post

and      Telegraph      Act              Cap 47:01, affected by improper

considerations and or motivations, done in bad faith, was unr’sonable, discriminatory, unconstitutional and of no legal effect;

Declaration that the grant or issuance of Radio

Broadcasting License(s) to:

(1)        Radio Guyana Inc., in respect of frequencies 89.3, 89.5, 89.7, 106.9, 107.3;

(ii)        Telcor    & Cultural Broadcasting Inc., in respect of frequencies 89.7, 90.1, 91.5, 104.9, 103.3;

(iii)       NTN Radio, in respect of frequency 89.1;

(iv)       New Guyana Co., Ltd., in respect of frequencies 91.1, 90.7, 90.5, 105.9, 105.3;

(v)        Rudolph Grant in respect of frequency 92.1;

(viii)      Alfro Alphonso & Sons Enterprise, in respect of frequency 91.7;

(ix)        Haslyn Graham in respect of frequency 104.3;

(x)          Little Rock Television Station, in respect of frequency 88.5;

Under the Post and Telegraph Act Cap 47:01 by Mr. BHARAT JAGDEO, performing functions of the Minister with the responsibility of Broadcasting was granted and or issued in breach of the First Named Applicant and the Second Named Applicant’s legitimate expectations and constitutional rights;

(h)    A Declaration that the grant or issuance of Television Broadcasting License(s) to:

(i)     E-NETWORKS INC., in respect of the 2.5 GHz Band;

(ii)    QUARK COMMUNICATIONS INC., in respect of the 2.5 GHz BAND;

Under the Post and Telegraph Act Cap 47:01 by Mr. BHARAT JAGDEO, performing functions of the Minister with the responsibility of Broadcasting was granted and or issued in breach of the First Named Applicant and the Second Named Applicant’s legitimate expectations and constitutional rights;

ration that the signing of a written document entitled
e “Communiqué” on the 5^th day of May, 2003, by Mr.
BHARAT JAGDEO, performing functions of the Minister with
the responsibility of Broadcasting and in his capacity as
President of the Co-operative Republic of Guyana and Mr.

Radio by the National Frequency Management Unit until such time as the new Broadcasting Act comes into effect” provided and conferred upon the Applicants a legitimate expectation that no Licenses and or frequencies will be issued until the new Broadcasting Act comes into effect by the Minister with the responsibility of Broadcasting and by the National Frequency Management Unit;

A Declaration that the grant or issuance of Radio Broadcasting License(s) by Mr. BHARAT JAGDEO, performing functions of the Minister with the responsibility of Broadcasting to:

(i)         Radio Guyana Inc., in respect of frequencies 89.3, 89.5, 89.7, 106.9, 107.3;

(ii)        Telcor & Cultural Broadcasting Inc., in respect of frequencies 89.7, 90.1, 91.5, 104.9, 103.3;

(iii)      NTN Radio, in respect of frequency 89.1;

(iv)       New Guyana Co., Ltd., in respect of frequencies 91.1, 90.7, 90.5, 105.9, 105.3;

(v)        Rudolph Grant in respect of frequency 92.1;

(vi)       Wireless Connections in respect of frequency 93.1;

(vii)      HJ Entertainment

favour of the Applicants by virtue of the said Mr. BHARAT JAGDEO performing functions of the Minister with the responsibility of Broadcasting in his capacity as President and Mr. ROBERT H. 0. CORBIN, the Leader of the Opposition entering into a written document entitled the “Communiqué”.

(k) A Declaration that the grant or issuance of Television Broadcasting License(s) by Mr. BHARAT JAGDEO, performing functions of the Minister with the responsibility of Broadcasting to:

(i)             E-NETWORKS INC., in respect of the 2.5 GHz Band;

(ii)           QUARK COMMUNICATIONS INC., in respect of the 2.5 GHz BAND;

Prior to the new Broadcasting Act coming into effect constitutes a breach of the legitimate expectation created in favour of the Applicants by virtue of the said Mr. BHARAT JAGDEO performing functions of the Minister with the responsibility of Broadcasting in his capacity as President and Mr. ROBERT H. 0. CORBIN, the Leader of the’ Opposition entering into a written document entitled the “Communiqué”.

tdei

eclarattia that the grant or issuance of Radio

Broadcasting frequency censes by the NATIONAL FREQUENCY MANAGEMENT UNIT

(i)             Radio’ Guyana Inc., in respect of frequencies 89.3, 89.5, 89.7, 106.9, 107.3;

(ii)           Telcor     & Cultural Broadcasting Inc., in respect of

(iv)           New Guyana Co., Ltd., in respect of frequencies 91.1, 90.7, 90.5, 105.9, 105.3;

(v)            Rudolph Grant in respect of frequency 92.1;

(vi)          Wireless Connections in respect of frequency 93.1;

(vii)         Hits & Jams Entertainment, in respect of frequency 94.1;

(viii)       Alfro Alphonso & Sons Enterprise, in respect of frequency91.7;

(ix)          Haslyn Graham in respect of frequency 104.3;

(x)           Little Rock Television Station, in respect of frequency 88.5;

Prior to the new Broadcasting Act coming into effect constitutes a breach of the legitimate expectation created in favour of the Applicants by virtue of the said Mr. BHARAT JAGDEO performing functions of the Minister with the responsibility of Broadcasting in his capacity as President and Mr. ROBERT H. 0. CORBIN, the Leader of the Opposition entering into a written document entitled the “Communiqué”.

(m) A Declaration that the grant or issuance of Television Broadcasting Frequency Licenses by the NATIONAL FREQUENCY MANAGEMENTVNIT to:

(i)             E-NETWORKS           in respect of the 2.5 GHz Band;

(ii)           QUARK COMMU ATIONS INC., in respect of the 2.5 GHz BAND;

Prior to the new Broadcasting Act coming into effect constitutes a breach of the legitimate expectation created in favour of the Applicants by virtue of the said Mr. BHARAT

Mr. ROBERT H. 0. CORBIN, the Leader of the Opposition entering into a written document entitled the “Communiqué”.

(n)     A Declaration that the Minister with the responsibility of Broadcasting and the NATIONAL FREQUENCY MANAGEMENT UNIT’s decision to abandon the commitment and legitimate expectation created in favour of the Applicants without affording the said Applicants of any notice of a change from the terms of commitment expressed and embodied in the aforesaid Communiqué dated the 5^th day of May, 2013, entered into between BHARAT JAGDEO in his capacity as President and Mr. ROBERT H. 0. CORBIN, the Leader of the Opposition constitutes a breach of the provision of Articles 40, 141, 146, 149, 149A and 149D of the Constitution of the Co-operative Republic of Guyana;

(o)        A Declaration that the grant of Radio Broadcast License(s)

and Radio Broadcast Frequency License(s) by the Minister performing functions of the Minister with the responsibility of Broadcasting and the NATIONAL FREQUENCY MANAGEMENT

ount of 5 (Five) each to Radio Guyana Inc., oadcasting Inc., and New Guyana Co., capricious, an abuse of the exercise of a Irted disc:;’     and in breach of Articles 146, 149, 149A

and 149D of the Constitution of the Co-operative Republic of Guyana;

responsibility of Broadcasting and the NATIONAL FREQUENCY MANAGEMENT UNIT to E-NETWORKS INC., in respect of the 2.5 GHz Band and QUARK COMMUNICATIONS INC., in respect of the 2.5 GHz BAND is unreasonable, capricious, an abuse of the exercise of a purported discretion and in breach of Articles 146, 149, 149A and 149D of the Constitution of the Co-operative Republic of Guyana;

(q) A Writ of Certiorari directed to the Minister with responsibility for broadcasting to transmit and or bring up the record of the grant and or issuance of Radio Broadcast License(s) and to show cause why the decision of BHARAT JAGDEO in his capacity as Minister performing functions of the Minister with

the  responsibility of Broadcasting to issue Radio Broadcast License(s) to the said:

(r)            Radio Guyana Inc;

(ii)           Telcor & Cultural Broadcasting Inc;

(iii)          NTN Radio;

(iv)          New Guyana Co., Ltd;

(v)           Rudolph Grant;

(vi)          Wireless Connections;

(vii)         Hits & Jams Entertainment;

(viii)       Alfro Alphonso & Sons Enterpri

(ix)          Haslyn Graham;

(x)           Little Rock Television Station; should not be quashed on the ground and for the reason that the said decision to grant the aforesaid licenses and

principles of Natural Justice legitimate expectations and in breach of the provision of the Constitution.

