L.R.O. 1/2012
LAWS OF GUYANA
TELECOMMUNICATIONS ACT
CHAPTER 47:02
Act
27 of 1990
Amended by
20 of
2008
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 94 ... 1/2012
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Index
of
Subsidiary Legislation
Page
Guyana Telephone and Telegraph Company (Designation as Public
Telecommunications System
93
(O. 83/ 1990)
Telecommunications Regulations 93
(Reg. 6/2003)

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CHAPTER 47:02
TELECOMMUNICATIONS ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title and application.
2. Interpretation.
3. Director of Telecommunications.
4. Exercise of functions by the Minister and Director.
PART II
PROVISION OF TELECOMMUNICATION SERVICES
Licensing etc. of Telecommunication Systems
5. Prohibition on running unlicensed systems.
6. Exceptions to section 5.
7. Power to license telecommunication systems.
8. Special provisions applicable to certain licences.
9. Public telecommunication system.
9A. Certain licensees to obtain and store records of SIM cards and
mobile cellular phones.
9B. Time limit for updating records and storing data by licensee.
9C. Storage of registration.
9D. Evidence of technical expert.
Telecommunications Code
10. Establishment of Telecommunications Code.
11. Provisions supplementary to section 10.
Modification of Licences
12. Modification of licence conditions.

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SECTION
Enforcement of Licences
13. Securing compliance with licence conditions.
14. Procedural requirements.
15. Revocation of licence.
16. Validity and effect of orders.
17. Register of licences and orders.
Approvals, etc. for the Purposes of Licences
18. Approval of contractors.
19. Register of approved contractors.
20. Approval, etc. of apparatus.
21. Register of approved apparatus, etc.
22. Approval, etc. of meters.
23. Delegation of functions under sections 20 and 22.
24. Grants and loans to persons exercising certain functions.
25. Recognition of bodies representing consumers, etc.
Marking etc. of Telecommunication Apparatus
26. Information, etc. to be marked on or to accompany telecommunication
apparatus.
27. Information, etc. to be given in advertisements.
28. Enforcement provisions.
Acquisition, etc. of Land by Public Telecommunications Operators
29. Compulsory acquisition of land.
30. Acquisition of land by agreement.
31. Application of certain provisions of Post and Telegraph Act.
Offences
32. Fraudulent use of telecommunication system.
33. Improper use of public telecommunication system.
33A. Punishment for non-compliance with Act.
34. Modification, etc. of messages.
35. Interception and disclosure of messages, etc.
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SECTION
36. Assaults, etc. on persons engaged in the business of public
telecommunications operator.
PART III
OTHER FUNCTIONS OF DIRECTOR
37. General functions.
38. Publication of information and advice.
39. Investigation of complaints.
40. Co-ordination of functions under Part II and wireless telegraphy
functions.
41. Power to give assistance in relation to certain proceedings.
42. Power to require information, etc.
43. Power to establish advisory bodies.
44. Annual and other reports.
PART IV
PROVISION OF CABLE PROGRAMME SERVICES
45. Cable programme services.
46. Prohibition of unlicensed cable programme services.
47. Power to license cable programme services.
48. Entry and search of premises.
PART V
MISCELLANEOUS AND SUPPLEMENTAL
Miscellaneous
49. Grants to promote interests of disabled persons.
50. Directions in the interests of national security, etc.
51. Prohibitions and restrictions applying to lessees with respect to
telecommunications.
52. Use of certain conduits for telecommunication purposes.
Supplemental
53. General restrictions on disclosure of information.
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SECTION
54. Orders and schemes.
55. Interpretation in respect of certain matters.
56. Application to territorial waters, continental shelf, etc.
57-58. Omitted.
59. Exclusion of application of Post and Telegraph Act.
60. Omitted.
61. Power to make regulations.
__________________________
CHAPTER 47:02
TELECOMMUNICATIONS ACT
_
27 of 1990 An Act to make provision for the regulation of the
providing of certain telecommunication services and
for matters connected therewith.
[1ST OCTOBER, 1990]

Short title and
application.

Interpretation.

PART I
PRELIMINARY
1. (1) This Act may be cited as the
Telecommunications Act.
(2) This Act shall not apply in relation to radio or
television broadcasting services, not being cable programme
services, provided by any broadcasting agency.
2. (1) In this Act –
“act”, in relation to any person, includes any omission to do
an act which he is under a duty to do and “done” shall be
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c. 47:01
construed accordingly;
“appointed day” means the date on which this Act comes into
operation;
“broadcasting agency” means a person licensed under the
Post and Telegraph Act or any other written law to
broadcast programmes for general reception;
“business” includes a trade, profession or employment and
includes any such activity carried on by a body of
persons, whether corporate or unincorporate;
“Code” means the Telecommunications Code established
under section 10;
“commercial activities connected with telecommunications”
means any of the following, that is to say, the provision
of telecommunication services, the supply or export of
telecommunication apparatus and the production or
acquisition of such apparatus for supply or export;
“contravention” –
(a) in relation to a final or
provisional order, includes any
failure to comply with it;
(b) in relation to any condition of a
licence, includes any failure to
comply with that condition;
“Court” means the High Court;
“Director” means the Director of Telecommunications
referred to in section 3;
“directory information service” means a service consisting in
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the provision, by means of a telecommunication system,
of directory information for the purpose of facilitating the
use of a service falling within the definition of
“telecommunication system” and provided by means of
that system;
“disabled person” means any person who is blind, deaf or
dumb or who is substantially and permanently
handicapped by illness, injury, congenital deformity or
any other disability;
“final order” means an order under section 13, other than a
provisional order;
“international transit service” means a telecommunication
service consisting in the conveyance of sounds, visual
images or signals which have been conveyed from, and
are to be conveyed to, places outside Guyana;
“licensee” means a person to whom a licence has been
granted under this Act and such licence has not expired
or has not been suspended or revoked;
“modification” includes addition, alteration and omission;
“provisional order” means an order under section 13 which, if
not previously confirmed under that section shall cease
to have effect at the end of such period (not exceeding
three months) as is determined by or under the order;
“public telecommunication operator” means a person
authorised by a licence to which section 8 applies to run a
public telecommunication system;
“public telecommunications system” means a
telecommunication system the running of which is
authorised by a licence to which section 8 applies and
designated as such by the Minister under section 9;
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“station for wireless telegraphy” includes the wireless
telegraphy apparatus of a vessel or aircraft;
“telecommunication apparatus” means apparatus constructed
or adapted for use –
(a) in transmitting or receiving
anything falling within
paragraphs (a) to (d) of the
definition of “telecommuni-
cation system”, which is to be
or has been conveyed by means
of a telecommunication system;
or
(b) in conveying, for the purposes
of such a system, anything
falling within paragraphs (a) to
(d) of the definition of
“telecommunication system”;
“telecommunication service” means any of the following, that
is to say –
(a) a service consisting in the
conveyance by means of a
telecommunication system of
anything falling within
paragraphs (a) to (d) of the
definition of “telecommuni-
cation system”;
(b) a directory information service;
(c) a service consisting in the
installation, maintenance,
adjustment, repair, alteration,
moving, removal or
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replacement of apparatus
which is or is to be connected to
a telecommunication system;
“telecommunication system” means a system for the
conveyance, through the agency of electric, magnetic,
electro-magnetic, electro-chemical or electro-mechanical
energy, of –
(a) speech, music and other
sounds;
(b) visual images;
(c) signals serving for the
impartation (whether as
between persons and persons,
things and things or persons
and things) of any matter
otherwise than in the form of
sounds or visual images; or
(d) signals serving for the actuation
or control of machinery or
apparatus;
“vessel” means a vessel of any description used in navigation;
“wireless telegraphy” means the emitting or receiving, over
paths which are not provided by any material substance
constructed or arranged for that purpose, of electro-
magnetic energy, being energy which either –
(a) serves for the conveying of
messages, sound or visual
images (whether the messages,
sound or images are actually
received by any person or not),
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or for the actuation or control of
machinery or apparatus; or
(b) is used in connection with the
determination of position,
bearing, or distance, or for the
gaining of information as to the
presence, absence, position or
motion of any object or of any
objects of any class,
and references to stations for wireless telegraphy and
apparatus for wireless telegraphy or wireless telegraphy
apparatus shall be construed as references to stations and
apparatus for the emitting or receiving as aforesaid of such
electro-magnetic energy as aforesaid:
Provided that where –
(a) a station or apparatus for
wireless telegraphy cannot
lawfully be used without a
wireless telegraphy licence or
could not lawfully be used
without such a licence but for
the provisions of any written
law;
(b) any such electro-magnetic
energy as aforesaid, which is
received by that station or
apparatus, serves for the
conveying of messages, sound
or visual images; and
(c) any apparatus is electrically
coupled with that station or
apparatus for the purpose of
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enabling any person to receive
any of the said messages, sound
or visual images,
the apparatus so coupled shall itself be deemed for the
purposes of this Act to be apparatus for wireless telegraphy.
(2) For the purposes of this Act any
telecommunication apparatus which is situated in Guyana
and –
(a) is connected to but not comprised in a
telecommunication system; or
(b) is connected to and comprised in a
telecommunication system which
extends beyond Guyana, shall be
regarded as a telecommunication
system and any person who controls
the apparatus shall be regarded as
running the system.

(3) Subject to subsection (5), a telecommunication
system shall be deemed to be connected to any other
telecommunication system for the purposes of this Act if it is
being used, or is installed or connected for use, in conveying
anything falling within paragraphs (a) to (d) of the definition
of “telecommunication system” which is to be or has been
conveyed by means of that other system.
(4) Subject to subsection (5), any apparatus shall be
deemed to be connected to a telecommunication system for
the purposes of this Act if it is being used, or is installed or
connected for use –
(a) in transmitting or receiving anything
falling within paragraphs (a) to (d) of
the definition of “telecommunication
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Director of
Telecommuni-
cations.

Exercise of
functions by
the Minister
and Director.
system” which is to be or has been
conveyed by means of that system; or
(b) in conveying, for the purposes of that
system, anything falling within
paragraphs (a) to (d) of the definition
of “telecommunication system”,
and references in this subsection to anything falling within
paragraphs (a) to (d) of the definition of “telecommunication
system” shall include references to energy of any kind
mentioned in that subsection.
(5) The connection to a telecommunication system
of any other telecommunication system or any apparatus
shall not be regarded as a connection for the purposes of this
Act if that other telecommunication system or that apparatus
would not be connected but for its connection to another
telecommunication system.
(6) In this section, except in the definition of
“telecommunication system”, “convey” includes transmit,
switch and receive.
3. (1) There shall be a Director of
Telecommunications, whose office shall be a public office.
(2) The Director shall be provided with such staff
as may be required for the performance of his functions under
this Act.

(3) The Director shall have and exercise the
functions conferred on him by this Act.
4. (1) The Minister and the Director shall each exercise
the functions conferred on him by this Act in the manner best
calculated –

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(a) to secure that there are provided
throughout Guyana, save in so far as
the provision thereof is impracticable
or not reasonably practicable, such
telephone and telegraph services as
satisfy all reasonable demands for
them including, in particular,
emergency services, public call box
services, directory information
services, maritime services and
services in rural areas; and
(b) without prejudice to the generality of
paragraph (a), to secure that any
person by whom any such services
fall to be provided is able to finance
the provision of all those services.
(2) Subject to subsection (1), the Minister and the
Director shall each have a duty to exercise the functions
conferred on him in the manner which he considers is best
calculated –
(a) to promote the interests of consumers,
purchasers and other users in Guyana
(including, in particular, those who
are disabled or of pensionable age)
in respect of the prices charged for,
and the quality and variety of,
telecommunication services provided
and telecommunication apparatus
supplied;
(b) subject to any monopoly or exclusive
rights or licences granted by the
Minister to any person under this Act,
to maintain and promote effective
competition between persons
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engaged in commercial activities
connected with telecommunications
in Guyana;
(c) to promote efficiency and economy on
the part of persons engaged in
commercial activities connected with
telecommunications in Guyana;
(d) to promote research into and the
development and use of new
techniques by persons referred to in
paragraph (c);
(e) to encourage major users of
telecommunication services whose
places of business are outside Guyana
to establish places of business in
Guyana;
(f) to promote the provision of
competitive international transit
services by persons providing
telecommunication services in
Guyana;
(g) to enable persons providing
telecommunications services in
Guyana to compete effectively in the
provision of such services outside
Guyana; and
(h) to enable persons producing
telecommunication apparatus in
Guyana to compete effectively in the
supply of such apparatus both in and
outside Guyana.

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Prohibition on
running
unlicensed
system.
(3) Subsections (1) and (2) shall not apply in
relation to anything done by the Minister in the interests of
national security or relations with the government of a
country or territory outside Guyana, and subsection (2) shall
not apply in relation to anything done in the exercise of
functions assigned by section 10 (8) or (11) or 41.
(4) Nothing in this Act shall be deemed to confer
on the Minister or the Director any functions relating to the
licensing of any person to broadcast programmes for general
reception.
PART II
PROVISION OF TELECOMMUNICATION SERVICES
Licensing, etc. Of telecommunication systems
5. (1) Subject to the provisions of this section and
section 6, a person who runs a telecommunication system
within Guyana shall be guilty of an offence unless he is
authorised to run the system by a licence granted under
section 7.
(2) Subject to the provisions of this section, a
person who runs within Guyana a telecommunication system
which he is authorised to run by a licence granted under
section 7 shall be guilty of an offence if –
(a) there is connected to the system –
(i) any other telecommunication
system; or
(ii) any apparatus,
which is not authorised by the licence
to be so connected; or

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(b) there are provided by means of the
system any telecommunication
services which are not authorised by
the licence to be so provided.
(3) A person guilty of an offence under this section
shall be liable –
(a) on summary conviction, to a fine of
fifteen thousand dollars;
(b) on conviction on indictment, to a fine
of thirty thousand dollars and
imprisonment for one year.
(4) Where the commission by any person of an
offence under this section is due to the act or default of some
other person, that other person shall also be guilty of the same
offence and punishable accordingly; and a person may be
charged with and convicted of the offence by virtue of this
subsection whether or not proceedings are taken against the
first- mentioned person.
(5) In any proceedings for an offence under this
section it shall, subject to subsection (6), be a defence for the
person charged to prove that he took all reasonable steps and
exercised all due diligence to avoid committing the offence.
(6) Where the defence provided by subsection (5)
involves an allegation that the commission of the offence was
due to the act or default of another person, the person
charged shall not, without leave of the court, be entitled to
rely on that defence unless, within a period ending seven
clear days before the hearing, he has served on the prosecutor
a notice in writing giving such information identifying or
assisting in the identification of that other person as was then
in his possession.

