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Telecommunication Act – 2001

(Act 2001-36)

FORM 1

APPLICATION FOR A MOBILE TELECOMMUNICATIONS

NETWORK CARRIER LICENCE

(Section 46 of the Telecommunications Act 2001-36)

NOTES:

1. This Application Form must be completed in its entirety and submitted to the Ministry with the prescribed application fee in accordance with the instructions provided below.

2. The Minister may request the applicant to provide additional information not contained in this application form.

3. Applicants are responsible for complying with the application procedures and requirements set forth in the Telecommunications (Public Telecommunications) (Licensing) Regulations, 2003 issued by the Minister.

4. Applicants are responsible for complying with other Government requirements regarding construction and use of the proposed network facilities (e.g. Town and Country Planning legislation).

5. To be eligible for filing an application, applicant must comply with all legal requirements for holding a licence.

6. Applicants providing false or misleading information will be subject to penalties in accordance with section 92 of the Telecommunications Act, 2001-36.

7. A brief description of the proposed network, but not the submitted application, will be made available for public inspection. Information provided in this application will be treated as confidential.

8. Grant of licence is at the discretion of the Minister. Application fees are not refundable.

9. This application is only a licence to construct, operate, and maintain a mobile telecommunications network. A separate application and licence is required for use of spectrum. The applicant must have both licenses before the applicant can operate the cellular network or use the spectrum required to
operate the proposed mobile telecommunications network. The applicant is urged to submit this application and the application for a Spectrum Licence at the same time to expedite the processing.
The application form for a Spectrum Licence may be obtained from the Ministry.

10. Any person seeking to provide a mobile service in Barbados must submit a separate application for a Mobile Service Provider Licence. This application form may be obtained from the Ministry.
11. Persons operating without the required licences are subject to the fines and penalties set out in the Telecommunications Act, 2001-36.

12. Applicants granted a licence by the Minister will be responsible for paying an annual licence fee in
accordance with the Telecommunications (Licence Fees) Regulations, 2003..

13. This form may be used also to modify a pending application for a mobile telecommunications network or for an application to modify an existing Mobile Telecommunications Network Carrier Licence. In such cases, the Ministry should be consulted to determine the appropriate modification fee to be submitted.

General Filing Instructions

1. If this is a request for modification for an application pending or modification of a licence, applicant must consult the Ministry for the appropriate modification fee.

2. To be accepted for filing, applications must be signed by a person authorised by the applicant. By signing, the applicant certifies that the information submitted is true, complete, correct, and made in good faith.

3. The applicant shall submit 2 copies of the application, including supporting documentation and the application fee, to:

The Chief Telecommunications Officer
Telecommunications Unit
Ministry responsible for Telecommunications
Barbados

Instructions for Completion

If this is an application to modify a licence, please attach a copy of the original application submitted and if, requesting a licence modification, also attach the licence granted. Where there is no change in the information requested in the application form, please put “No Change” next to the information requested. Where the information requested is not the same, please indicate the modification being proposed and the nature of the change and the reason for the proposed change.

Part A: Applicant Information

Items 8-11: Contact information should be provided for the person the applicant has designated as the person to whom the Ministry should send correspondence.

Item 18: This item pertains to any other business (not mobile) that the applicant may have operated under or carried on business. Marketing or the conduct of business of any mobile services under other names is addressed in item 26.

Items 19: Applicants must identify a real party (parties) in interest if different from the applicant. If the applicant is the real party in interest, enter the applicant’s name. If not, enter the real party in interest (e.g. a parent or other controlling entity) and any other person with an ownership interest over 10%.

The members of the Caribbean Community or CARICOM are: Antigua and Barbuda, Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, St. Kitts and Nevis, Saint Lucia, St. Vincent and the Grenadines, Suriname, and Trinidad and Tobago.

Part B: System and Service Details
Items 14-20: Briefly describe the proposed network, the types of services (e.g. voice, voice-mail, data, etc.) it can support, and whether analogue or digital. Please note any unique features.

Item 28: For example, state where customers would be able to purchase mobile handsets or other equipment they need for the applicant’s proposed service.

Part C: Basic Qualifications and Information
Items are self-explanatory.