(r) A Writ of Certiorari directed to the Minister with responsibility for broadcasting to transmit and or bring up the record of the grant and or issuance of Television Broadcast License(s) and to show cause why the decision of BHARAT JAGDEO in his capacity as Minister performing functions of the Minister with the responsibility of Broadcasting to issue Television Broadcast License(s) to the said:

(i)             E-NETWORKS INC., in respect of the 2.5 GHz Band;

(ii)           QUARK COMMUNICATIONS INC., in respect of the 2.5 GHz BAND;

should not be quashed on the ground and for the reason that the said decision to grant the aforesaid licenses and frequencies is unlawful, wholly in excess of jurisdiction arrived at or made in bad faith and with improper considerations and or motives, null, void and of no legal effect, in breach of principles of Natural Justice legitimate expectations and in breach of the provision of the Constitution.

Radio Frequency Broadcast License(s) and to show cause why

(ii)          Telcor & Cultural Broadcasting Inc;

(iii)         NTN Radio;

(iv)         New Guyana Co., Ltd;

(v)           Rudolph Grant;

(vi)         Wireless Connections;

(vii)        Hits & Jams Entertainment;

(viii)       Alfro Alphonso & Sons Enterprise;

(ix)         Haslyn Graham;

(x)          Little Rock Television Station;

should not be quashed on the ground and for the reason that the said decision to grant the aforesaid licenses and frequencies is unlawful, wholly in excess of jurisdiction arrived at or made in bad faith and with improper considerations and or motives, null, void and of no legal effect, in breach of principles of Natural Justice legitimate expectations and in breach of the provision of the Constitution.

(t) A Writ of Certiorari directed to VALMIKI SINGH, Managing Director of the National Frequency Management Unit and or the NATIONAL FREQUENCY MANAGEMENT UNIT to transmit and or bring up the record of the grant and or issuance of Television Frequency Broadcast License(s) and to show cause

444°7               decision of the NATIONAL FREQUENCY MANAGEMEN UNIT to issue Television Band Broadcast

said:

frequencies is unlawful, wholly in excess of jurisdiction arrived at or made in bad faith and with improper considerations and or motives, null, void and of no legal effect, in breach of principles of Natural Justice legitimate expectations and in breach of the provision of the Constitution.

(u)       An Order that VALMIKI SINGH, Managing Director of the National Frequency Management Unit do produce a statement of all available Radio, Television and Cable frequencies in Guyana;

(v)       An Order that a Radio Broadcast License; a Radio Broadcast Frequency; a Television and Cable Television Broadcast Licence and Television and Cable Television Broadcast Frequency Licenses be issued to the Applicant and such members of the Second Named Applicant who had applied for such License(s) as the High Court may approve.

(w)      A Declaration that the frequency spectrum of the Co-operative Republic of Guyana is a national resource;

(x)       A Declaration that the Applicant is entitled to exemplary damages for the oppressive, arbitrary and unconstitutional action by the exercise of the executive power of the State;

(y)      Damages and/or aggravated compensatory damages in excess

(z) An Order or Rule Nisi of Certiorari directed to the Minister with responsibility for broadcasting to transmit and or bring up the record of the grant and or issuance of Radio Broadcast License(s) and to show cause why the decision of BHARAT JAGDEO in his capacity as Minister performing functions of the Minister with the responsibility of Broadcasting to issue Radio Broadcast License(s) to the said:

(i)                    Radio Guyana Inc;

(ii)                   Telcor & Cultural Broadcasting Inc;

(iii)                 NTN Radio;

(iv)                 New Guyana Co., Ltd;

(v)                  Rudolph Grant;

(vi)                 Wireless Connections;

(vii)                Hits & Jams Entertainment;

(viii)               Alfro Alphonso & Sons Enterprise;

(ix)                 Haslyn Graham;

(x)                  Little Rock Television Station;

should not be quashed on the ground and for the reason that the said decision to grant the aforesaid licenses and frequencies is unlawful, wholly in excess of jurisdiction arrived at or made in bad faith and with improper considerations and or motives, null, void and of no legal effect, in breach of princi ural Justice legitimate expectations and in br ch of he provisi, of the Constitution.

(aa) Arl, Order or Rulg, isi of Certiorari directed to the Minister

^A ArAt’ViAlk

with rd*O§ibit          for broadcasting to transmit and or bring

functions of the Minister with the responsibility of Broadcasting to issue Television Broadcast License(s) to the said:

(i)             E-NETWORKS INC., in respect of the 2.5 GHz Band;

(ii)           QUARK COMMUNICATIONS INC., in respect of the 2.5 GHz BAND;

should not be quashed on the ground and for the reason that the said decision to grant the aforesaid licenses and frequencies is unlawful, wholly in excess of jurisdiction arrived at or made in bad faith and with improper considerations and or motives, null, void and of no legal effect, in breach of principles of Natural Justice legitimate expectations and in breach of the provision of the Constitution.

(bb) An Order or Rule Nisi of Certiorari directed to VALMIKI SINGH, Managing Director of the National Frequency Management Unit and or the NATIONAL FREQUENCY MANAGEMENT UNIT to transmit and or bring up the record of the grant and or issuance of Television Frequency Broadcast License(s) and to show cause why the decision of the NATIONAL FREQUENCY MANAGEMENT UNIT to issue Television Frequency Broadcast License(s) to the said:

(i)        Radio Guyana Inc;

(i)             Telcor & Cultural Broadcasting Inc;

(ii)           NTN Radio;

(iii)          New Guyana Co., Ltd;

(iv)          Rudolph Grant;

(v)           Wireless Connections;

(ix)      Little Rock Television Station;

should not be quashed on the ground and for the reason that the said decision to grant the aforesaid licenses and frequencies is unlawful, wholly in excess of jurisdiction arrived at or made in bad faith and with improper considerations and or motives, null, void and of no legal effect, in breach of principles of Natural Justice legitimate expectations and in breach of the provision of the Constitution.

(cc) An Order or Rule Nisi of Certiorari directed to VALMIKI SINGH, Managing Director of the National Frequency Management Unit and or the NATIONAL FREQUENCY MANAGEMENT UNIT to transmit and or bring up the record of the grant and or issuance of Television Frequency Broadcast License(s) and to show cause why the decision of the NATIONAL FREQUENCY MANAGEMENT UNIT to issue Television Frequency Broadcast License(s) to the said:

(i)                E-NETWORKS INC., in respect of the 2.5 GHz Band;

(iii) QUARK COMMUNICATIONS INC., in respect of the 2.5 GHz

BAND;

should not be quashed on the ground and for the reason hat the said decision to grant the aforesaid licenses and equencies is unlawful, wholly in excess of jurisdiction arrived at or made in bad faith and with improper considerations

and or motives, null, void and of no legal effect, in breach of principles of Natural Justice legitimate expectations and in breach of the provision of the Constitution.

functions of the Minister with the responsibility of Broadcasting in the amount of 5 (Five) each to Radio Guyana Inc., Telcor & Cultural Broadcasting Inc., and New Guyana Co., Ltd., be stayed save and in respect of 89.5 in favour of Radio Guyana Inc; 89.1 in favour of NTN Radio; 93.1 in favour of Wireless Connections and 94.1 in favour of Hits and James Entertainment;

(ee) A Conservatory Order or direction that the decision to issue the Television Broadcast License(s) issued by the Minister performing functions of the Minister with the responsibility of Broadcasting to:

(i)             E-NETWORKS INC., in respect of the 2.5 GHz Band;

(ii)           QUARK COMMUNICATIONS INC., in respect of the 2.5 GHz BAND;

A Conservatory Order or direction that the decision to issue the Radio Broadcast Frequency License(s) issued by the NATIONAL FREQUENCY MANAGEMENT UNIT in the amount of 5 (Five) each to Radio Guyana Inc., Telcor & Cultural Broadcasting Inc., and New Guyana Co., Ltd., be stayed saved d in respect of 89.5 in favour of Radio Guyana Inc; 89.1

favour of NTN Radio; 93.1 in favour of Wireless Connections ‘(‘ ^rid 94.1 in favour of Hits and James Entertainment;

(gg) A Conservatory Order or direction that the decision to issue the Television Broadcast Frequency License(s) issued by the NATIONAL FREQUENCY MANAGEMENT UNIT to:

(hh) Any other or further Order as may be just.

(ii)      Costs.

MR. OYSD ^A EA. FORDE

Attorney-at-Law for the Applicant

Dated 1_Georgetown, Demerara. This/Tay of April, 2013.

AND TAKE NOTICE that the grounds for this Application are set out in the Affidavit in Support of this Originating Notice of Motion.

AND TAKE FURTHER NOTICE that the Applicant intends to use

the Affidavit filed on Support of this Motion and such other Affidavits and viva voce evidence as Counsel may advise.

MR. Re SDALE^.A. ORDE

Attorney-at-Law for the Applicant

THIS ORIGINATING NOTICE OF MOTION is issued by MR.

ROYSDALE A. FORDE, Attorney-at-Law, whose address for service and place of business is at Lot 77 Hadfield Street, Werk-en-Rust, Georgetown, Demerara, Guyana.

TO:       The Honourable Minister, MR. DONALD RAMOTAR, Office of the President, GEORGETOWN.

TO: NATIONAL FREQUENCY MANAGEMENT UNIT, Lot 68 Hadfield Street,

Lodge,

GEORGETOWN.

TO: GUYANA NATIONAL BROADCASTING AUTHORITY, Homestretch Avenue,

GEORGETOWN.

TO: RADIO GUYANA INC.,
GEORGETOWN.

TO: TELCOR & CULTURAL BROADCASTING INC., GEORGETOWN.

TO: NTN RADIO., GEORGETOWN.

TO: NEW GUYANA CO., LTD., GEORGETOWN.

TO: ALFRO ALPHONSO & SONS ENTERPRISE, Charity,

ESSEQUIBO.

TO: HASLYN GRAHAM, LINDEN.

TO: LITTLE ROCK TELEVISION STATION, New Amsterdam,

BERBICE.

TO: E-NETWORKS INC. GEORGETOWN.

IN THE HIGH COURT OF THE SUPREME COURT OF JUDICATURE

CONSTITUTIONAL/ADMINISTRATIVE DIVISON

In the Matter of the Constitution of Guyana.

– and –

In the Matter of Articles 40, 141, 146, 149, 149A and 149D and 153 of the Constitution of Guyana.

BETWEEN:

1. 1.   NATIONAL                           MEDIA

COMPANY.

‘44/4

1. 2.   GUYANA^—MEDIA PROPRIETORS

ASSOCIATION LIMITED.

Applicants

– and –

1. THE ATTORNEY GENERAL OF GUYANA.

2. The Minister performing functions of the Minister with the responsibility of Broadcasting.

3. NATIONAL FREQUENCY MANAGEMENT UNIT.

4. GUYANA NATIONAL BROADCASTING AUTHORITY.

5. RADIO GUYANA INC.

6. TELCOR & CULTURAL BROADCASTING INC.

1. RUDOLPH GRANT.
2. WIRELESS CONNECTIONS.
3. HITS & JAMS ENTERTAINMENT.

12. ALFRO ALPHONSO & SONS ENTERPRISE.

1. HASLYN GRAHAM.
2. LITTLE ROCK TELEVISION STATION.
3. E-NETWORKS INC. 16.QUARK COMMUNICATIONS INC.

Respondents

ORIGINATING NOTICE OF MOTION

IN THE HIGH COURT OF THE SUPREME COURT OF JUDICATURE
CONSTITUTIONAL/ADMINISTRATIVE DIVISON

In the Matter of the Constitution of Guyana.

– and –

In the Matter of Articles 40, 141, 146, 149, 149A and 149D and 153 of the Constitution of Guyana.

BETWEEN:

1. 1.                                        NATIONAL       MEDIA             AND PUBLISHING COMPANY LTD.
2. The Minister performing functions of the Minister with the responsibility of Broadcasting.
3. NATIONAL FREQUENCY MANAGEMENT UNIT.
4. GUYANA NATIONAL BROADCASTING AUTHORITY.
5. RADIO GUYANA INC.
6. TELCOR & CULTURAL BROADCASTING INC.

11. HITS & JAMS ENTERTAINMENT.

12. ALFRO ALPHONSO & SONS ENTERPRISE.

1. HASLYN GRAHAM.
2. LITTLE ROCK TELEVISION STATION.
3. E-NETWORKS INC.

16.QUARK COMMUNICATIONS INC.

Respondents

AFFIDAVT IN SUPPORT OF ORIGINATING NOTICE OF MOTION

I, GLENN LALL, of Lot 24 Saffon Street, Charlestown, Georgetown, Demerara, Guyana, being duly sworn, make oath and say as follows:-

1. That I am the Managing Director of the First Named Applicant herein and I am authorised to swear this Affidavit on its behalf.
2. That the First Named Applicant is a duly incorporated Company under the Companies Act of Guyana.

`hat the First Named Applicant is the publisher of the paper the “Kaieteur News” and is of wide and general circulation in Guyana.

2.6)

purpose of advocating and representing the interest of media owners and properties in Guyana.

5.    That the matters to which I depose herein are within my personal knowledge save and except where it is so stated.

6.      That on the 4^th day of December, 2008, in the capacity as

Managing Director of the National Media and Publishing Company I caused an Application to be made to MR. SAMUEL HINDS, Prime Minister of Guyana, and Minister performing the functions of Minister of Public Works and Communications in respect of:

(a)      A license to own and operate a cable television network in Guyana;

(b)      A license to own and operate a public radio station;

(c)      A license to own and operate a television station;

That attached hereto and marked exhibit “GL1” is a copy of the said Application.

7. That on the said 4^th day of December, 2008, I sent a copy of the aforesaid Letter to the NATIONAL FREQUENCY MANAGEMENT UNIT, the Third Named Respondent.

That received a Letter dated the 26^th day of February, 2009, HA SATIACHARAN, the Confidential Secretary of the AL FREQUENCY MANAGEMENT UNIT. That attached

son

1. That on the 10^th day of March, 2010, I on behalf of the First Named Applicant applied to the Third Named Respondent for Radio and Broadcasting Station Licenses.
2. That the aforesaid Application to the Third Named Respondents were in respect of frequencies 90.5; 99.5; 105.5 and 462.5. That attached hereto and marked exhibit “GL3” are

copies of the aforesaid Applications.

1. That on the said 12^th day of March, 2010, the Third Named Respondent issued an Application/Registration Receipt which indicated that the said Application was given the Registration No. APAB5 2010012. That attached hereto and marked exhibit “GL4” is a copy of the said Application/Registration Receipt.
   1. That Mr. C. N. SHARMA operates Television CNS 6 and is a member of the Second Named Applicant,
   2. That in a Letter dated the 2^nd day of August, 2000, Mr. C. N. SHARMA wrote Mr. SEO PERSAUD, the Chief Executive Officer of the National Frequency Management Unit, indicating

Relay Station in West Berbice which informed him that his application would be placed on file for consideration until the Broadcast Bill is enacted. That attached hereto and marked exhibit “GL6” is a copy of the said Letter.

