Dear Editor,
I have decided, with some reluctance to enter the controversy which has arisen over the allocation of radio frequencies, especially as there is pending litigation concerning the granting of licences initiated by Mr Enrico Woolford. In my opinion, the wider public interest dictates my decision to write this letter.
I must, at the outset, refer to the report of the press conference on this issue hosted by the Private Sector Commission and reported in the press. In particular, I refer to the statement attributed to Mr Kit Nascimento concerning the regulations made in 2003 pursuant to the Post and Telegraph Act, Cap 47:01 which enabled the establishment of the former Broadcasting Authority as an advisory body to the Prime Minister (the Minister then responsible for broadcasting). Mr Nascimento and I were engaged then on a consultancy authorized by the Prime Minister.
The result of the consultancy was the making of regulations pursuant to the Post and Telephone Act enabling the establishment of the former Broadcasting Authority as an advisory body on the granting of radio frequencies. Ministerial responsibility for the Broadcasting Authority later visited in the President in the absence of an assignment to any other Minister.
With the enactment and entry into force of the Broadcasting Act 2011, the Broadcasting Authority became the statutory body authorized to receive applications for the grant of radio frequencies and to grant or reject applications for licences. It is important to note that the Broadcasting Act 2011 does not include a saving or transitional provision which would have had the effect of preserving the continuation in force of the licences granted previously under the Post and Telegraph Act.
The Broadcasting Act 2011 clearly, therefore, requires those individuals and entities granted licences previously under the Post and Telegraph Act who desire to continue in the business of providing broadcasting services to the public to submit the requisite application to the Broadcasting Authority for consideration and approval as required by section of the Broadcasting Act 2011.
Yours faithfully,
Brynmor T I Pollard, SC