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Exceptions to
section 5.
(7) No proceedings shall be instituted in respect of
an offence under this section except by or on behalf of the
Director.
6. (1) Section 5(1) is not contravened by the running
by a broadcasting agency of a telecommunication system in
the case of which every conveyance made by it is either-
(a) a transmission, by wireless
telegraphy, from a transmitting
station for general reception of
sounds, visual images or such signals
as are mentioned in paragraph (c) of
the definition of “telecommunication
system” in section 2; or
(b) conveyance within a single set of
premises of sounds, visual images or
such signals which are to be or have
been so transmitted.
(2) Section 5(1) is not contravened by-
(a) the running of a telecommunication
system in the case of which the only
agency involved in the conveyance of
things thereby conveyed is light and
the things thereby conveyed are so
conveyed as to be capable of being
received or perceived by the eye and
without more;
(b) the running by a person of a
telecommunication system which is
not connected to another
telecommunication system and in the
case of which all the apparatus
comprised therein is situated either—
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(i) on a single set of premises in
single occupation; or
(ii) in a vehicle, vessel, aircraft or
hovercraft or in two or more
vehicles, vessels, aircraft or
hovercraft mechanically
coupled together; or
(c) the running by a single individual of a
telecommunication system which is
not connected to another
telecommunication system and in the
case of which –
(i) all the apparatus comprised
therein is under his control; and
(ii) everything conveyed by it that
falls within paragraphs (a) to
(d) of the definition of
“telecommunication system” in
section 2 is conveyed solely for
domestic purposes of his, and
references in paragraphs (b)
and (c) to another
telecommunication system do
not include references to such a
system as is mentioned in
subsection (1) (whether run by
a broadcasting agency or by
any other person).
(3) In the case of a business carried on by a person,
section 5(1) is not contravened by the running, for the
purposes of that business, of a telecommunication system
which is not connected to another telecommunication system
and with respect to which the conditions specified in
subsection (4) are satisfied.
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(4) The conditions referred to in subsection (3) are
–
(a) that no person except the person
carrying on the business is concerned
in the control of the apparatus
comprised in the system;
(b) that nothing falling within paragraphs
“telecommunication system” in
section 2 is conveyed by the system
by way of rendering a service to
another;
(c) that, in so far as sounds or visual
images are conveyed by the system,
they are not conveyed for the purpose
of their being heard or seen by
persons other than the person
carrying on the business or any
employees of his engaged in the
conduct thereof;
(d) that in so far as such signals as are
mentioned in paragraph (c) in the
definition of “telecommunication
system” in section 2 are conveyed by
the system, they are not conveyed for
the purpose of imparting matter
otherwise than to the person carrying
on the business, any employee of his
engaged in the conduct thereof or
things used in the course of the
business and controlled by him; and
(e) that, in so far as such signals as are
mentioned in paragraph (d) of the
definition of “telecommunication
(a) to (d) of the definition of
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Power to
license
telecommuni-
cation systems.
system” in section 2 are conveyed by
the system, they are not conveyed for
the purpose of actuating or
controlling machinery or apparatus
used otherwise than in the course of
the business.
7. (1) A licence may be granted-
(a) by the Minister after consultation with
the Director; or
(b) with the consent of, or in accordance
with a general authorisation given by
the Minister, by the Director, for the
running of any such
telecommunication system as is
specified in the licence or is of a
description so specified.
(2) A licence granted under this section shall be in
writing and, unless previously revoked in accordance with
any term in that behalf contained in the licence, shall continue
in force for such period as may be specified in or determined
by or under the licence.
(3) A licence granted under this section may be
granted either to all persons, to persons of a class or to a
particular person.
(4) A licence granted under this section may be an
exclusive licence in respect of the telecommunication system
specified or described therein and may allow the licensee to
operate throughout Guyana or such part of Guyana as may be
specified therein.
(5) A licence granted under this section may
authorise –
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(a) the connection to any
telecommunication system to which
the licence relates of-
(i) any other telecommunication
system specified in the licence
or of a description so specified;
and
(ii) any apparatus so specified or of
a description so specified; and
(b) the provision by means of any
telecommunication system to which
the licence relates of any
telecommunication services specified
in the licence or of a description so
specified.
(6) A licence granted under this section may
include –
(a) such conditions (whether relating to
the running of a telecommunication
system to which the licence relates or
otherwise) as appear to the Minister
or the Director to be requisite or
expedient having regard to the
functions imposed on him by section
4;
(b) conditions requiring the rendering to
the Minister of a payment on the
grant of the licence or payments
during the currency of the licence or
both of such amount or amounts as
may be determined by or under the
licence; and

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(c) conditions requiring any person who
is authorised by the licence to run a
telecommunication system to furnish
to the Director, in such manner and at
such times as he may reasonably
require, such documents, accounts,
estimates, returns or other
information as he may require for the
purpose of exercising the functions
assigned or transferred to him by or
under this Act.
(7) Without prejudice to the generality of
subsection (6)(a), conditions included by virtue of that
provision in a licence granted under this section to a
particular person may require that person –
(a) to comply with any direction given by
the Director as to such matters as are
specified in the licence or are of a
description so specified;
(b) except in so far as the Director
consents to his doing or not doing
them, not to do or to do such things as
are specified in the licence or are of a
description so specified; and
(c) to refer for determination by the
Director such questions arising under
the licence as are specified in the
licence or are of a description so
specified.
(8) A licence granted under this section otherwise
than to a particular person shall be published in such manner
as the Minister or the Director considers appropriate for
bringing it to the attention of the persons for whose benefit it
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Special
provisions
applicable to
certain licences.
will ensure.
(9) A copy of every licence granted under this
section by the Minister shall be sent to the Director.
(10) Neither the requirement to consult with the
Director imposed by subsection (1) (a) nor section 8(5) shall
apply to the granting by the Minister of a licence or licences
which require to be granted in pursuance of any agreement
entered into between the Government and any person.
(11) Where a licence granted under this section to a
particular person includes a provision requiring that person
to run any telecommunication system to which the licence
relates through the agency of some other person, that other
person, as well as the first-mentioned person, shall be taken
for the purposes of this section and the following provisions
of this Act to be authorised by that licence to run that system.
8. (1) This section applies to any licence granted under
section 7 to a particular person which includes conditions
requiring that person—
(a) to provide such telecommunication
services as are specified in the licence
or are of a description so specified;
(b) to connect to any telecommunication
system to which the licence relates, or
permit the connection to any such
system of, such other
telecommunication systems and such
apparatus as are specified in the
licence or are of a description so
specified;
(c) to permit the provision by means of
any telecommunication system to
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which the licence relates of such
services as are specified in the licence
or are of a description so specified;
(d) not to show undue preference to, or to
exercise undue discrimination
against, particular person or persons
of any class or description (including,
in particular, persons in rural areas)
as respects any service provided,
connection made or permission given
in pursuance of such conditions as are
mentioned in the foregoing
paragraphs (whether in respect of the
charges or other terms or conditions
applied or otherwise); and
(e) to publish, in such manner and at
such times as are specified in the
licence, a notice specifying, or
specifying the method that is to be
adopted for determining, the charges
and other terms and conditions that
are to be applicable to such services so
provided, such connections so made
and such permissions so given as are
specified in the licence or are of a
description so specified.
(2) Where a licence granted under section 7 to a
particular person includes a condition requiring that person
to provide such directory information services to which this
subsection applies as are specified in the licence or are of a
description so specified, subsection (1) shall have effect as if
the conditions there mentioned included a condition
requiring that person to provide without charge for
subscribers who are blind or otherwise disabled such
directory information services to which this subsection
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applies as are appropriate to meet the needs of those
subscribers and are specified in the licence or are of a
description so specified.
(3) Subsection (2) applies to any directory
information service which is provided for the purpose of
facilitating the use of a voice telephony service and in that
subsection “blind or otherwise disabled” means so blind or
otherwise disabled as to be unable to use a telephone
directory.
(4) It is immaterial for the purpose of subsections
(1) and (2) whether the person to whom the licence is granted
is required to refer for determination by the Director such
questions arising under the conditions mentioned in those
subsections as are specified in the licence or are of a
description so specified.
(5) Before granting a licence to which this section
applies, the Minister or the Director shall give notice –
(a) stating that he proposes to grant the
licence and setting out its effect;
(b) stating the reasons why he proposes
to grant the licence; and
(c) specifying the time (not being less
than twenty-eight days from the date
of publication of the notice) within
which representations or objections
with respect to the proposed licence
may be made,

and shall consider any representations or objections which are
duly made and not withdrawn.
(6) A notice under subsection (5) shall be given by
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Public
telecommuni-
cation system.

