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PUBLIC NOTICE

NOTIFICATION OF THE MODIFICATION OF ALL INDIVIDUAL
LICENCES AND FREQUENCY AUTHORISATIONS

 

 Reference is made to the published notification dated xx June, 2019, on the above

subject captioned. All comments received were submitted to the Eastern Caribbean
Telecommunications Authority (ECTEL) for consideration.

The ECTEL Directorate having considered the submission of all stakeholders and in
consideration of ECTEL’s current statutory procedures, the ECTEL Directorate has
advised the following:

1. General Renewal
     – The process remains unchanged, as indicated in the Electronic
Communications (EC) Bill; and
     – The renewal process will be reviewed, as ECTEL wishes to consider all
concerns to make the process more seamless in the future;

2. Transitional Provision
     – The ECTEL Directorate has considered all comments and submissions
received, and therefore the transitional provision has been amended
and will now read:

“157. TRANSITIONAL
(1)      Notwithstanding any other provision in any other law, a person authorised to
operate a telecommunications network, or provide a telecommunications service
or use radio frequencies immediately before the date of entry into force of this Act, may continue to operate an electronic communications network, or provide an electronic communications service or use such radio frequencies for a period of two years after the commencement of this Act, as if they have been granted a licence or frequency authorisation under this Act.

     (2) Within two years of commencement of this Act, the Minister shall, acting on the

recommendation of ECTEL, issue a licence subject to subsection (3) to a person
under subsection (1) who makes a request within 12 months of commencement of
this Act to be licensed.

     (3) A licence issued for the purposes of subsection      (2) shall be subject to new terms
and conditions in accordance with this Act and Regulations made under this Act.”

 

ECTEL is pleased to inform that the final EC Bill has been approved and been submitted to the ECTEL Contracting States for promulgation. ECTEL understands that come Contracting States are planning to promulgate the EC Bill in the coming months, as it has been placed on their respective Parliamentary Schedules as priority.

ECTEL informs that, consequently, once the EC Bill has been promulgated and in force in those Contracting States, new licences will be issued under the Electronic Communications Act. However, should there be a delay for promulgation of the EC Bill in the other Contracting States beyond March 2020, ECTEL will recommend that Individual Licences and Frequency Authorisations be issued under the Telecommunications Act.

During this transitionary period, ECTEL will provide further updates to all service providers and other stakeholders on the development of the legislative reform under EC framework.