1. That in a Letter dated the 7^th day of April, 2001, Mr. C. N. SHARMA wrote the Honourable Prime Minister Mr. Samuel Hinds seeking the Honourable Prime Minister’s intervention in Mr. Sharma’s acquisition of a UHF Signal to operate a radio station. That attached hereto and marked exhibit ^“GL7^“ is a

copy of the said Letter.

1. That on the 20^th day of April, 2001, Mr. C. N. SHARMA wrote the Honourable Prime Minister Mr. SAMUEL HINDS indicating his interest in setting up a Relay Station in the Mahaicony Station. That attached hereto and marked exhibit “GL8” is a copy of the said Letter.
2. That Mr. C. N. SHARMA received a Letter dated the 5^th day of October, 2001, under the hand of Mr. VALMIKKI SINGH, the Chief Executive Officer acknowledging receipt of his Applitalion for a Television Broadcasting Station and informing

im that \ his Application will                                           be placed on file for

eration                             until after the            enactment   of     Broadcast
atfoin. That attached hereto and marked exhibit “GL9”

is a copy of the said Letter.

1. That Mr. C. N. SHARMA received a Letter dated the 4th day of January, 2002, under the hand of Mr. VALMIKKI SINGH, the Chief Executive Officer acknowledging receipt of his Application for a Television Relay Station and informing him that his Application will be placed on file for consideration until after the enactment of Broadcast Legislations. That attached hereto and marked exhibit “GL10” is a copy of the

said Letter.

1. That in a Letter dated the 19^th day of February, 2007, Mr. C.N. SHARMA wrote the Honourable Prime Minister Mr. SAMUEL HINDS reminding the said Prime Minister of a Letter dated the 7^th day of April, 2001, seeking his intervention in Mr. C.N. SHARMA’s Application for a Radio License. That attached hereto and marked exhibit “GL11” is a copy of the said

Letter.

1. 20.        That in a Letter dated the 20^th day of January,’ 2009, Mr. C. N. SHARMA wrote Dr. Roger Luncheon, Cabinet Secretary seeking his intervention and assistance in his Application for a television relay station and FM/AM radio signals. Mr. C. N.

SHAR                  also requested application forms to the National

Management Frequency Unit. That attached hereto and marked

requesting that he completes and submits to the office of the National Frequency Management Unit the application Form provided by the National Frequency Management Unit. That attached hereto and marked exhibit “GL13” is a copy of

the said Letter.

1. That in a Letter dated the 9^th day of February, 2010, Mr. C. N. SHARMA wrote the Chief Executive Officer of the National Frequency Management Unit applying for a license to install and operate an FM Radio Station. That attached hereto and marked exhibit “GL14” is a copy of the said Letter.
2. That at the time of the aforesaid Applications, I was aware that MR. BHARAT JAGDEO, President of the Republic of Guyana and MR. ROBERT CORBIN, Leader of the Opposition had entered into a document entitled the “Communiqué” on the 2^nd day of May, 2003. That attached hereto and marked exhibit “GL15” is a copy of the said document entitled the

“Communiqué”.

1. That by the aforesaid “Communiqué” MR. BHARAT JAGDEO in acity as President of the Co-operative Republic of Guyana ₄4tvhilst so exercising the functions of the Minister with ‘espon ility for broadcasting and Mr. ROBERT CORBIN, of the Opposition, agreed at item 2:4 that:

partisan Boards of Directors of the state-owned media and the NFMU was approved and would be implemented within 4 (Four) months.

The draft broadcasting legislation which will include provisions for the creation of a National Broadcasting Authority, would be ready for consultation with 2 (Two) months and be laid in the National Assembly within 4 (Four) months 1^st May, 2003.

Equitable access (based on parliamentary representation) to the state-owned media by all Parliamentary Parties (as distinct from government) would be instituted without undue delay.

The independent National Broadcasting Authority would be the licences issuing authority for all “commercial” licences for commercial frequencies for radio and television. The NFMU would be responsible for providing technical advice to the NBA for the granting of commercial frequency licences.

The Interim Broadcasting Committee would be disbanded immediately the NBA comes into existence.

Taking into consideration the options presented in the final  report of the Joint Committee, the relationship

the statutorily enshrined criteria which emphasise high standards of broadcasting and serious penalties for their infringement.”

1. That at all material times the First Named Applicant and the Second Named Applicant relied on the undertakings and terms expressed in the aforesaid “Communiqué” and accepted that the policy of the State was that there would indeed “be a freeze on the granting of all new commercial frequencies for Television and Radio by the National Frequency Management Unit until such time as the new Broadcasting Act comes into effect”.
2. That the National Assembly enacted a Broadcasting Act, No. 17 of 2011 and, MR. BHARAT JAGDEO assented to the said Act on the 27^th day of September, 2011.
3. That prior to the assent of the Broadcasting Act by the President the State had a monopoly on Radio Broadcasting.

_tomA^ll u_k?That prior to the assent of the Broadcasting Act by the President Tel vision Broadcast Licenses were issued under the Post and Telegraphy Act Cap 47:01.

That by Section 1 of the Broadcasting Act, the said Act was provided for to “come into operation on such date as the Minister may appoint”.

in his capacity as the Minister performing the functions of Minister with the responsibility of broadcasting and the NATIONAL FREQUENCY MANAGEMENT UNIT proceeded to grant Radio Broadcasting Licenses and Radio Broadcasting Frequency Licenses to:

(a)           Radio Guyana Inc., in respect of frequencies 89.3, 89.5, 89.7, 106.9, 107.3;

(b)         Telcor    & Cultural Broadcasting Inc., in respect of frequencies 89.7, 90.1, 91.5, 104.9, 103.3;

(c)            NTN Radio, in respect of frequency 89.1;

(e)           New Guyana Co., Ltd., in respect of frequencies 91.1, 90.7, 90.5, 105.9, 105.3;

Rudolph Grant in respect of frequency 92.1;

Wireless Connections in respect of frequency 93.1;

Hits & Jams Entertainment, in respect of frequency 94.1;

h)     Alfro Alphonso & Sons Enterprise, in respect of frequency 91.7;

(i)           Haslyn Graham in respect of frequency 104.3;

(j)           Little Rock Television Station, in respect of frequency 88.5;

And Television Licenses to:

(k)          E-Networks Inc., in respect of 2.5 GHz Band;

(I)       Quark Communications Inc., in respect of 2.5 GHz Band;

31.     That the aforesaid Radio Broadcast Licenses and the Radio

1. That      the aforesaid Television Broadcast Licenses and the

Television Broadcast Frequency Licenses were purportedly issued

under the provisions of the Post and Telegraphy Act Cap

47:01

1. That the Post and Telegraphy Act Cap 47:01 has not been repealed by the enactment of the Broadcasting Act.
2. That in October, 2011, MR. BHARAT JAGDEO made public statements in respect of Radio Broadcasting and the said statements were widely circulated throughout Guyana that:

“I’m going to have to do this quickly. This was a

promise that I made, that I’ll pass broadcast legislation

and then issue the radio licenses before I demit office and

also because we had a Court Order directing us to do

this. So it was one of the things that slipped me, I have

to get it done….. within the month,” he said”.

the General and Regional Elections were constitutionally
done • the 28^th day of December, 2011, and MR. BHARAT
GDE fixed the Election date as the 28^th day of November,

36. That on or about the 14^th day of March, 2013, the First Named Applicant learnt through a response given by MR. SAMUEL HINDS, Prime Minister of Guyana to a question by MS. CATHERINE HUGHES, Member of Parliament in the

(a)        Radio Guyana Inc., in respect of frequencies 89.3, 89.5, 89.7, 106.9, 107.3;

(b)         Telcor    & Cultural Broadcasting Inc., in respect of frequencies 89.7, 90.1, 91.5, 104.9, 103.3;

(c)        NTN Radio, in respect of frequency 89.1;

(d)        New Guyana Co., Ltd., in respect of frequencies 91.1, 90.7, 90.5, 105.9, 105.3;

(e)        Rudolph Grant in respect of frequency 92.1;

(f)         Wireless Connections in respect of frequency 93.1;

(g)        Hits & Jams Entertainment, in respect of frequency 94.1;

(h)         Alfro Alphonso & Sons Enterprise, in respect of frequency 91.7;

(i)         Haslyn Graham in respect of frequency 104.3;

(j)         Little Rock Television Station, in respect of frequency 88.5;

And in respect of Television Broadcast Licenses and Television Broadcast Licenses to:

(k)        E-Networks Inc., in respect of 2.5 GHz Band;

(I)       Quark Communications Inc., in respect of 2.5 GHz Band; That attached hereto and marked exhibit ^“GL16^“ is a copy

the said document.

e Broadcast Act having been passed in July, 2011, came effect by Commencement Order which fixed the appointment date as the 28^th day of August, 2012.

a confirmation of the undertaking given in the “Communiqué” years earlier.