Certain
licensees to
obtain and
store records of
SIM cards and
mobile cellular
phones.
[20 of 2008]
publication in such manner as the Minister or the Director
considers appropriate for bringing the matters to which the
notice relates to the attention of persons likely to be affected
by them.
(7) Subsections (5) and (6) shall not apply to the
grant of a licence to the Guyana Telecommunication
Corporation or to any corporate body to which the business
and undertaking of the Guyana Telecommunication
Corporation is transferred.
9. The Minister may by order, which shall be subject
to negative resolution of the National Assembly, designate as
a public telecommunication system any telecommunication
system, the running of which is authorised by a licence,
granted under section 7, to which section 8 applies.
9A. (1) A licensee of a telecommunication system
having license to provide a mobile cellular phone service shall
not –
(a) activate or reactivate a SIM card; or
(b) allow the use of any mobile cellular
phone,
on its telecommunication system unless the particulars of the
sim card or mobile cellular phone are recorded and stored in
the manner provided for in subsection (2).
(2) A licensee referred to in subsection (1) shall,
subject to subsection (4) at its own cost, implement a process
to record and store and shall record and store for a period of
five years –
(a) the mobile subscriber integrated
service digital network number
(MSISDN Number ) or any equivalent
identification number of the SIM card
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that is to be activated or reactivated;
(b) the international mobile equipment
identity number (IMEI Number ) of
the mobile cellular phone that is to be
used;
(c) the full name, age, national identity
number (if any) or passport number (
if any) and residential, business and
postal address of the person who
requests that a SIM card be activated,
or re-activated or that a mobile
cellular phone be allowed to be used
with a SIM card:
Provided that the Minister may
determine or may by regulations
provide an alternative to any of the
specified requirements; and
(d) details of transactions of persons
calling and persons receiving calls
and the time and duration of calls.
(3) For the purposes of subsection (2)(c), a licensee
shall –
(a) verify the full name and identity of
the person with reference to his
identification documents; and
(b) require the person to furnish attested
copies of documents in which his
addresses are identified to the
satisfaction of the licensee.
(4) A licensee shall ensure that –

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(a) the process contemplated in
subsection (2);
(b) the information recorded and stored
in terms of subsection (2) and
(c) the facility in or on which the
information is recorded and stored,
are secure and only accessible to persons specifically
designated or authorised by that licensee and to the Police
request.
(5) A dealer of SIM cards or mobile cellular phones
who sells or in any other manner transfers a SIM card or
mobile cellular phone to any person shall –
(a) attain from such person his self-
attested passport size photograph and
a document in the form as approved
by the Minister stating his –
(i) full name and age;
(ii) national identity number or
passport number or any other
sufficient proof of identity and
(iii) residential, business and postal
addresses;
(b) by referring to such person’s
identification document, verify the
person’s photograph, full names and
national identity number or passport
number (if any);
(c) retain the information referred to in
paragraph (a) for a period of five
years and;
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Time limit for
updating
records and
storing data by
licensee.
[ 20 of 2008]
(d) notify the telecommunication service
provider of –
(i) his whole name and national
identity number or other
sufficient particulars of
identity;
(ii) the date on which the mobile
cellular phone or SIM card was
handed over to the other
person;
(iii) the particulars of the mobile
cellular phone or SIM card; and
(iv) the particulars set out in
paragraph (a).
(6) Any customer in lawful possession of any SIM
card or mobile cellular phone who sells or in any other
manner transfers a SIM card or mobile cellular phone to a
person other than a member of his family residing with him
shall also comply with the provisions of subsection (5).
(7) A licensee shall on receipt of the information
provided in terms of subsection (5) (d) or subsection (6)
record and store or update the information already recorded
and stored in terms of subsection (2).
9B. (1) A licensee who provides a mobile cellular
phone service shall within twelve months from the 28th day of
December 2008, record and store the particulars of all SIM
cards and mobile cellular phones that are used on its
telecommunications system if such particulars have not
already been recorded and stored in terms of section 9A.
(2) A licensee who provides a mobile cellular phone
service shall not allow service continuation other than
allowing network access to emergency cells, customer care
calls and calls for the purpose of compliance with subsection
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Storage of
registration
data.
[20 of 2008]

Evidence
of a technical
expert.

