Prime Minister brings private criminal charges against Digicel
Prime Minister Mark Phillips who has responsibility for Guyana’s telecommunications sector pursuant to the Telecommunications Act of 2016, has filed several criminal charges against U-Mobile Cellular Inc., also operating as Digicel Guyana for its unauthorised usage of various spectrums.
Digicel Guyana’s Chief Executive Officer (CEO) Gregory Dean has been summoned to appear at the Georgetown Magistrates’ Courts on Friday, October 22, to answer the charges.
Moreover, Attorney General Anil Nandlall, SC has filed a lawsuit against Digicel in which he is seeking exemplary damages, and damages in favour of the State arising out of the company’s intentional and willful use of the spectrums. The amount sought is not less than $100,000.
The Attorney General is asking the court to grant an order in favour of the State disgorging all revenue and profits earned by Digicel arising out of its unlawful activity. In this regard, the State is seeking a corresponding order that an assessment hearing be held and evidence taken to determine the sum of profits to be awarded to the State.
He is also seeking an injunction restraining the company from transmitting or otherwise accessing the 1800 MHz spectrum other than the portion of that band that was lawfully assigned to it.
Meanwhile, the criminal charges cite the company for failing to comply with directions issued under Regulations 9(4)(b) and 11 of the Telecommunications (Spectrum Management) Regulations 2020, No. 5 of 2020 in breach of Regulation 13 of the Regulations.
The company was previously served on September 23, 2021, with a notice from the Telecommunication Agency, containing a direction to cease within 24 hours of the said notice, the unauthorised usage of spectrum in the 700MHz band. However, the company failed to comply with that direction within the specified period.
It is alleged that Dean between September 25, 2021, and October 01, 2021, at Georgetown, knowingly authorized, permitted, or acquiesced in the company’s failure to comply with directions issued under Regulations 9 (4) (b) and 11 of the Regulations.
It is further alleged that between November 11, 2020, and October 1, 2021, at Georgetown, Digicel made use of spectrum in the 700MHz band without obtaining a frequency authorisation. It is also alleged that Dean, between December 1, 2020, and October 4, 2021, at Georgetown, knowingly authorised, permitted, or acquiesced in the company unauthorised use of Spectrum in the 1800 MHz band in breach of section 67 (b) of the Act.
It is further alleged that between November 11, 2020, and October 1, 2021, in Georgetown, being a licensee under the Act and being required by section 26(1)(c) to comply with the provisions of the Act, Digicel made unauthorized usage of spectrum in the 700MHz band.
Further, another one of the charges states that between June 5, 2021, and October 1, 2021, at Georgetown, Digicel was served with a notice from the Telecommunication Agency, dated May 28, 2021, containing a direction to cease within seven days of the said notice, the unauthorised usage of spectrum in the 700MHz band, but the company failed to comply.
Between October 1, 2021, and October 4, 2021, the company was also served with a notice from the Telecommunication Agency, dated September 23, 2021, containing a direction to cease within seven days of the said notice, the unauthorised usage of spectrum in the 1800MHz band, and the company failing to comply with that direction within the specified seven day period.