1. That the policy of the Government at all material times remained that it was going to pass Broadcast Legislation and then issue Radio and Television Licenses.
2. That this policy position can be gleaned by the aforesaid statement of MR. BHARAT JAGDEO in October, 2011, and earlier in the Court proceeding instituted by NORMAN CHAPMAN and MORTIMER YEARWOOD, VALMIKI SINGH, Managing Director of the NATIONAL FREQUENCY MANAGEMENT UNIT contended that the then impending Broadcasting Act would set out guidelines for the granting of licences, including details such as frequencies and channels to be assigned, geographic locations, power of transmitters, and the broadcasting standards to be used and further that the failure to resolve these matters before the issue of new licences could result in serious technical difficulties and inefficient usage of

.⁴–¹4%the electromagnetic spectrum.

t even after the Court’s ruling in the aforesaid case to the
ect that the refusal to grant or the denial to issue new Licenses
by the Third Named Respondent was in violation of the
Constitution, the State reaffirmed its policy as reflected in the
aforesaid statement of MR. BHARAT JAGDEO in October, and
the continued refusal to issue new licenses until November,

42. That among the Radio Broadcast Licenses and the Radio Broadcast Frequency Licenses issued in the month of November, 2011, were 5 (Five) frequencies each issued to Radio Guyana Inc., Telcor & Cultural Broadcasting Inc., and New Guyana Co., Ltd., and Television Licenses to:

(m)         E-Networks Inc., in respect of 2.5 GHz Band;

(n)           Quark Communications Inc., in respect of 2.5 GHz Band;

43. That the Prime Minister’s response as aforesaid states that with respect to Radio Guyana Inc., the contact person is Dr. RANJISINGHI RAMROOP, Telcor & Cultural Broadcasting Inc., the contact person is Mr. OMAR LOCHAN and New Guyana Co., Ltd., the contact person is Mr. DHARAM KUMAR SEARAJ.

44. That Dr. RANJISINGHI RAMROOP is known publicly to be a close friend of Mr. BHARAT JAGDEO and Mr. JAGDEO has openly admitted this to the Guyanese public.

45. That Dr. RANJISINGHI RAMROOP is also the principal of the Guyana Times Newspaper and the principal of the New GPC Inc., hich has received billions of dollars in contracts from the eople’s Progressive Party Civic Governments.

46. That Mr. OMAR LOCHAN is a Permanent Secretary in the Ministry of Natural Resources and the Environment.

attached hereto and marked exhibit “GL17” is a copy of the documents.

1. 48.    That KAMINI PERSAUD to the best of my knowledge, information and belief is the sister of Mr. ROBERT PERSAUD, Minister of Natural Resources and the Environment whilst RUTH BAUIT is the name niece of Mr. BHARAT JAGDEO.
   1. That the       New Guyana Co., is publisher of the People’s Progressive Party/Civic Newspaper.
   2. That Mr. DHARAM KUMAR SEARAJ is a major official functioning within the New Guyana Co., Ltd., and is also a People’s Progressive Party/Civic member of Parliament.
   3. That the First Named Applicant as Publisher of Kaieteur News has on many occasions been critical of the People’s Progressive Party/Civics’ governance and administration of the Country.

Rk⁷ That ‘WISHOK PERSAUD who is named as the contact
for E-NETWORKS INC., is the son of the late REEPU
AN PERSAUD, Former Government Minister and long
standing member of the People’s Progressive Party/Civic
Government whilst BRIAN YONG is named as the contact
person of QUARK COMMUNICATIONS INC., and is a friend of
Mr. BHARAT JAGDEO and former Candidate at the General and

53. That Mr. BHARAT JAGDEO has leveled numerous attacks on the First Named Applicant, its newspapers and myself as its Managing Director personally, examples of these instances are:

(a)           Around March — April, 2011, Mr. BHARAT JAGDEO publicly stated that “GLENN LALL” started Kaieteur News with backtrack money.

(b)           Around March — April, 2011, Mr. BHARAT JAGDEO publicly stated that the Kaieteur News should be called “Backtrack News.”

(c)           That Kaieteur News of the 12^th day of April, 2011, published a Letter written by HURBERT LONG to the Editor that “President Jagdeo lacks sophistication.”

(d)       That in September, 2009, MR. JAGDEO publicly stated that Kaieteur News was engaged in a willful campaign of distortion.

Guyana Chronicle, a newspaper owned by the Government of Guyana described MR. JAGDEO as having an “emotional outburst” at the time of accusing Kaieteur News as being engaged in a willful campaign of destruction.

54.      That Mr. BHARAT JAGDEO instituted a Libel Action against,

1. That Mr. BHARAT JAGDEO in October, 2011, referred to the local independent media many of whom are members of the Second Named Respondent as “Vultures and Carrion Crows.”
2. That also in the month of October, 2011, Mr. BHARAT JAGDEO stated that the local media should be placed before an International Court and jailed.
3. That Mr. BHARAT JAGDEO had identified the Kaieteur News, Stabroek News and CNS Channel Six as the aforesaid members of the local media.
4. That Mr. SAMUEL HINDS at page 8 (Eight) of his reply to Mrs. CATHERINE HUGHES, M.P., stated that in the area of highest demand, that is the Georgetown area there is at least space for 10 (Ten) more Channels in the FM Band.
5. That Mr. VALMIKI SINGH in the aforementioned Court on had revealed to the Court that there were at ixty) Applications at that time.

to the best of my knowledge, information and belief Radio Guyana Inc., Telcor & Cultural Broadcasting Inc., and New Guyana Co., Ltd., did not have any Applications pending among the 60 (Sixty) Applications referred to by Mr. VALMIKI SINGH.

2011, the 3 (Three) Companies as aforesaid with close ties to Mr. BHARAT JAGDEO total licenses amounts to more than half of the total possible FM Channels available in the country.

1. That I wrote to BIBI SHADICK, Chairman of the Guyana National Broadcasting Authority, the Fourth Named Respondent a Letter dated the 15^th day of January, 2013, indicating that I was concerned with the position of the Fourth Named Respondent that all previous Applications would now have to be submitted to the said Authority.
2. That the fact that the Applications of the First Named Applicant and those of members of the Second Named Applicant have to be resubmitted is a source of substantial hardship, inconvenience and disadvantage as:

(i)      The existing licensees are free to operate pending any approval under the Broadcasting Act;

(ii)          The Applicant and the members of the Second Named Respondent now have to face more rigorous requirements and obligations which were overcome for the existing licensees by being granted licenses prior to the coming into force of the Broadcast Act;

(iii)      The existing licensees are free to carry on commercial activities, develop a client base and earn revenues whilst the First Named Applicant and members of the Second

1. That the granting of 15 (Fifteen) Licenses to close friends, associates, fellow members of the same political party and agents of the same political party of Mr. BHARAT JAGDEO, having regard to the fact that the spectrum space is limited, I am advised by MR. ROYSDALE A. FORDE, Attorney-at-Law and verily believe is disproportional and arbitrary.
2. That Ms. BIBI SHADICK is herself a member of the People’s Progressive Party and former Government Minister of that party and is a Member of Parliament of the said party.
3. That I am advised by MR. ROYSDALE A. FORDE, Attorney­at-Law and verily believe that the Minister with the responsibility of Broadcasting and the NATIONAL FREQUENCY MANAGEMENT UNIT acted in an unfair manner and the change of the policy was made on irrational and wholly unreasonable grounds.
4. That the public interest would have been best served by the establishment of the Broadcasting Authority under the Broadcast Act, the coming into effect of the said Act and

would contend that this was in the national and public interest.