Establishment
of
Telecommuni-
cations Code.
(1), in respect of any SIM card or mobile cellular phone of
which the particulars are not recorded and stored at the
expiry of the twelve-month period referred to in subsection
(1) unless there is due compliance with that subsection.
9C. A licensee who provides a mobile cellular phone
service shall store the particulars of registration including any
other data required to be stored under this Act and the data
shall remain available when required by a person designated
by the Minister or by the Police.
9D. Evidence given by a technical expert of a licensee
in a court of law shall be heard in camera to protect the
identity of the technical expert.
Telecommunications Code
10. (1) The Minister may by order establish a code to
be known as the Telecommunications Code dealing with the
rights and obligations of a licensee and the rights and
disabilities of other persons who may be affected by the
exercise of any rights in respect of any works of the licensee.
(2) Without prejudice to the generality of the
provisions of subsection (1), the Code may, in particular,
make provision for all or any of the following matters –
(a) the rights of a licensee to execute
works on land owned, possessed or
occupied by another person, or to
keep telecommunication apparatus
installed on, under or over such land,
or to enter such land to inspect any
apparatus kept so installed;
(b) the rights of the owner, lessee or
occupier of any land referred to in
paragraph (a);
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(c) the terms and conditions (including
payment of compensation) relating to
the exercise of the rights referred to in
paragraphs (a) and (b) and the
authority and the procedure to
decide the same where the persons
concerned fail to arrive at an
agreement relating to the exercise of
any of such rights;
(d) the rights of a subscriber or potential
subscriber in relation to the exercise
by a licensee, or any person who is the
owner, lessee or occupier of any land,
of any rights referred to in the
preceding paragraphs;
(e) the rights of a licensee to install or
keep, or inspect, maintain, adjust or
repair, telecommunication apparatus
over, along, across or under streets,
or execute requisite or incidental
works in respect thereof, including for
those purposes-
(i) breaking up or opening a street;
(ii) tunnelling or boring under a
street; and
(iii) breaking up or opening a
sewer, drain or tunnel;
(f) the rights of the licensee over tidal
waters;
(g) the rights of a licensee in respect of
the use of a conduit in the possession
or control of any other person or
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authority;
(h) the rights of a licensee in respect of
the lopping of trees overhanging any
street;
(i) the rights of any person proposing to
execute or executing any works which
involve a temporary or permanent
alteration of any telecommunication
apparatus kept installed on, over or
under any land for the purpose of the
licensee’s system;
(j) the application of the Code to any
existing telecommunication system or
telecommunication services;
(k) all other matters incidental to, or
connected with, any matter referred
to in this section.
(3) References in subsection (2) to the rights of any
person shall be construed as including references to
obligations related to, or arising from or in respect of, the
exercise of those rights.
(4) An order under subsection (1) shall be subject
to negative resolution of the National Assembly.
(5) Subject to the following subsection of this
section, the Code shall have effect –
(a) where it is applied to a particular
person by a licence granted by the
Minister under section 7 authorising
that person to run a
telecommunication system; and
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(b) where a Minister is running or is
proposing to run a telecommunication
system,
in the same manner as if the Code were a part of this Act.
(6) The Code shall not be applied to a person
authorised by a licence under section 7 to run a
telecommunication system unless –
(a) that licence is a licence to which
section 8 applies; or
(b) it appears to the Minister-
(i) that the running of the system
will benefit the public; and
(ii) that it is not practicable for the
system to be run without the
application of the Code to that
person.
(7) The Minister may apply the Code to any person
by a licence in relation to the whole of Guyana or in relation
to any part or locality of Guyana.
(8) Where the Code is applied to any person by a
licence under section 7 it shall have effect subject to such
exceptions and conditions as may be included in the licence
for the purpose of qualifying the rights exercisable by that
person by virtue of the Code.
(9) Without prejudice to the generality of
subsection (8), the exceptions and conditions therein
mentioned shall include such exceptions and conditions as
appear to the Minister to be requisite or expedient for the
purpose of securing –
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(a) that the physical environment is
protected and, in particular, that the
natural beauty and amenity of the
countryside is conserved;
(b) that there is no greater damage to
streets or interference with traffic than
is reasonably necessary; or
(c) that funds are available for meeting
any liabilities which may arise from
the exercise of rights conferred by or
in accordance with the Code,
and any condition falling within this subsection may impose
on the person to whom the Code is applied a requirement to
comply with directions given in a manner specified in the
condition and by a person so specified or of a description so
specified.
(10) A licence under section 7 which applies the
Code to any person in relation to any part or locality of
Guyana shall include a condition requiring that person to
cause copies of –
(a) the exceptions and conditions subject
to which the Code has effect as so
applied; and
(b) every direction given in a manner
specified in any such condition by a
person so specified or of a description
so specified,
to be open for inspection by members of the public free of
charge at such premises in that part or locality as are specified
in the licence or are of a description so specified.
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Provisions
supplementary
to section 10.
(11) Where the Minister has granted a licence
under section 7 which applies the Code to a particular person
in relation to any part or locality of Guyana, he may-
(a) with the consent of that person; or
(b) if it appears to him requisite or
expedient to do so for the purpose
mentioned in subsection (9),
modify the exceptions and conditions subject to which the
Code has effect as so applied.
11. (1) In any case where it appears to the Minister
that it is expedient for transitional provisions to be made, in
connection with the Code ceasing to apply to any person by
reason of the expiry, suspension or revocation of a person’s
licence granted under section 7, the Minister may, by order,
make such transitional provisions as he thinks fit.
(2) Without prejudice to the generality of
subsection (1), the transitional provisions made under that
subsection may –
(a) impose obligations, on a person to
whom the Code has ceased to apply
as mentioned in subsection (1), to
remove anything installed in
pursuance of any right conferred by
or in accordance with the Code, to
restore land to its condition before
anything was done in pursuance of
any such right or to pay the expenses
of any such removal or restoration;
(b) provide for those obligations to be
enforceable in such manner
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Modification of
licence
conditions.
(otherwise than by criminal penalties)
and by such persons as may be
specified in the order;
(c) authorise the retention of apparatus
on any land pending the grant of a
licence under section 7 authorising the
running by any person of a
telecommunication system for the
purposes of which that apparatus
may be used; and
(d) provide for the purposes of any
provision contained in the aforesaid
order by virtue of paragraph (a), (b)
or (c) for such questions arising under
the order as are specified in the order,
or are of a description so specified, to
be referred to, and determined by, the
Director.
Modification of Licences
12. (1) Subject to the following provisions of this
section, the Director may modify the conditions of a licence
granted under section 7.
(2) Before making any modifications in the
conditions of a licence under this section, the Director shall
give notice –
(a) stating that he proposes to make the
modifications and setting out their
effect;
(b) stating the reasons why he proposes
to make the modifications; and
(c) specifying the time (not being less
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than twenty-eight days from the date
of the publication of the notice) within
which representations or objections
with respect to the proposed
modifications may be made,
and shall consider any representations or objections, which
are duly made and not withdrawn, by or on behalf of the
licensee or any other person likely to be affected by the
modifications.
(3) A notice under subsection (2) shall be given by
publication in such manner as the Director considers
appropriate for the purposes of bringing the matters to which
the notice relates to the attention of persons likely to be
affected by them and, in the case of a licence granted to a
particular person, by sending a copy of the notice to that
person.
(4) The Director shall also send a copy of any
notice under subsection (2) to the Minister; and if, within the
time specified in the notice, the Minister directs the Director
not to make any modification, the Director shall comply with
the direction.
(5) The Minister shall not give a direction under
subsection (4) unless it appears to him to be requisite or
expedient to do so in the interests of national security or
relations with the government of a country or territory
outside Guyana.
(6) References in this section to modifications of
the conditions of a licence do not include references to
modifications of conditions relating to the application of the
Code.

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L.R.O. 1/2012
Securing
compliance
with licence
conditions.
Enforcement of Licenses
13. (1) Subject to subsections (2) and (5) and section
14, where the Director is satisfied that a person who is
authorised by a licence granted under section 7 to run a
telecommunication system (in this Act referred to as a
“telecommunications operator”) is contravening, or has
contravened and is likely again to contravene, any of the
provisions of this Act or the conditions of his licence, the
Director shall by a final order make such provision as is
requisite for the purpose of securing compliance with that
provision or condition.
(2) Subject to subsection (5), where it appears to
the Director –
(a) that a telecommunications operator is
contravening, or has contravened and
is likely again to contravene, any of
the provisions of this Act or the
conditions of his licence; and
(b) that it is requisite that a provisional
order be made,
the Director shall (instead of taking steps towards the making
of a final order) by a provisional order make such provision
as appears to him requisite for the purpose of securing
compliance with that provision or condition.
(3) In determining for the purposes of subsection
(2)(b) whether it is requisite that a provisional order be made,
the Director shall have regard, in particular, to the extent to
which any person is likely to sustain loss or damage in
consequence of anything which in contravention of the
relevant provision or condition is likely to be done, or omitted
to be done, before a final order may be made.
(4) Subject to subsection (5) and section 14, the
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40 Cap. 47:02 Telecommunication
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Director shall confirm a provisional order with or without
modifications if –
(a) he is satisfied that the
telecommunications operator is
contravening, or has contravened and
is likely to contravene, any of the
provisions of this Act or the
conditions of his licence; and
(b) the provision made by the order (with
any modifications) is requisite for the
purpose of securing compliance with
the provision or condition.
(5) The duties imposed by subsections (1) to (4)
shall not apply where the Director gives notice that he is
satisfied –
(a) that the duties imposed on him by
section 4 preclude the making of a
final or provisional order or, as the
case may be, the confirmation of the
provisional order; or
(b) that the contraventions or
apprehended contraventions are of a
trivial nature,
and a notice under this subsection shall be given by
publication in such manner as the Director considers
appropriate for the purpose of bringing the matters to which
the notice relates to the attention of persons likely to be
affected by them and by sending a copy of the notice to the
telecommunications operator.
(6) Subject to subsection (7)(c), a provisional order
shall, unless previously confirmed under this section, cease to
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Procedural
requirements.
have effect at the end of such period (not exceeding three
months) as is determined by or under the order.
(7) A final or provisional order –
(a) shall require the telecommunications
operator (according to the
circumstances of the case) to do, or
not to do, such things as are specified
in the order or are of a description so
specified;
(b) shall take effect at such time, being
the earliest practicable time, as is
determined by or under the order;
and
(c) may be revoked at any time by the
Director.
(8) References in this section to conditions of a
licence do not include references to conditions relating to the
application of the Code.
14. (1) Before making a final order or confirming a
provisional order, the Director shall give notice as provided
in subsection (5) –
(a) stating that he proposes to make or
confirm the order and setting out its
effect;
(b) stating the relevant provision of this
Act or the condition of the licence and
the acts or omissions which, in his
opinion, constitute or would
constitute contravention of it; and

