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Telecommunication Act – 2001

(Act 2001-36)

APPLICATION FOR TELECOMMUNICATIONS SPECTRUM LICENCE

 

NOTES

1. To obtain a licence to provide one of the following services over a wireless network, 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:

  • Mobile Radio Telecommunication Service
  • Commercial Trunked Radio Communication Service
  • Fixed Wireless Broadband Multimedia Service
  • Mobile Broadband Multimedia Service
  • Public Radio Paging Service
  • Wireless Domestic Data Service
  • General Radio Communication Services

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

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

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

5. A brief description of the facilities that would operate on the licensed spectrum, but not the submitted application, will be made applicable for public inspection.  Information provided in this application will be treated as confidential.

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

7. This application is only for a licence to operate on particular frequencies.  A separate application and licence is required for the construction, operation, and maintenance of a wireless network. The applicant must have both licences before the applicant can operate the network or use the licensed spectrum.  The applicant is urged to submit this application and the application for a Network Licence at the same time to expedite processing.

8. Any person seeking to provide a commercial wireless service in Barbados must submit the appropriate application for a Service Provider Licence.  This application form may be obtained from the Ministry responsible for Telecommunications.

9. Persons operating without the required licences are subject to the fines and penalties set out in the Telecommunications Act 2001-36.

10. Applicants granted a licence by the Minister will be responsible for paying an annual licence fee in accordance with the Schedule of Licence Fees available from the Ministry.

11. This form may be used to seek modification of an existing Spectrum Licence.

 

Instructions for Completion

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.

 

PART B:   Frequencies Requested and Proposed Operations

Items 14:  Provide a description of the type(s) of facilities and operations that will be employed on the spectrum requested to be licensed.

Items 15:   Identify the frequencies for which the applicant seeks to be licensed.

 

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

 

 

PART A: APPLICANT INFORMATION

5. Applicant is a

Please indicate whether this is

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

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

13. Indicate

PART B: FREQUENCIES REQUESTED AND PROPOSED OPERATIONS

16. Indicate whether the applicant, or any affiliate of the applicant, currently has a Spectrum Licence

Date of Issuance

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17. Indicate (a) whether the applicant intends to apply for a Service Provider licence

(b) whether the applicant intends to apply for a Network Licence

PART C: BASIC QUALIFICATIONS INFORMATION

18.   (1)  Indicate whether the applicant, or any affiliate of the applicant,

(a) has ever applied for a Spectrum Licence in Barbados;

(b) has ever been refused such licence or a licence renewal;

(c) has ever had such licence suspended or revoked.

19. Indicate whether the applicant, or any affiliate of the applicant currently holds a Spectrum Licence in Barbados.

21. Indicate whether the applicant, or any affiliate of the applicant currently holds any licences or authorisations to operate Spectrum Licences in other countries

If yes, attach an explanation.

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23. (1) Indicate whether the applicant, or any affiliate of the applicant for a spectrum licence or any licence or authorization for a telecommunications service or network in any Caribbean country.

(2) Where the answer to (a) or (b) is “Yes”, please attach an explanation.

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25. (1) Indicate whether the applicant, or any affiliate of the applicant has ever been convicted of an arrestable offence

(2) If Yes, please attach an explanation

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26. (1) Indicate whether any officer or member of the applicant’s managerial staff has ever been convicted of an arrestable offence

(2) If Yes, please attach an explanation

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27. Indicate whether the applicant, or any of the applicant’s officers and managerial staff are currently the subject of a charge or indictment under the law of any country (excluding non-arrestable offences)

28. Indicate whether the applicant, or any affiliate of the applicant, have any shareholdings over 10% in any other Licensed Service Provider, Licensed Carrier, or Licensed Spectrum User in Barbados

29. Indicate whether the applicant, or any affiliate of the applicant, have any shareholdings over 10% in any licensed telecommunications provider in any CARICOM Member State.

30. Indicate whether the applicant, or any affiliate of the applicant, is engaged in the manufacturing of any telecommunications equipment.

If yes, please attach an explanation

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31. Indicate whether the applicant has any business activities outside the telecommunication market

PART D: FINANCIAL INFORMATION AND QUALIFICATIONS

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.

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33. Has the applicant, or an affiliate of the applicant ever been bankrupt or ever been a director of a company that has become bankrupt or insolvent?

If Yes, please attach an explanation and a certified copy of the discharge.

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34. Please attach a diagram of the corporate structure of the applicant including any parent, affiliate, subsidiary of the applicant and any party of interest in the applicant.

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35. Do any members of the applicant’s board of directors also serve on the board of any other entity licensed as a spectrum user in Barbados?

38. Applicant must upload a Performance Bond or Banker’s guarantee issued by a reputable bank that acts as a guarantee for a guaranteed sum of the payment of the annual licence fees for a Spectrum Licence due to the Government for the first two (2) years of the applicant’s licence.

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PART E: TECHNICAL INFORMATION

40. Proposed Spectrum Usage

Applicant must provide (as Exhibit A) a description of the use to which the requested spectrum will be put.  This       description must include:

  • type of operation using licensed spectrum (e.g. commercial GSM network, paging, internal dispatch, etc.)
  • technology used
  • equipment used and equipment designated by the Minister as requiring certification
  • number of transmitting sites and transmitting antennas
  • subscriber capacity (if applicable)
  • if spectrum will be  used to interconnect with domestic fixed landline network or networks, a description of that interconnection
  • preferred spectrum allocation
  • bandwidth required

Exhibit A - Upload File(s)

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41. Spectrum Efficiency and Frequency Coordination

Applicant must provide (as Exhibit B) a description of the methods, if any, that it will employ to ensure that the licensed spectrum is efficiently used (e.g., spectrum-efficient equipment to be used, frequency reuse plans, etc.)

This exhibit must also include a description of any frequency coordination efforts that have been undertaken or will be required in order to minimize the amount of interference that will be caused by applicant’s operations on the licensed spectrum.

Exhibit B - Upload File(s)

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PART F: DOCUMENTARY EVIDENCE

The applicant also must provide the following documents:

(1) Copies of certificate of Incorporation and/or Business Registration Certificate.

(2) Most recent annual audited financial report.

(3) Documentary evidence to demonstrate the financial capability of the company for the first 2 years of operation.

(4) Performance Bond or Bank Guarantee for payment of licence fees for the first two years of the licence.

Documentary Evidence - Upload File(s)

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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 and Telecommunications (Spectrum Management and Licensing) Regulations with regard to the application procedures and requirements.

If granted a Licence by the Minister, the applicant agrees to operate the licensed spectrum network in accordance with the Telecommunications Act, Regulations, and terms and conditions of the licence. Licensee must pay an annual licence fee in accordance with the Telecommunications (Licence Fees) Regulations, 2003 Licence Fees issued by the Minister.

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

If granted a licence by the Minister, applicant agrees to maintain the capability to shut down operation of any transmitters upon direction of the Ministry or in the event of a malfunction.

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