TRR warns of penalties against illegal operators without proper radio licence

Telecommunications and Radiocommunications Regulator (TRR) has warned it will ensure the requirement of the TRR Act 2009 is complied with and will enforce penalties against any person or operators that operate illegally without having a proper radio license.

TRR has issued this warning in a response to Thursday’s front page article on the subject of radio licence charges, in which the entire aviation industry parties say they are opposed in increased charges announced by TRR.

It has issued a statement stressing that all radiocommunications device users are bound by the Telecommunications and Radiocommunications Regulation Act No 30 of 2009 (the TRR Act 2009). The Act requires such device users to apply for and hold a radio license, or exception, prior to installing or operating any radiocommunications device.

Section 12(2) of the TRR Act stipulates says “A person must not install or operate a radiocommunications device in Vanuatu or its territorial waters or airspace, or in any ship or aircraft registered in or under the law of Vanuatu, except: (i). under and in accordance with a licence or exception; or (ii). when such radiocommunications device is registered for use by a foreign registered ship or aircraft for the appropriate class of operation in the country of registration of the ship or aircraft.”

“The object of the TRR Act 2009 is also to manage radio-spectrum and TRR has that duty by law to ensure spectrum is managed wisely as it is a precious resource and there is a high safety and interference risk if it not managed appropriately and responsibly,” the statement says.

With regard to the increase in the license fees, the Office of TRR says it has clarified and explained its position and rationale during a meeting convened between TRR, Civil Aviation Authority of Vanuatu (CAAV) and representatives from the aviation sector in December 2014. The rationale was also published in the Daily Post Issue No. No.4377 and the Independent Issue No. 564.

The TRR Office says prior to enforcing the increase, TRR undertook public consultations with all stakeholders, including the Civil Aviation, on the proposed increase, in 2013 and again in 2014.

“The key facts, among other things supporting the fee increase as previously explained by TRR are that: 1. the earlier fees that applied were right after the country attained its independence, and they have been in the sector for the past 30 years or so – without review or any inflation effect being considered; 2.as a national resource, the value of radio spectrum has increased considerably due to the high increase of wireless technology and changing radiocommunications market dynamics; and 3. a thorough and economic study was undertaken, as well as two rounds of public consultation, including reduction in the final fees to what was proposed in the first consultation, to reach the licence fees that TRR has now prescribed.”

These radio licence fees are now effective and enforceable. TRR will ensure the requirement of the TRR Act 2009 is complied with and will enforce penalties against any person or operators that operate illegally without having a proper radio licence obtain from TRR as required under section 12(2) of the TRR Act 2009 and related regulations.

Further, TRR notes some of the licensees in the aviation industry have already paid their fees, and TRR is thanking those operators for their compliance and the respect shown.

TRR encourages interested readers to read page 5 of this paper which contains a republication of TRR’s Notice in the Daily Post Issue No. No.4377. Further information is available at TRR’s website: www.trr.vu.