Part D: Financial Information and Qualifications
Items are self-explanatory

Part E. Technical Information
Items are self-explanatory

2. Nationality (if individual)

3. Address of Applicant (registered office or principal place of business)

4. Mailing Address (if different from registered office address)

5. Applicant is a (n)

Individual

Corporation

Unincorporated Association

Partnership

Please indicate whether this is:

a new application

an application to modify an existing licence

an application to renew licnce

6. Telephone No.

7. Facsimile No.

8. “E-mail” address

9. Name of Manager of entity

10. Person in Barbados to be contacted in absence of Manager

Name

Address

Telephone No.

Email Address

11. Facsimile No

12 Indicate whether the applicant is a member of the GSM Association

Yes

13. Indicate

(a) the approximate number. of persons currently or to be employed by applicant:

(b) the number of persons you expect to hire within the next year speicific to the proposed network:

(c) the number of technical persons who are providing the mobile service and the full complement of technical staff to be employed:

PART B: SYSTEMS AND SERVICE DETAILS

14. General description of proposed telecommunications network:

15. Proposed service area coverage:

Indicate whether any of this coverage area is currently unserved by mobile service:

Yes

If Yes, please describe:

16. Indicate proposed network operational date (if operation is to be phased, please indicate phases):

17. Targated customer base and approximate number of customers applicant's network is capable of serving:

Please describe the ability of the applicant's proposed network to expand to erve an increasing number of subscribers and the estimated costs to the applicant of the expansion.

18. Indicate whether the applicant, or any affiliate of the applicant, currently has a Mobile Service Provider Licence.

Yes

If Yes, identify the Licensee and the date issued by the Minister:

Licensee:

Date of issuance:

Indicate

(a) whether the applicant intends to apply for a Mobile Service Provider Licence?

(b) when the applicant expects to submit an application for a Mobile Service Provider Licence?

19. Indicate (a) the name under the applicant proposes to operate the mobile network in Barbados

(b) whether the applicant, or any affiliate of the applicant, operated a mobile telecommunications network or provided mobile telecommunications services to the public in Barbados or in CARICOM countries or in any other country under the proposed name or any other name.

Yes

If Yes, provide

(a) the other name used; and

(b) the countries in which the services were provided under that name

20. Indicate

(a) whether equipment needed by customers for access to a mobile servicee is readily available;

(b) when equipment will be available to customers;

PART D: FINANCIAL INFORMATION AND QUALIFICATIONS

39. Applicant must provide a copy of its most recent annual independently audited financial report as well as the most recent unaudited financial reports. If none is available, applicant must submit an attachment explaining why none is available. In addition, the applicant or an officer of the applicant's organization must attest to the validity of the unaudited financial reports. Where the applicant is a consortium all members of the consortium must supply individual financials.

40. Applicant must submit an explanation of estimated costs of construction, operation and other expenses that the applicant ay realistically incur during the first 5 years of operation under this licence.

41. Applicant must demonstrate that it has the financial resources to construct and operate the network for the first 2 years of operation under this licence and must provide information or verfication of its creditworthiness, available capital, and source of financing including, if applicable, a lender's statement committing to providing a specified sum.

42. Indicate whether the applicant or any affiliates of the applicant has ever been bankrupt or ever been a director of a company that has become bankrupt or insolvent.

Yes

If Yes, please briefly describe the nature of the business activities and where such activity is conducted.

43. Indicate whether the applicant, or any affiliates of the applicant is currently engaged in bankruptcy proceeding

Yes

if Yes, please attach an explanation.

44. Please attach diagram of the corporate structure of the applicant including any parent, affiliate, subsidiary of the applicant and any part of interest in the applicant.

45. Indicate whether any members of the applicant's board of directors also serve on the board of any other entity licensed as a carrier or as a service provider in Barbados. If Yes, please state the name the director(s) and the name of the licensed entity and the licence held by the entity.

46. Please provide the names and addresses of all the members of the applicant's board of directors.

47. Where any member of the applicant's board of directors is currently employed by any Government please state the name of each such director, the country each such director is employed by, and the ministry or government agency, and the nature of the director's work for that government.

48. Applicant must attach a Performance Bond or a Banker's Guarantee issued by a reputable bank that (a) confirms the financial ability of the applicant to conduct business for at least one year, and (b) acts as a Guarantee for a guaranteed sum of th payment of the annual lience fees for a Mobile Service Provider Licence due to th Government for the first 2 years of the applicant's licence.

PART E: TECHNICAL INFORMATION

49. Technical Expertise

Please state the applicant's technical qualifications including the number and types of technical experts the applicant currently employs and whatever these are employees of the applicant or contracted by the applicant.

