GNBA readies to take non-compliant broadcasters to court
Head of the GNBA, Leslie Sobers, confirmed that the broadcasting authority has already retained the services of a top attorney to handle the cases. “At present, we have on record about three defaulting broadcasters,” he said. He said that radio broadcasters have generally been in compliance with the regulations –It’s the cable and television operators that have been in default. “We instructed our lawyers two weeks ago to start preparing the writs to place these defaulting broadcasters before the Court.” During an interview with Kaieteur News, the GNBA Head revealed, too, that as a result of recommendations made by the GNBA to the National Frequency Management Unit, (NFMU) nine frequencies have been seized.
The nine frequencies belonged to three companies; I Radio Guyana, Freedom Radio and Radio Guyana. According to Sobers, the frequencies were all in the secondary zones and were being underutilized. “So the defaulting radio stations willingly gave them up.” The GNBA Head explained, too, that protocol must be followed in revoking the licences of broadcasters. “This process involves the court; we can’t just go in, take away the licence and seize the equipment.”
He said that before taking action the GNBA is required to meet with defaulters. Sobers had previously explained that if it is decided that a fundamental breach was committed against the Broadcasting Act, that broadcaster is summoned for a preliminary interview, where an opportunity is given for the broadcaster to refute or acknowledge the charge brought against his/her station. Further, following that preliminary interview with the Special Investigative Committee, recommendations are made as to whether the broadcaster should be brought before the Hearing Committee or the Board.“If we invite them to meet with the board, we generally try to meet some compromise to give them a chance to get their house in order. However, if they fail to comply with the alternative arrangement, then litigation will ensue.
Once the licences are revoked, then the GNBA informs the frequency management unit or its successor of the development and that authority acts accordingly —seizing control over the frequencies.”
The GNBA functions within the ambit of the broadcasting legislation and holds licenced broadcasters accountable for breaches of the Broadcasting Act especially with regard to the policy as set out by the Act.
The GNBA functions its governing board to issue radio, television and cable licences on the basis of potential broadcasters, having met the requirements for a broadcast licence; and availability of spectrum space. Given its overarching mandate of the GNBA to regulate radio, television and cable operators, the authority had previously announced that it will soon be institutionalizing the concept of citizen monitoring.
GNBA noted that citizens can and do make complaints of infractions by broadcasters. According to GNBA, efforts are being geared towards developing a research department which will survey listenership, quality of programmes, do content analysis, and assess levels of infractions among other things.”GNBA said that though, it is important to note that the authority will specifically target broadcasters, who never had a broadcasting licence and are still on the air; those whose licences have expired and have not renewed their licences but are still broadcasting and those who owe the authority millions of dollars and are refusing or failing to pay. The GNBA noted that these are the broadcasters that will be brought before the court.
Source: kaieteur News