149A and 149D and the principles of doctrine of legitimate expectations serves to confer the First Named Applicant as well as the Second Named Applicant with a substantive right.

1. That I will contend that the departure of the Minister and the NATIONAL FREQUENCY MANAGEMENT UNIT from the Terms of the Communiqué; the manner of the grant of Licenses; and the known similarities of political associations; family connections and friends of the majority of persons receiving Licenses constitute clear and stark evidence of the abuse of public power, unreasonableness of the departure from the Communiqué and the irrationality inherent in the said decision to so depart and its constitutionality.
2. That I have waited over 5 (Five) years whilst Mr. C. N. SHARMA has waited over 12 (Twelve) years to benefit from the said legitimate expectation created by the terms of the Communiqué.
3. That I will also contend that the departure from the Terms of the Communiqué as well as the process of issuing Licenses and the persons to whom they were issued is immoral.

contend that the conduct of the Minister and the FREQUENCY MANAGEMENT UNIT cannot be considered as legitimate aims or proportionate as:

(iii)          He resolute position adopted by the Government for years even after a decision by the Court that the refusal to grant Licenses was unconstitutional;

(iv)          The grant of the Licenses at a time when the long awaited Broadcast Act was assented to, and many awaiting a Commitment Order;

(v)                  General and Regional Elections were fixed for November, 2011;

(vi)                 Not a single person/entity of the independent media castigated by Mr. BHARAT JAGDEO was given a License;

1. That I will further content that the Minister and the NATIONAL FREQUENCY MANAGEMENT UNIT were motivated not by the public interest but by political interest and motivations and in pursuing such interest discriminated against the Applicant, and as such the decision is perverse.
2. 75.    That the Minister and the NATIONAL FREQUENCY

MANAGEMENT UNIT failed to take into consideration the

legitimate expectations which arose in favour of the  icants by the said Minister and the said NATIONAL UENCY MANAGEMENT UNIT engaging in an established regular course of conduct and in disregarding the said

itimate    expectations engaged in an            unfair and unlawful

decision making process.

Constitution confers a Constitutional right on the Applicants not to be deprived of equality before the law and to receive equal protection and benefit of the law.

1. That by the granting of Licenses by the Minister and the NATIONAL FREQUENCY MANAGEMENT UNIT to friends, supporters, family members, agents and to members of the People’s Progressive Party/Civic who would clearly reasonably be expected proprogate the political views and opinions consistent with the said party, correspondingly Applicants are being deprived and denied their right to freedom of expression and to communicate opinions and that the inequality amounts in itself to a contraventions of Article 149D (3) which provides that:

“Equality includes the Full and equal enjoyment of all rights and freedoms guaranteed by or under this Constitution or any other law.”

1. That I am advised by MR. ROYSDALE A. FORDE, Attorney‑

at-Law, and verily believe that the grant or issuance of

Broadcasting License(s) by Mr. BHARAT JAGDEO,

performit.g^.‘ functions of the Minister with the responsibility of

Guyana Inc., in respect of frequencies 89.3, 89.5, 9.7, 106.9, 107.3;

(iv)          New Guyana Co., Ltd., in respect of frequencies 91.1, 90.7, 90.5, 105.9, 105.3;

(v)           Rudolph Grant in respect of frequency 92.1;

(vi)          Wireless Connections in respect of frequency 93.1;

(vii)     Hits & Jams Entertainment, in respect of frequency 94.1;

(viii)    Alfro Alphonso & Sons Enterprise, in respect of frequency 91.7;

(ix)          Haslyn Graham in respect of frequency 104.3;

(x)                  Little Rock Television Station, in respect of frequency 88.5;

Under the Post and Telegraph Act Cap 47:01 was affected by improper considerations and or motivations, done in bad faith, was unreasonable, discriminatory, unconstitutional and of no legal effect.

79. That I am advised by MR. ROYSDALE A. FORDE, Attorney­at-Law, and verily believe that the grant or issuance of Television Broadcasting License(s) by Mr. BHARAT JAGDEO,

functions of the Minister with the responsibility of to:

ORKS INC., in respect of the 2.5 GHz Band;

ARK COMMUNICATIONS INC., in respect of the 2.5 GHz BAND;

Under the Post and Telegraph Act Cap 47:01 was affected by improper considerations and or motivations, done in bad faith,

application by First Named Applicant for Licenses to operate a Cable Television Network, Public Radio and Television at the time of the grant of Radio Broadcasting License(s) to Radio Guyana Inc., on frequencies 89.3, 89.5, 89.7, 106.9, 107.3; Telcor & Cultural Broadcasting Inc., on frequencies 89.7, 90.1, 91.5, 104.9, 103.3; NTN Radio on frequency 89.1; New Guyana Co., Ltd., on frequencies 91.1, 90.7, 90.5, 105.9, 105.3; Rudolph Grant on frequency 92.1; Wireless Connections on frequency 93.1; Hits & Jams Entertainment on frequency 94.1; Alfro Alphonso & Sons Enterprise on frequency 91.7; Haslyn Graham on frequency 104.3 and Little Rock Television Station on frequency 88.5 constitutes an improper exercise of discretion conferred on the Minister under the Post and Telegraph Act Cap 47:01, is affected by

improper considerations and or motivations, done in bad faith,

as unreasonable, discriminatory, unconstitutional and of no

80. That I am advised by MR. ROYSDALE A. FORDE, Attorney­at-Law, and verily believe that the refusal by NATIONAL FREQUENCY MANAGEMENT UNIT to consider and determine the Application by the First Named Applicant for the respective Frequency Licenses to operate a Cable Television Network, Public Radio and Television at the time of the grant of Radio Broadcasting Frequency to Radio Guyana Inc., on frequencies 89.3, 89.5, 89.7, 106.9, 107.3; Telcor & Cultural Broadcasting Inc., on frequencies 89.7, 90.1, 91.5, 104.9, 103.3; NTN Radio on

application by First Named Applicant for Licenses to operate a Cable Television Network, Public Radio and Television at the time of the grant of Radio Broadcasting License(s) to Radio Guyana Inc., on frequencies 89.3, 89.5, 89.7, 106.9, 107.3; Telcor & Cultural Broadcasting Inc., on frequencies 89.7, 90.1, 91.5, 104.9, 103.3; NTN Radio on frequency 89.1; New Guyana Co., Ltd., on frequencies 91.1, 90.7, 90.5, 105.9, 105.3; Rudolph Grant on frequency 92.1; Wireless Connections on frequency 93.1; Hits & Jams Entertainment on frequency 94.1; Alfro Alphonso & Sons Enterprise on frequency 91.7; Haslyn Graham on frequency 104.3 and Little Rock Television Station on frequency 88.5 constitutes an improper exercise of discretion conferred on the Minister under the Post and Telegraph Act Cap 47:01, is affected by improper considerations and or motivations, done in bad faith, was unreasonable, discriminatory, unconstitutional and of no legal effect;

frequency 94.1; Alfro Alphonso & Sons Enterprise on frequency 91.7; Haslyn Graham on frequency 104.3 and Little Rock Television Station on frequency 88.5 constitutes an improper exercise of discretion conferred on the Minister under the Post and           Telegraph     Act             Cap 47:01, is affected by improper

considerations and or motivations, done in bad faith, was unreasonable, discriminatory, unconstitutional and of no legal effect;

81(b) That I am advised by MR. ROYSDALE A. FORDE, Attorney­at-Law, and verily believe that the grant or issuance of Radio Broadcasting License(s) to:

(i)         Radio Guyana Inc., in respect of frequencies 89.3, 89.5, 89.7, 106.9, 107.3;

(ii)        Telcor & Cultural Broadcasting Inc., in respect of frequencies 89.7, 90.1, 91.5, 104.9, 103.3;

(iii)      NTN Radio, in respect of frequency 89.1;

(iv)          New Guyana Co., Ltd., in respect of frequencies- 91.1, 90.7, 90.5, 105.9, 105.3;

)                           Rudolph Grant in respect of frequency 92.1;

Go                        Wireless Connections in respect of frequency 93.1;

vii) Hits & Jams Entertainment, in respect of frequency 94.1;

(viii)      Alfro Alphonso & Sons Enterprise, in respect of frequency 91.7;

(ix)        Haslyn Graham in respect of frequency 104.3;

(x)          Little Rock Television Station, in respect of frequency

responsibility of Broadcasting was granted and or issued in breach of the First Named Applicant and the Second Named Applicant’s legitimate expectations and constitutional rights.

82. That I am advised by MR. ROYSDALE A. FORDE, Attorney­at-Law, and verily believe that the signing of a written document entitled the “Communiqué” on the 5^th day of May, 2003, by Mr. BHARAT JAGDEO, performing functions of the Minister with the responsibility of Broadcasting and in his capacity as President of the Co-operative Republic of Guyana and Mr. ROBERT H. 0. CORBIN, the Leader of the Opposition, in which it was agreed that “there would be a freeze on the granting of all new commercial frequencies for Television and Radio by the National Frequency Management Unit until such time as the new Broadcasting Act comes into effect” provided and conferred upon the Applicants a legitimate expectation that no Licenses and or frequencies will be issued until the new Broadcasting Act comes into effect by the Minister with the responsibility of Broadcasting and by the National Frequency Management Unit;

That I am advised by MR. ROYSDALE A. FORDE, Attorney­at-Law, and verily believe that the grant or issuance of Radio Broadcasting License(s) by Mr. BHARAT JAGDEO, performing functions of the Minister with the responsibility of Broadcasting to:

(ii)      Telcor     & Cultural Broadcasting Inc., in respect of frequencies 89.7, 90.1, 91.5, 104.9, 103.3;

(iii)        NTN Radio, in respect of frequency 89.1;

(iv)        New Guyana Co., Ltd., in respect of frequencies 91.1, 90.7, 90.5, 105.9, 105.3;

(v)         Rudolph Grant in respect of frequency 92.1;

(vi)       Wireless Connections in respect of frequency 93.1;

(vii)     Hits & Jams Entertainment, in respect of frequency 94.1;

(viii)      Alfro Alphonso & Sons Enterprise, in respect of frequency 91.7;

(ix)       Haslyn Graham in respect of frequency 104.3;

(x)                Little Rock Television Station, in respect of frequency 88.5;

Prior to the new Broadcasting Act coming into effect constitutes a breach of the legitimate expectation created in favour of the Applicants by virtue of the said Mr. BHARAT JAGDEO performing functions of the Minister with the responsibility of Broadcasting in his capacity as President and Mr. ROBERT H. 0. CORBIN, the Leader of the Opposition entering into a written document entitled the “Communiqué”.

84. That I am advised by MR. ROYSDALE A. FORDE, Attorney­at-Law, and verily believe that the grant or issuance of Radio Broadcasting Frequency Licenses by the NATIONAL FREQUENCY MANAGEMENT UNIT to:

(i)       Radio Guyana Inc., in respect of frequencies 89.3, 89.5,

(iii)        NTN Radio, in respect of frequency 89.1;

(iv)          New Guyana Co., Ltd., in respect of frequencies 91.1, 90.7, 90.5, 105.9, 105.3;

(v)          Rudolph Grant in respect of frequency 92.1;

(vi)       Wireless Connections in respect of frequency 93.1;

(vii)         Hits & Jams Entertainment, in respect of frequency 94.1;

(viii)      Alfro Alphonso & Sons Enterprise, in respect of frequency 91.7;

(ix)        Haslyn Graham in respect of frequency 104.3;

(x)          Little Rock Television Station, in respect of frequency 88.5;

Prior to the new Broadcasting Act coming into effect constitutes a breach of the legitimate expectation created in favour of the Applicants by virtue of the said Mr. BHARAT JAGDEO performing functions of the Minister with the responsibility of Broadcasting in his capacity as President and Mr. ROBERT H. 0. CORBIN, the Leader of the Opposition entering into a written document entitled the “Communiqué”.

85. That I am advised by MR. ROYSDALE A. FORDE, Attorney­aw, and verily believe that the Minister with the

respo sibility of Broadcasting and the NATIONAL FREQUENCY GEMENT UNIT’s decision to abandon the commitment and hate expectation created in favour of the Applicants without affording the said Applicants of any notice of a change from the terms of commitment expressed and embodied in the aforesaid    Communiqué dated the 5^th day of May, 2013,

Opposition constitutes a breach of the provision of Articles 40, 141, 146, 149, 149A and 149D of the Constitution of the Co-operative Republic of Guyana;

1. That I am advised by MR. ROYSDALE A. FORDE, Attorney­at-Law, and verily believe that the grant of Radio Broadcast License(s) and Radio Broadcast Frequency License(s) by the Minister performing functions of the Minister with the responsibility of Broadcasting and the NATIONAL FREQUENCY MANAGEMENT UNIT in the amount of 5 (Five) each to Radio Guyana Inc., Telcor & Cultural Broadcasting Inc., and New Guyana Co., Ltd., is unreasonable, capricious, an abuse of the exercise of a purported discretion and in breach of Articles 146, 149, 149A and 149D of the Constitution of the Co­operative Republic of Guyana.
2. That I caused a Motion to be filed here in which I sought the following relief:

(a) A Declaration that the grant or issuance of Radio Broadcasting License(s) by Mr. BHARAT JAGDEO, performing functions of the Minister with the responsibility Broadcasting to:

( )     Radio Guyana Inc., in respect of frequencies 89.3,
89.5, 89.7, 106.9, 107.3;

(ii)     Telcor & Cultural Broadcasting Inc., in respect of
frequencies 89.7, 90.1, 91.5, 104.9, 103.3;

(v)          Rudolph Grant in respect of frequency 92.1;

(vi)        Wireless Connections in respect of frequency 93.1;

(vii)  Hits & Jams Entertainment, in respect of frequency 94.1;

(viii) Alfro Alphonso & Sons Enterprise, in respect of frequency 91.7;

(ix)        Haslyn Graham in respect of frequency 104.3;

(x)          Little            Rock Television                 Station,    in respect of frequency 88.5;

Under the Post and Telegraph Act Cap 47:01 was affected by improper considerations and or motivations, done in bad faith, was unreasonable, discriminatory, unconstitutional and of no legal effect;

(b) A Declaration that the grant or issuance of Television Broadcasting License(s) by Mr. BHARAT JAGDEO, performing functions of the Minister with the responsibility of Broadcasting to:

E-NETWORKS INC., in respect of the 2.5 GHz Band; QUARK COMMUNICATIONS INC., in respect of the 2.5 GHz BAND;

the Post and Telegraph Act Cap 47:01 was affected by improper considerations and or motivations, done in bad faith, was unreasonable, discriminatory, unconstitutional and of no legal effect;

(c)     A Declaration that the grant or issuance of Radio

Broadcasting      Frequency Licenses               by NATIONAL
FREQUENCY MANAGEMENT UNIT to:

(i)             Radio Guyana Inc., in respect of frequencies 89.3, 89.5, 89.7, 106.9, 107.3;

(ii)           Telcor & Cultural Broadcasting Inc., in respect of frequencies 89.7, 90.1, 91.5, 104.9, 103.3;

(iii)          NTN Radio, in respect of frequency 89.1;

(iv)          New Guyana Co., Ltd., in respect of frequencies 91.1, 90.7, 90.5, 105.9, 105.3;

(v)           Rudolph Grant in respect of frequency 92.1;

(vi)          Wireless Connections in respect of frequency 93.1;

(vii)   Hits & Jams Entertainment, in respect of frequency 94.1;

(viii)  Alfro Alphonso & Sons Enterprise, in respect of frequency 91.7;

(ix)          Haslyn Graham in respect of frequency 104.3;

(x)            Little           Rock Television                 Station, in respect of frequency 88.5;

er the Post and Telegraph Act Cap 47:01 was affected by i_sm roper considerations and or motivations, done in bad faith,

as unreasonable, discriminatory, unconstitutional and of no

legal effect;

(ii)            QUARK COMMUNICATIONS INC., in respect of the 2.5
GHz BAND;

Under the Post and Telegraph Act Cap 47:01 was affected by improper considerations and or motivations, done in bad faith, was unreasonable, discriminatory, unconstitutional and of no legal effect;

(e) A Declaration that the refusal by Mr. BHARAT JAGDEO, performing functions of the Minister with the responsibility of Broadcasting to consider and determine the application by the Applicant for Licenses to operate a Cable Television Network, Public Radio and Television at the time of the grant of Radio Broadcasting License(s) to Radio Guyana Inc., on frequencies 89.3, 89.5, 89.7, 106.9, 107.3; Telcor & Cultural Broadcasting Inc., on frequencies 89.7, 90.1, 91.5, 104.9, 103.3; NTN Radio on frequency 89.1; New Guyana Co., Ltd., on frequencies 91.1, 90.7, 90.5, 105.9, 105.3; Rudolph Grant on frequency 92.1; Wireless Connections on frequency 93.1; Hits & Jams Entertainment on frequency 94.1; Alfro Alphonso & Sons Enterprise on frequency 91.7; Haslyn Graham on frequency 104.3 and Little Rock Television Station on frequency 88.5 constitutes an improper exercise of discretion conferred on the Minister under the Post and Telegraph Act Cap 47:01, affected by improper considerations and or motivations,

done in bad faith, was                     unreasonable,     discriminatory,
unconstitutional and of no legal effect;

determine the Application by the Applicant for the respective Frequency Licenses to operate a Cable Television Network, Public Radio and Television at the time of the grant of Radio Broadcasting Frequency to Radio Guyana Inc., on frequencies 89.3, 89.5, 89.7, 106.9, 107.3; Telcor & Cultural Broadcasting Inc., on frequencies 89.7, 90.1, 91.5, 104.9, 103.3; NTN Radio on frequency 89.1; New Guyana Co., Ltd., on frequencies 91.1, 90.7, 90.5, 105.9, 105.3; Rudolph Grant on frequency 92.1; Wireless Connections on frequency 93.1; Hits & Jams Entertainment on frequency 94.1; Alfro Alphonso & Sons Enterprise on frequency 91.7; Haslyn Graham on frequency 104.3 and Little Rock Television Station on frequency 88.5 constitutes an improper exercise of discretion conferred on the Minister under the Post and Telegraph Act Cap 47:01, affected by improper considerations and or motivations, done in bad faith, was unreasonable, discriminatory, unconstitutional and of no legal effect;

Declaration that the grant or issuance of Radio roadcasting License(s) to:

(i) Radio Guyana Inc., in respect of frequencies 89.3, 89.5, 89.7, 106.9, 107.3;

(iii)       Telcor & Cultural Broadcasting Inc., in respect of frequencies 89.7, 90.1, 91.5, 104.9, 103.3;

(iv)       NTN Radio, in respect of frequency 89.1;

(v)        New Guyana Co., Ltd., in respect of frequencies 91.1,

(viii)             Hits & Jams Entertainment, in respect of frequency 94.1;

(ix)      Alfro Alphonso & Sons Enterprise, in respect of frequency 91.7;

(x)        Haslyn Graham in respect of frequency 104.3;

(xi)      Little     Rock Television        Station, in respect of frequency 88.5;

Under the Post and Telegraph Act Cap 47:01 by Mr. BHARAT JAGDEO, performing functions of the Minister with the responsibility of Broadcasting was granted and or issued in breach of the First Named Applicant and the Second Named Applicant’s legitimate expectations and constitutional rights;

(h)     A Declaration that the grant or issuance of Television Broadcasting License(s) to:

(i)            E-NETWORKS INC., in respect of the 2.5 GHz Band;

(ii)           QUARK COMMUNICATIONS INC., in respect of the 2.5 GHz BAND;

Under the Post and Telegraph Act Cap 47:01 by Mr. BHARAT

JAGDEO, performing                    functions of the Minister with the
ponsibility of Broadcasting was granted and or issued in of the First Named Applicant and the Second Named n ‘s legitimate expectations and constitutional rights;

A Declaration that the signing of a written document entitled the “Communiqué” on the 5^th day of May, 2003, by Mr. BHARAT JAGDEO, performing functions of the

the Opposition, in which it was agreed that “there would be a freeze on the granting of all new commercial frequencies for Television and Radio by the National Frequency Management Unit until such time as the new Broadcasting Act comes into effect” provided and conferred upon the Applicants a legitimate expectation that no Licenses and or frequencies will be issued until the new Broadcasting Act comes into effect by the Minister with the responsibility of Broadcasting and by the National Frequency Management Unit;

(j)     A Declaration that the grant or issuance of Radio Broadcasting License(s) by Mr. BHARAT JAGDEO,

performing               functions of       the      Minister     with     the
responsibility of Broadcasting to:

(i)             Radio Guyana Inc., in respect of frequencies 89.3, 89.5, 89.7, 106.9, 107.3;

(ii)          Telcor & Cultural Broadcasting Inc., in respect of frequencies 89.7, 90.1, 91.5, 104.9, 103.3;

(iii)          NTN Radio, in respect of frequency 89.1;

(iv)          New Guyana Co., Ltd., in respect of frequencies 91.1, 90.7, 90.5, 105.9, 105.3;

(v)           Rudolph Grant in respect of frequency 92.1;

(vi)          Wireless Connections in respect of frequency 93.1;

(vii)   Hits & Jams Entertainment, in respect of frequency 94.1;

(x)      Little     Rock Television        Station,       in respect of
frequency 88.5;

Prior to the new Broadcasting Act coming into effect constitutes a breach of the legitimate expectation created in favour of the Applicants by virtue of the said Mr. BHARAT JAGDEO performing functions of the Minister with the responsibility of Broadcasting in his capacity as President and Mr. ROBERT H. 0. CORBIN, the Leader of the Opposition entering into a written document entitled the “Communiqué”.

(k)     A Declaration that the grant or issuance of Television Broadcasting License(s) by Mr. BHARAT JAGDEO,

performing      functions of      the      Minister     with      the
responsibility of Broadcasting to:

(i)           E-NETWORKS INC., in respect of the 2.5 GHz Band;

(ii)          QUARK COMMUNICATIONS INC., in respect of the 2.5 GHz BAND;

Prior to the new Broadcasting Act coming into effect

constitutes a breach of the legitimate expectation created in

favour of the Applicants by virtue of the said Mr. BHARAT AGDEO performing functions of the Minister with the ponsibility of Broadcasting in his capacity as President and . ROBERT H. 0. CORBIN, the Leader of the Opposition entering into a written document entitled the “Communiqué”.

(I)    A Declaration that the grant or issuance of Radio