50. Description of mobile system and design including: (Applicant must provide as Exhibit A):

technology used (TDMA, CDMA, or the future state of the art technology)
euipment used and any equipment designated by the Minister as requiring certification
number of cell sites and number of transmitting antennas
subscriber capacity
channels used at each cell site and measures used to prevent call interference
mobile switching centers
network performance plan
signalling plan
routing plan
overall efficiency of the proposed system
ability of equipment to support number portability
central office codes (NXX) required
description of how the mobile telecomunnications network interconnects with domestic fixed landline network and other networks
percentage of the geographic area of Barbados covered
percentage of the adult population of Barbados covered

51. Station Locations and Antenna Structures. (If additional space is needed please attach as Exhibit B).

Station 1 Information

Call-Sign

Location

Station Address

Latitude in Degrees-Hours-Minute (N/S)

Longitude in Degrees-Hours-Minutes (E/W)

Tower or Building Height (metres)

Antenna Structure Height (overall height above groun level including building/pole/mast, antennae, obstruction lighting etc. to the highest point, in metres)

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Elevation (metres above mean sea level)

Radius of Operation

Station 2 Information

Location

Station Address

Latitude in Degrees-Hours-Minute (N/S)

Longitude in Degrees-Hours-Minutes (E/W)

Tower or Building Height (metres)

Antenna Structure Height (overall height above groun level including building/pole/mast, antennae, obstruction lighting etc. to the highest point, in metres)

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Elevation (metres above mean sea level)

Radius of Operation

Type of structure on which antenna(s) located and owner of structure

Station 3 Information

Call-Sign

Location

Station Address

Latitude in Degrees-Hours-Minutes (N/S)

Longitude in Degrees-Hours-Minutes (E/W)

Tower or Building Height (metres)

Antenna Structure Height (overall, height above ground level including building/pole/mast, antennas, obstruction lighting etc. to the highest point, in metres)

Elevation (metres above mean sea level)

Radius of Operation

Type of structure on which antenna(s) located and owner of structure

52. Radio Equipment Information

Station Name

Manufacturer

Transmitter

Receiver

Model

Transmitter

Receiver

Serial Number

Transmitter

Receiver

Transmitter Power (watts)

Transmitter

Receiver

53. Antenna Information

Manufacturer

Model

Serial Number

Antennae Displacement from Station Location

North Latitude Displacement (m)

East Latitude Displacement (m)

Effective Height

Height above Ground Level

Elevation Angle (degrees)

Beamwidth (3dB)

Radiation Level

54. Coverage Area Map. (Attach as Exhibit C)

Map Showing:

(a) entire geographical service area
(b) by parish, designated areas served and also any unserved areas
(c) cell sites-location of transmitting antennas
(d) mobile telephone switching centers

PART F: DOCUMENTARY EVIDENCE

55. The applicant also must provide the following documents:

(a) Copies of certificate of incorporation or business registration certificate.
(b) Most recent annual audited financial report.
(c) Documentary evidence to demonstrate the financial capability of the company for the first 2 years of operation.
(d) Performance Bond or Bank Guarantee for payment of licence fees for the first two years of the licence.

PART G: CERTIFICATION STATEMENT

The applicant certifies that all statements made in this application and in the exhibits, attachments, or documents incorporated by reference are true, complete, correct and made in good faith.

The applicant agrees to comply with the Telecommunications (Public Telecommunications Licensing) Regulations, 2003 with regard to the application procedures and requirements.

If granted a Licence by the Minister, the applicant agrees to provide the licensed carrier network in accordance with the Telecommunications Act, 2001. The relevant Regulations made under the Act and terms and conditions of the licence.
Licensee must pay an annual licence fee.

The applicant must obtain any other necessary government approvals regarding the construction and use of the proposed network facilities.

If granted a licence by the Minister, applicant must have the capability of shutting down any transmitters in the event of a malfunction.

Typed or printed name of party authorised to sign:

Position:

Signature:

First Name

Last Name

Choose how to sign

Draw Type

I agree to electronically sign and to create a legally binding contract between the other party and myself, or the entity I am authorized to represent.

Government of Barbados

PART B: SYSTEMS AND SERVICE DETAILS

PART C: BASIC QUALIFICATIONS INFORMATION

PART D: FINANCIAL INFORMATION AND QUALIFICATIONS

PART E: TECHNICAL INFORMATION

49. Technical Expertise

PART F: DOCUMENTARY EVIDENCE

PART G: CERTIFICATION STATEMENT