Latest update December 3rd, 2023 12:59 AM
Dec 16, 2012 Letters
Dear Editor,
Apparently there is still some confusion regarding the situation of the Ramroop radio License and a letter from Harry Gill in today’s newspaper confirms my suspicion that there is still some misconceptions, despite my recent letter stating that among equals Ramroop is the first in line.
Ramroop is not my friend; he is Jagdeo’s friend, and at this time we are in court since I am claiming that he repudiated the contract we had and I want compensation for breach of contract. As time progresses the facts of this matter will become better known, but the matter is set for hearing on 18thJanuary, and so I will not say much more about it.
In 1993 Vieira Communications Limited which was the name of my company and which is the name that appears on my license on file with the office of the Prime Minister applied for a radio license.
The National Frequency Management Unit [NFMU] did not even afford me the courtesy of a response from 1993 to 2001. So in 2001 after the Privy Council’s 2000landmark ruling declaring that the denial of the Antigua government to grant a radio license to Observer Publications was unconstitutional and violated their free speech rights I decided to do what the Observer people did, i.e. to launch a constitutional claim in our courts and at the same time to put an FM broadcast on the air.
The Observer case was very straightforward; they applied for a license to broadcast a radio signal, the Antigua government refused, so Observer put the radio station on the air and claimed in the Antigua courts that their constitutional rights to free speech were violated.
The police seized the equipment and the matter ended up in the Antigua court and two years later, in an unprecedented decision, the Privy Council, from the bench in England, granted the license and in addition they gave permission to operate it as a business and directed that the government of Antigua should pay all costs including any damage to the equipment removed from the place of installation of the Observer transmitter.
As a result of this ruling I commenced an FM broadcast in Guyana in 2001 to challenge the unconstitutionality of the monopoly of government radio and the NFMU illegally entered my premises and removed the equipment with around 10 police officers and representatives of the ministry of Home affairs.
Vieira communications Limited was the licensee not Tony Vieira as is wrongly claimed by Mr. Harry Gill, therefore the company’s shares were transferred with all of the rights and privileges that they held to Ramroop. If the license was in my personal name I doubt whether I could have sold the television station and up to today the license should be in the name of Vieira Communications Limited since if it is not, then Ramroop would have given up all of the rights and privileges that Vieira Communications Limited held as the station which pioneered television broadcasting in Guyana, applied to the NFMU for a radio license and got the Appeal Court to instruct the NFMU to grant them that radio license, but if the name on the broadcast license was changed and not just the sign on the TV screen used as station ID, then it is my belief that in allowing it to happen the government would have broken their own laws as usual, since no new licenses were to be issued until the Broadcast Authority was formed and if Ramroop gave up the name Vieira Communications Limited on his license, he lost his position of privilege since he would be the most recent licensee not the first.
And since the appeal court awarded a radio license to Vieira Communications limited I doubt whether it could be legally transferred to Ramroop’s company and the new broadcast authority when formed should look into the matter, I am assuming that the opposition would do the right thing and remove this political and ridiculous authority which Jagdeo has placed in this country which could never be impartial. I do hold one opinion on this matter and I would like to see it enshrined in our laws. If a person wants to sell his broadcasting facility since the spectrum is a limited natural resource, he could sell all of his equipment to anyone but he cannot transfer the license to use the national spectrum to just anyone who can pay him.
The broadcast authority should issue the new license to the buyer after screening them to ensure that they meet the criteria for being a broadcaster according to our laws and it should in fact be a new license.
I have already asked members of parliament to ask the question of who holds the Ramroop license today, since if the station is still licensed to broadcast in the name VCL, then Ramroop holds the right to have the first license for radio. If, however, he did not, then he gave up that right and should join the line at the rear since he would have lost his place as the first among equals.
These people who are doing so well in this country due to their obtaining huge concessions from Jagdeo cannot think and thrive in a society governed by the rule of law, and I sincerely hope that this license still bears the name Vieira Communications Limited. And I urge the opposition to find out.
Tony Vieira
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