LICENSING

ICT Licensing

Although Information & Communications Technology Act makes no distinction between telephony and other types of ICT Networks and Services such as sound or television broadcasting, the Office recognises that, at present, several practical differences remain. For example, when applying for a licence, the information required of telephony providers includes detailed data on their planned networks. This information is not appropriate to broadcasters, but the latter must provide additional details on the programming format and their target audience. Accordingly, different application forms have been designed for telephony networks and service providers, which are available in this section of our site.

From a policy and regulatory perspective, however, all ICT Licensees are treated identically. The exception was that Cable & Wireless (Cayman Islands) Ltd as the incumbent is subject to more stringent regulatory requirements defined in its licence.

Compliance issues may arise on some levels and in a variety of areas. For instance, individuals and business entities are prohibited from engaging in ICT activities unless appropriately licensed. The sanctions for engaging in ICT activities without a licence can involve a fine of up to fifty thousand dollars and imprisonment for five years.

Compliance issues can also arise if a licensee breaches any conditions of its licence or contravenes the Information & Communications Technology Act or the regulations promulgated under the Act. In such instances, the remedies vary from the imposition of a fine and/or imprisonment as well as suspension or revocation of the licence.

Although annual Fixed Licences issued for such matters as amateur radio stations, aircraft and ship radio stations and land (mobile) two-way radios may not have specific conditions contained in their licences, Licensees are nonetheless required to comply with the Information & Communications Technology Act and applicable regulations such as the Interference and Equipment Standardisation Regulations and the Amateur Radio Regulations.

OfReg takes compliance issues very seriously and the role it has to play in that regard with respect to broadcasting, telephony and fixed licensees. Accordingly, anyone unsure whether they may be involved in non-compliance should communicate with the Office for the appropriate discussion and ruling.