Radio licence court case … Govt. asks for more time to file defence

Lawyers representing Government and a number of companies that were granted approval for radio and cable licences by outgoing President Bharrat Jagdeo back in 2011, has asked for more time to file its defence.

Chief Justice (ag), Ian Chang, who is hearing the matter, has now set the next court date for November 14, as the case continued yesterday in the High Court.

The legal challenge was filed by the National Media Publishing Company, publisher of Kaieteur News, and the Guyana Media Proprietors Association Limited (GMPA). It named Attorney General, the Minister of Broadcasting, National Frequency Management Unit (NFMU), Guyana National Broadcasting Authority (GNBA) and 12 recipients that were approved for licences by Jagdeo shortly before he ended his term in office in November 2011.
Attorney General Anil Nandlall was in court yesterday.

The applicants for the licences were Radio Guyana Inc- owner of Guyana Times and TVG 28; Telcor and Cultural Broadcasting Inc.; NTN Radio – owner of Channel 69; New Guyana Company Limited-owner of The Mirror newspaper; Rudolph Grant; Wireless Connection; Hits and Jams Entertainment; Alfro Alphonso and Sons; Haslyn Graham and Little Rock Television Station. E-Networks Inc and Quark Communications Inc, two companies approved for cable licences, were also named as the Respondents.

According to court documents signed by Publisher of Kaieteur News, Glenn Lall, and filed by his lawyer, Roysdale Forde, the licences were issued under the old Post and Telegraph Act and were done in bad faith, are discriminatory and not legal.

The media houses and Lall said that the licences breached their legitimate expectations and constitutional rights. It pointed to an agreement dated May 5, 2003 between Jagdeo and former Opposition Leader, Robert Corbin, where it was agreed there would be a freeze on all new commercial frequencies for radio and television until a new Broadcasting Act came into effect.

Jagdeo’s exercise of his discretion to approve new radio, TV and cable operations was abused and unreasonable also.
The media houses asked for court orders to quash the licences.

Regarding the cable TV licences to E-Network and Quark, reportedly owned by Vishok Persaud and Brian Yong respectively, friends of the former President, the media houses also want these to be quashed on the same grounds.

Valmiki Singh, head of the NFMU, is also being asked to produce a statement to the court of all available radio, television and cable frequencies in Guyana

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Lall and GMPA, in asking for the court to issue an order for TV and radio broadcast licences to be granted to them, also want a declaration that the frequency spectrum is a national resource.

They are also asking in excess of $1M for aggravated damages and an unspecified amount for exemplary damages.

In the affidavit supporting the constitutional challenge, Lall said that in December 2008 he applied to Prime Minister Sam Hinds to operate a cable TV network; a radio station and a TV station.

He sent copies to NFMU and on February 26, 2009, received an acknowledgment. The court documents also listed the case of C.N. Sharma who applied for a radio licence but was turned down.
Veteran journalist, Enrico Woolford, of Capitol News, has also filed similar court action back in April.

There has been widespread condemnation from Guyanese and both local and international media associations on circumstances surrounding the granting of the licences by Jagdeo. The timing and the fact that he did not wait on the Broadcast Authority to do its work were also heavily criticised.

Not only was Jagdeo’s best friend, Dr. Ranjisinghi ‘Bobby’ Ramroop, approved for five frequencies but Telcor is linked to sitting Minister of Natural Resources, Robert Persaud, who also was approved for a similar number. New Guyana Company also was approved a similar amount.