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42 Cap. 47:02 Telecommunication
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(c) specifying the time (not being less
than twenty-eight days from the date
of publication of the notice) within
which representations or objections to
the proposed order or confirmation of
the order may be made,
and shall consider any representations or objections which are
duly made and not withdrawn.
(2) The Director shall not make a final order, or
confirm a provisional order, with modifications except with
the consent of the telecommunications operator or after
complying with the requirements of subsection (3).
(3) The requirements referred to in subsection (2)
are that the Director shall –
(a) give to the telecommunications
operator such notice, as appears to
him requisite, of his proposal to make
or confirm the order with
modifications;
(b) specify the time (not being less than
twenty-eight days from the date of
the service of the notice) within which
representations or objections to the
proposed modifications may be made;
and
(c) consider any representations or
objections which are duly made and
not withdrawn.
(4) Before revoking a final order or a provisional
order which has been confirmed, the Director shall give notice
as provided in subsection (5) –
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Revocation of
licence.
(a) stating that he proposes to revoke the
order and setting out its effect; and
(b) specifying the time (not being less
than twenty-eight days from the date
of publication of the notice) within
which representations or objections to
the proposed revocation may be
made,
and shall consider any representations or objections which are
duly made and not withdrawn.
(5) A notice under subsection (1) or (4) shall be
given by publication in such manner as the Director considers
appropriate for the purpose of bringing the matters to which
the notice relates to the attention of persons likely to be
affected by them and by sending a copy of the notice to the
telecommunications operator.
(6) As soon as practicable after a final order is
made or a provisional order is made or confirmed, the
Director shall –
(a) publish the order in such manner as
he considers appropriate for the
purpose of bringing the order to the
attention of persons likely to be
affected by it; and
(b) serve a copy of the order on the
telecommunications operator.
15. Where a telecommunications operator refuses or
fails to comply with a final order, the licence granted to him
under section 7 may be revoked by the Director by order
served on the telecommunications operator:

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Validity and
effect of orders.
Provided that no licence may be revoked under this
section unless the Director has given the telecommunications
operator a reasonable opportunity of being heard.
16. (1) If a telecommunications operator is aggrieved
by a final or provisional order under section 13 or an order
revoking a licence under section 15 and desires to question its
validity on the ground that the making or confirmation of it
was not within the powers of section 13 or 15 or that any of
the requirements of section 14 or 15 have not been complied
with in relation to it, he may within forty-two days from the
date of service on him of a copy of the order make an
application to the Court under this section.
(2) On any such application the Court may, if
satisfied that the making or confirmation of the order was not
within those powers or that the interests of the
telecommunications operator have been substantially
prejudiced by a failure to comply with those requirements,
quash the order or any provision of the order.
(3) Except as provided by this section, the validity
of a final or provisional order under section 13 or an order
under section 15 revoking a licence shall not be questioned by
any legal proceedings whatever.
(4) No criminal proceedings shall, by virtue of the
making of a final order or the making or confirmation of a
provisional order, or an order revoking a licence, lie against
any person on the ground that he has committed, or aided,
abetted, counselled or procured the commission of, or
conspired or attempted to commit, or incited others to
commit, any contravention of the order.

(5) The obligation to comply with a final or
provisional order is a duty owed to any person who may be
affected by a contravention of it.

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Register of
licences and
orders.
(6) Where a duty is owed by virtue of subsection
(5) to any person –
(a) any breach of the duty which causes
that person to sustain loss or damage;
and
(b) any act which, by inducing a breach
of that duty or interfering with its
performance, causes that person to
sustain loss or damage and which is
done wholly or partly for the purpose
of achieving that result,
shall be actionable at the suit or instance of that person.
(7) In any proceedings brought against any person
in pursuance of subsection (6)(a), it shall be a defence for him
to prove that he took all reasonable steps and exercised all
due diligence to avoid contravening the order.
(8) Without prejudice to any right which any
person may have by virtue of subsection (6)(a) to bring civil
proceedings in respect of any contravention or apprehended
contravention of a final or provisional order, compliance with
any such order shall be enforceable by civil proceedings by
the Director for an injunction or for any other appropriate
relief.
17. (1) The Director shall keep a register of licences
granted under section 7, and final provisional orders and
orders revoking licences, at such premises and in such form
as he may determine.
(2) Subject to any direction given under subsection
(3), the Director shall cause to be entered in the register the
provisions of –

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Approval of
contractors.
(a) every licence granted under section 7
and every modification or revocation
of, and every direction or consent
given or determination made under,
such a licence; and
(b) every final or provisional order, every
revocation of such an order, every
notice under section 13(5) and the
revocation under section 15 of every
licence.
(3) If it appears to the Minister that the entry of any
provision in the register would be against the public interest
or the commercial interests of any person, he may direct the
Director not to enter that provision in the register.
(4) The register shall be open to public inspection
during such hours, and subject to payment of such fee, as
may be prescribed by the Minister by regulations.
(5) Any person may, on payment of such fee as
may be prescribed by the Minister by regulations, require the
Director to supply to him a copy of or extract from any part of
the register, certified by the Director to be a true copy or
extract.

Approvals, etc. for the Purposes of Licences
18. (1) Where a licence granted under section 7
includes provisions which are framed by reference to the
carrying out of relevant operations by persons for the time
being approved under this section, then, for the purposes of
those provisions, persons may be approved under this
section in relation to such operations –
(a) by the Minister; or

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(b) with the consent of, or in accordance
with a general authorisation given by,
the Minister, by the Director.
(2) A person applying for an approval under this
section may be required by the person to whom the
application is made to comply with such requirements as the
person to whom the application is made may think
appropriate; and those requirements may include a
requirement to satisfy some other person with respect to any
matter.
(3) An approval under this section may apply
either to a particular person or to persons of a description
specified in the approval, and may so apply either in relation
to particular relevant operations or in relation to relevant
operations of a description so specified.
(4) An approval under this section may specify
conditions which must be complied with if the approval is to
apply, for any purpose specified in the approval, to any
person who is so specified or is of a description so specified;
and any such condition may impose on the person to whom
the approval is given a requirement from time to time to
satisfy any person with respect to any matter.
(5) Nothing in this section shall preclude a person
by whom any matter falls to be determined for the purposes
of any requirement imposed in pursuance of subsection (2) or
(4) from charging any fee in respect of the carrying out of any
test or other assessment made or to be made by him.
(6) Any power conferred by this section to give an
approval includes power to vary or withdraw an approval
given in exercise of that power.
(7) The Minister shall send to the Director –

