Telecommunication Act – 2001

(Act 2001-36)

FORM 12

Important Information

1. This is an application form for Sellers and Dealers who import, sell, hire, offer or possess for sale prescribed telecommunications equipment.

Guidelines to Application for Telecommunication

Sellers and Dealer’s Licences

1.  Introduction

1.1 This document contains general information and guidelines for interested parties to apply for telecommunication Sellers and Dealer’s licence.

1.2 Importers, retailers, manufacturers intending to manufacture, import, sell, deal radio telecommunication equipment may apply for the Sellers and Dealer’s Licence.  One of the requirements is that it must be a company incorporated or a business registered with the Corporate Affairs and Intellectual Property Office (CAIPO).

1.3 There are two types of Telecommunication Sellers and Dealer’s Licence; namely

1. Telecommunication Sellers and Dealer’s Individual Licence; and
2. Telecommunication Sellers and Dealer’s Class Licence.

2. Definition

2.1 “Dealer”  means a person who manufactures, imports, sells, hires, offers or possess for sale, hire or hire-purchase any equipment which is capable for being used for the purpose of telecommunication, and includes his employees.

2.2 “sales” includes every transaction of or the nature of barter of exchange, every transaction of hire or hire-purchase and every transaction by which goods are pawned for hypothecated or as a result of which the ownership of or an interest in goods is or may be transferred or created.

2.3 “Telecommunication Sellers and Dealer’s Licence”  means a Sellers and Dealer’s Class Licence granted under the Telecommunications Act 2001-36.

2.4 “telecommunication equipment “ means any appliance, apparatus or accessory used or intended to be used for telecommunication.

2.5 “specified equipment” means any telecommunication equipment approved, used or intended to be used for telecommunication.

2.6 “Act” means the Telecommunications Act 2001-36.

2.7 “CAIPO” means Corporate Affairs and Intellectual Property Office.

3. Scope of Licence

3.1 Sellers and Dealer’s Licence

(a) No person, other than a holder of a Sellers and Dealer’s Individual Licence granted by the Ministry, shall import, hire, sell, or offer of possess for sale, any telecommunication equipment other than type-approved equipment or telecommunication equipment.

(b) A holder of a Sellers and Dealer’s Individual Licence shall not sell prohibited telecommunication equipment.

(c) A Seller and Dealer shall obtain a Dealer’s Individual Licence for each of the premises under his control or occupation at which he imports, hires, sells, offers or possesses for sale any telecommunication equipment.

3.2. Sellers and Dealer’s Class Licence

(a) A Seller and Dealer who imports, hires, sells or offers or possesses for sale any specified equipment or telecommunication equipment set out in Appendix 3 ($1,200 for sales more than $2,000, $600 for sales less than $2,000) shall be deemed to have been granted a Sellers and Dealer’s Class Licence for that purpose.

4.  Licence Fees/Duration of Licence

1. The Licence fee for a Dealer’s Individual Licence as detailed in 3.2.
2. The Licence fee for a Sellers and Dealer’s Class Licence is $100 for 5 years.

5.  Compliance with Regulatory Framework

5.1 The licensee shall ensure that his employees comply with the provisions of sections 56, 57 and 58 of the Act.

5.2 The licensee shall comply with any directions and notifications which the Ministry may, from time to time, issue.

6. Application Procedure

6.1 Applicants who wish to apply for the licence can apply to the Ministry for an application form and submit their completed application form together with the following documents by post to:

                Chief Telecommunications Officer

                Telecommunications Unit

                Ministry Responsible for Telecommunications

                Barbados, W.I.

6.2 The additional documents to be submitted are as follows:

6.2.1 A Photostat copy of the Corporate Registration Certificate for CAIPO.

6.2.2 A cheque for the Licence fee.

7.  Appendices

7.1 Telecommunication equipment under the General Approval Scheme (set out in Appendix 1)

7.2 Telecommunication equipment which are prohibited from import (set out in Appendix 2)

7.3 Prescribed Radio and Telecommunications Apparatus as per Section 56(1) of the Telecommunications Act 2001-36.  (Set out in Appendix 3).

Details of Prescribed Telecommunication Equipment

(Please use attachments if space provided is insufficient)

*If you sell prescribed equipment, you would be deemed to have a Sellers and Dealer’s Class Licence under the Act.

The applicant also must provide the following documents: