GNBA approves TV licence for former Channel 27 operator

In keeping with a High Court order, the Board of the Guyana National Broadcasting Authority (GNBA), in consultation with the National Frequency Management Unit (NFMU), has approved a television licence application made by the Community Broadcasting Network Inc. This was announcement was made by GNBA in a press release that was issued last evening.

According to the release, the operator, Vidya Narayan-Lewis, had applied for a licence in 1998 and the following year was granted verbal approval to operate. The release said that the operations existed for seven years but in 2007 she was asked to cease transmission and has from that time, “been persistent in her efforts to resume television transmission, but to no avail.”

The release explained that legal action was taken against the previous administration in November, 2014, following the issuance of licences in 2011 by then President Bharrat Jagdeo. The frequency Narayan-Lewis utilised for the seven years (Channel 27- Cable 78), was allocated to the Chinese (CCTV) during the 2011 allocations.

Having examined the case, the High Court has ordered and declared that the applicant is entitled to be issued a broadcasting licence under section 18 (1) of Broadcasting release said.

It was the acting Chief Justice Ian Chang who had made the order in NarayanLewis’ favour, having concluded that she was entitled to be issued with a broadcasting licence. This decision was handed down in October last year.

Upon hearing counsel for Narayan-Lewis and with there being no appearance by or for the respondents –the GNBA and the Attorney General – Justice Chang “ordered and declared that the applicant is, and was at all material times entitled to the fundamental rights and freedoms set out in Article 40 of the Constitution.”

Justice Chang added further that it is “ordered and declared the applicant is entitled to be issued a broadcasting licence pursuant to section 18 (1) (e) of the Broadcasting Act, 2011.”

Section 18 (1) (e), which deals with functions of the GNBA, states that it the Act, 2011 the shall “suspend or revoke any license provided the licensee is given a reasonable opportunity of making representations unless this is impracticable.”

The GNBA said in its statement that current Board of the GNBA has examined the operator’s application and has determined that it satisfies all the necessary requirements to obtain a television licence.

The NFMU, it was stated, has also expressed no objection to a frequency being assigned to the Community Broadcasting Network Inc.

In an affidavit supporting her motion, NarayanLewis had said that in a letter dated December 5, 2007, she was ordered by the then Managing Director of the NFMU, Valmikki Singh, to cease, with immediate effect, all operation/transmissions on Channel 27/Cable 78, and she complied.

She added that she commenced operations of the television broadcasting facility located at Kuru Kuru, Linden-Soesdyke Highway in February of 2000.

The applicant explained that she applied in 1998 for a broadcasting licence, and permission was granted by “Mr. Grudge,” the then NFMU Director, to import the television broadcasting equipment, together with the allocation of Cable 78/Channel 27. The station was known for broadcasting religious programming.

Narayan-Lewis said in July, 2001, she was required, as an existing broadcaster, to submit a new application for licence. According to her, a decision on that application was never communicated to her and she continued broadcasting on the assigned frequency until she received the cease order from Singh. The same frequencies were later used by the China Central Television (CCTV) station, when it began broadcasting.

According to NarayanLewis, in January of 2008, she wrote to Jagdeo, making an appeal to him against the decision of the NFMU but she never received a response.

The applicant said she then again applied in 2012, under the new Broadcasting Act, and she then received a letter, dated November 8, 2012, from Secretary (ag) Violet Boyal, indicating that her application was acknowledged and that the board was addressing licensing under the new law and, thereafter, new applicants would be addressed. Narayan-Lewis complained that she heard nothing further from Boyal. This, she argued, was even though she would have submitted all necessary documentation required for her application.

Narayan-Lewis said in a letter, dated November 7, 2014, counsel for the GNBA then requested an update on the status of her application, to which she responded in a letter, dated November 14, 2014.