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Register of
approved
contractors.
Approval, etc.
of apparatus.
(a) a copy of every approval given by
him under this section; and
(b) particulars of every variation or
withdrawal of an approval so given.
(8) The Minister may by regulations provide for
the charging of fees in respect of the exercise of any functions
conferred by or under this section.
(9) In this section “relevant operations” means the
installation, maintenance, adjustment, repair, alteration,
moving, removal or replacement of apparatus which is or is
to be connected to any telecommunication system to which a
licence under section 7 relates.
19. (1) The Director shall keep a register of approvals
given under section 18 at such premises and in such form as
he may determine.
(2) The Director shall cause particulars of every
such approval, and of every variation or withdrawal of such
an approval, to be entered in the register.
(3) Subsections (4) and (5) of section 17 shall apply
for the purposes of this section as they apply for the purposes
of that section.
20. (1) Where licences granted under section 7 include
provisions which are framed by reference to apparatus for the
time being approved under this section for connection to
telecommunication systems to which the licences relate, then,
for the purposes of those provisions, apparatus may be
approved for connection to those systems –
(a) by the Minister; or
(b) with the consent of, or in accordance
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with a general authorisation given by,
the Minister, by the Director.
(2) A person applying for an approval under this
section may be required by the person to whom the
application is made to comply with such requirements as the
person to whom the application is made may think
appropriate; and those requirements may include a
requirement to satisfy some other person with respect to any
matter.
(3) An approval under this section may apply
either to particular apparatus or to any apparatus of a
description specified in the approval, and may so apply
either for the purposes of a particular telecommunication
system or for the purposes of any telecommunication system
of a description so specified.
(4) An approval under this section may specify
conditions which must be complied with if the approval is to
apply, for any purposes specified in the approval, to any
apparatus which is so specified or is of a description so
specified; and any such condition may impose on the person
to whom the approval is given a requirement from time to
time to satisfy any person with respect to any matter.
(5) Nothing in this section shall preclude a person
by whom any matter falls to be determined for the purposes
of any requirement imposed in pursuance of subsection (2) or
(4) from charging any fee in respect of the carrying out of any
test or other assessment made or to be made by him.
(6) Standards to which apparatus of a description
specified in the designation must conform if it is to be
approved for connection to a telecommunication system so
specified or of a description so specified may be designated –
(a) by the Minister; or
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(b) with the consent of, or in accordance
with a general authorisation given by,
the Minister, by the Director,
and a standard so designated may apply subject to such
exceptions as may be determined by or under the designation.
(7) A designation under this section may specify
conditions which must be complied with if any apparatus of a
description specified in the designation is to be regarded, for
any purposes so specified, as conforming to the standard to
which the designation relates.
(8) Before designating a standard under this
section, the Minister or the Director shall give notice –
(a) stating that he proposes to make the
designation and setting out its effect;
(b) stating any conditions which he
proposes to specify in the designation;
and
(c) specifying the time (not being less
than twenty-eight days from the date
of publication of the notice) within
which representations or objections
with respect to the proposed
designation may be made,
and shall consider any representations or objections which are
duly made and not withdrawn.
(9) A notice under subsection (8) shall be given by
sending a copy of the notice to the person running the
telecommunication system and such other persons (if any) as
the Minister or the Director considers appropriate.
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Register of
approved
apparatus, etc.
(10) Any power conferred by this section to give an
approval or designate a standard includes power to vary or
withdraw an approval given or designation made in the
exercise of that power.
(11) The Minister shall send to the Director –
(a) a copy of every approval given or
designation made by him under this
section; and
(b) particulars of every variation or
withdrawal of an approval so given
or a designation so made,
except where it appears to the Minister requisite or expedient
not to do so in the interests of national security.
(12)The Minister may by order provide for the
charging of fees in respect of the exercise of any functions
conferred by or under this section.
21. (1) The Director shall keep a register of approvals
given and designations made under section 20 at such
premises and in such form as he may determine.
(2) Subject to subsection (3) and to any direction
given under subsection (4), the Director shall cause
particulars of every such approval or designation, and of
every variation or withdrawal of such an approval or
designation, to be entered in the register.
(3) The Director shall not enter in the register
particulars of –
(a) any approval given or designation
made by the Minister under section 20
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Approval, etc.
of meters.
a copy of which is not sent to the
Director under subsection (11) of that
section; or
(b) any variation or withdrawal of an
approval so given or a designation so
made, particulars of which are not so
sent.
(4) Subsections (3) to (5) of section 17 shall apply
for the purposes of this section as they apply for the purposes
of that section.
22. (1) Where a licence granted under section 7
includes provisions which are framed by reference to meters
for the time being approved under this section for use in
connection with any telecommunication system to which the
licence relates, then, for the purposes of those provisions,
meters may be approved for use in connection with that
system –
(a) by the Minister; or
(b) with the consent of, or in accordance
with a general authorisation given by,
the Minister, by the Director.
(2) A person applying for an approval under this
section may be required by the person to whom the
application is made to comply with such requirements as the
person to whom the application is made may think
appropriate; and those requirements may include a
requirement to satisfy some other person with respect to any
matter.
(3) An approval under this section may apply
either to a particular meter or to any meter of a description
specified in the approval, and may so apply either for the
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purposes of a particular telecommunication system or for the
purposes of any telecommunication system of a description so
specified.
(4) An approval under this section may specify
conditions which must be complied with if the approval is to
apply, for any purpose specified in the approval, to any meter
which is so specified or is of a description so specified; and
any such condition may impose on the person to whom the
approval is given a requirement from time to time to satisfy
any person with respect to any matter.
(5) Nothing in this section shall preclude a person
by whom any matter falls to be determined for the purposes
of any requirement imposed in pursuance of subsection (2) or
(4) above from charging any fee in respect of the carrying out
of any test or other assessment made by him.
(6) Standards to which any meter of a description
specified in the designation must conform if it is to be
approved for use in connection with a telecommunication
system so specified or of a description so specified may be
designated –
(a) by the Minister; or
(b) with the consent of, or in accordance
with a general authorisation given by,
the Minister, by the Director,
and a standard so designated may apply subject to such
exceptions as may be determined by or under the designation.
(7) A designation under this section may specify
conditions which must be complied with if any meter of a
description specified in the designation is to be regarded, for
any purposes so specified, as conforming to the standard to
which the designation relates.
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(8) A meter shall not be approved under this
section for use in connection with any telecommunication
system unless either –
(a) the meter conforms to a standard
designated under this section, which
applies to it for the purposes of that
system; or
(b) the Minister or the Director is satisfied
that, if used in connection with that
system in accordance with the
approval, the meter would be
sufficiently accurate and reliable.
(9) Before giving an approval under this section by
virtue of subsection (8)(b) or designating a standard under
this section, the Minister or the Director shall give notice –
(a) stating that he proposes to give the
approval or make the designation and
setting out its effect;
(b) stating any conditions which he
proposes to specify in the approval or
designation; and
(c) specifying the time (not being less
than twenty-eight days from the date
of publication of the notice) within
which representations or objections
with respect to the proposed approval
or designation may be made,
and shall consider any representations or objections which are
duly made and not withdrawn.

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Delegation of
functions
under sections
(10) A notice under subsection (9) shall be given by
sending a copy of the notice –
(a) in the case of an approval, to the
person applying for the approval; or
(b) in the case of a designation, to the
person running the system,
and (in either case) to such other persons (if any) as the
Minister or the Director considers appropriate.
(11) Any power conferred by this section to give an
approval or designate a standard includes power to vary or
withdraw an approval given or designation made in the
exercise of that power.
(12) The Minister shall send to the Director –
(a) a copy of every approval given or
designation made by him under this
section; and
(b) particulars of every variation or
withdrawal of an approval so given
or a designation so made.
(13) The Minister may by order provide for the
charging of fees in respect of the exercise of any functions
conferred by or under this section.
(14) In this section “meter” means any system or
apparatus constructed or adapted for use in ascertaining the
extent of telecommunication services provided by means of a
telecommunication system.
23. (1) The functions conferred on the Minister by
sections 20 and 22 (other than the power to make orders) shall
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20 and 22.

Grants and
loans to
persons
exercising
certain
functions.


