ENFORCEMENT PRACTICES SANCTIONS
Judith Smith
Deputy Executive Director
Seminar on Enforcing Telecommunications Law
Policy & Regulations
8 March 2005
Geneva, Switzerland
SETTING THE STAGE
v
PUBLIC UTILITIES COMMISSION ACT, 1993
v
TELECOMMUNICATION ACT, 1999
–
–
v
telecommunications
radiocommunications
TELECOMMUNICATIONS SECTOR POLICY
–
–
JULY 2001
OCTOBER 2002
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SANCTIONS
v
Administrative
– applicable to Licensees only
– public censure
– fine not exceeding B$300,000.00
– revocation
– enforce any remedy under the licence
SANCTIONS
v
CRIMINAL
–
–
–
–
Applicable to Licensees
Applicable to non-licensee
Summary conviction
Fines absolute - $10,000 or $300,000
2
ENFORCEMENT PRACTICES
v
ADMINISTRATIVE SANCTIONS
- 3 actions
- amicable resolution - Memorandum of
Understanding
ENFORCEMENT PRACTICES
v
CRIMINAL SANCTIONS
- none to date
- police assistance
- dominant operator initiating own prosecution
3
CONCLUSION
v ADMINISTRATIVE
- determining when a person has established, a
telecommunications system
- requirement for natural justice allows Licensee
to benefit monetarily and through public opinion
CONCLUSION
v CRIMINAL
- limited resources available for enforcement
- technological difficulties
- fines should have a range
4
CONCLUSION
v LEGISLATIVE/POLICY
- constraints in governing documents
- VOIP restriction
- Prosecutorial authority???
Thank you
comments can be sent to
jsmith@pucbahamas.gov.bs
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