Recognition of
bodies
representing
be exercisable by any person appointed by the Minister for
the purpose, to such extent and subject to such conditions as
may be specified in the appointment; and an appointment
under this section may authorise the person appointed to
retain any fees received by him.
(2) Before appointing any person under this
section, the Minister shall consult with the persons running
the telecommunication systems concerned, or with such
organisations as appear to the Minister to be representative of
those persons.
24. (1) The Minister may, with the approval of the
Minister assigned responsibility for finance, make grants or
loans–
(a) to persons by whom any matter falls
to be determined for the purposes of
any requirement imposed in
pursuance of subsection (2) or (4) of
section 18, 20 or 22; or
(b) to persons appointed under section
23.
(2) Any loans under this section shall be repaid to
the Minister at such times and by such methods, and interest
thereon shall be paid to him at such rates and at such times,
as he may with the approval of the Minister assigned
responsibility for finance from time to time direct.
(3) The loans under this section shall be made out
of money provided by Parliament and any sums received by
the Minister under subsection (2) shall be paid into the
Consolidated Fund.
25. (1) Where a licence granted under section 7
includes provisions which are framed by reference to bodies
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consumers, etc.

Information,
etc. to be
marked on or
to accompany
telecommuni-
cation
apparatus.
[6 of 1997]

for the time being recognised under this section to be
representing the interests of consumers, purchasers and other
users of telecommunication services provided by means of, or
telecommunication apparatus connected to, any
telecommunication system to which the licence relates, then,
for the purposes of those provisions, bodies representing such
interests may be recognised by the Minister.
(2) A recognition under this section may apply
either to a particular body or to bodies of a description
specified in the recognition, and may so apply either for the
purposes of a particular telecommunication system or for the
purposes of any telecommunication system of a description so
specified.
(3) The Minister may pay such allowances as he
may determine to members of a body recognised by him
under this section, and may pay such expenses of a body so
recognised as he may determine.
(4) Any power conferred by this section to
recognise any body includes power to withdraw the
recognition given in the exercise of that power.
(5) Payments under subsection (3) shall be out of
money provided by Parliament.
Marking, etc. of Telecommunication Apparatus
26. (1) Where it appears to the Minister expedient that
any description of telecommunication apparatus should be
marked with or accompanied by any information or
instruction relating to the apparatus or its connection or use,
the Minister may, by order, impose requirements for securing
that apparatus of that description is so marked or
accompanied, and regulate or prohibit the supply of any such
apparatus with respect to which the requirements are not
complied with; and the requirements may extend to the form
and manner in which the information or instruction is to be
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given.
(2) Where an order under this section is in force
with respect to telecommunication apparatus of any
description, any person who, in the course of any trade or
business, supplies or offers to supply telecommunication
apparatus of that description in contravention of the order
shall, subject to subsection (3), be guilty of an offence and
liable –
(a) on summary conviction, to a fine of
fifteen thousand dollars; and
(b) on conviction on indictment, to a fine
of thirty thousand dollars and
imprisonment for six months.
(3) Subsections (4) to (6) of section 5 shall apply for
the purposes of this section as they apply for the purposes of
that section.
(4) An order under this section may, in the case of
telecommunication apparatus supplied in circumstances
where the information or instruction required by the order
would not be conveyed until after delivery, require the whole
or part thereof to be also displayed near the apparatus.
(5) For the purpose of this section a person
exposing telecommunication apparatus for supply or having
telecommunication apparatus in his possession for supply
shall be deemed to offer to supply it.
(6) In this section and section 27 a person shall be
deemed to supply any telecommunication apparatus if in the
course of carrying on a business (whether or not a business of
dealing in the apparatus in question) and either as principal
or agent –
(a) he sells the apparatus, otherwise than
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under a hire purchase agreement;
(b) he hires out or lends the apparatus;
(c) he enters into a hire purchase
agreement, or a contract for work and
materials to furnish the apparatus;
(d) he exchanges the apparatus for any
consideration other than money; or
(e) he gives the apparatus either as a
prize or otherwise,
to another person, and “supply” and related expressions shall
be construed accordingly:
Provided that a person shall not be deemed to have
supplied any telecommunication apparatus for the purposes
of this section where –
(i) the supply was to a person with
whom the apparatus in
question was insured against
damage;
(ii) the supply was incidental to the
letting or sale of land;
(iii) the supply was to a person who
carries on the business of
buying such apparatus and
repairing or reconditioning it;
or
(iv) the supply was by sale as scrap,
that is to say, for the value of
the materials included in the
apparatus and not of the
apparatus itself.

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Information,
etc. to be given
in advertise-
ments.
[6 of 1997]
27. (1) Where it appears to the Minister expedient that
any description of advertisements of telecommunication
apparatus should contain or refer to any information relating
to the apparatus or its connection or use, the Minister may, by
order, impose requirements as to the inclusion of that
information, or an indication of the means by which it may be
obtained, in advertisements of that description.
(2) Where an advertisement of any
telecommunication apparatus to be supplied in the course of
any trade or business fails to comply with any requirement
imposed under this section, any person who publishes the
advertisement shall, subject to subsections (3) and (4), be
guilty of an offence and liable –
(a) on summary conviction to a fine of
fifteen thousand dollars; and
(b) on conviction on indictment, to a fine
of thirty thousand dollars and
imprisonment for six months.
(3) Subsections (4) to (6) of section 5 shall apply for
the purposes of this section as they apply for the purposes of
that section.
(4) In any proceedings for an offence under this
section it shall be a defence for the person charged to prove
that he is a person whose business it is to publish or arrange
for the publication of advertisements and that he received the
advertisement for publication in the ordinary course of
business and did not know and had no reason to suspect that
its publication would amount to an offence under this section.

(5) An order under this section may specify the
form and manner in which any information or indication
required by the order is to be included in advertisement of
any description.
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Enforcement
provisions.

Compulsory
acquisition of
land.
c. 62:05
(6) In this section “advertisement” includes a
catalogue, a circular and a price list.
28. (1) The Director or a relevant authority shall have
power to purchase telecommunication apparatus, and to
authorise any of his or its officers to purchase
telecommunication apparatus on his or its behalf, for the
purpose of ascertaining whether sections 26 and 27 and
orders made under those sections (in this section referred to
as “the relevant provisions”) are being complied with.
(2) The Director shall have power to enforce the
relevant provisions and every weights and measures
authority in Guyana shall have power to enforce those
provisions.
(3) In this section “relevant authority” means the
Minister or a weights and measures authority.
Acquisition, etc. of Land by Public Telecommunications Operators
29. (1) The Minister may acquire compulsorily any
land which is required by a public telecommunications
operator for, or in connection with, the establishment or
running of the operator’s system or as to which it can
reasonably be foreseen that it will be so required; and the
Acquisition of Lands for Public Purposes Act shall, subject to
the provisions of this section, mutatis mutandis apply to any
such compulsory acquisition as if the acquisition were for the
purposes of any work declared to be a public work under
section 3 of that Act.
(2) The power of acquiring land compulsorily
under this section includes power to acquire an easement or
other right over land by the creation of a new right.
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Acquisition of
land by
agreement.
c. 62:08

Application of
certain
provisions of
Post and
Telegraph Act.
c. 47:01

Fraudulent use
of
telecommuni-
cation system.
[6 of 1997]
(3) For the purposes of this section references to
the Commissioner of Lands in the Acquisition of Lands for
Public Purposes Act shall be deemed to include references to
any employee of the public telecommunications operator
authorised in writing by the Minister.
30. For the purpose of, and in relation to, the
acquisition by purchase by agreement by a public
telecommunications operator of property, the Vesting of
Property (Acquisition by Purchase) Act shall mutatis mutandis
apply as if it were a purchase of the property by agreement by
the Government on behalf of the State.
31. The provisions of sections 43 to 60 (inclusive) of
the Post and Telegraph Act shall mutatis mutandis apply to,
and in relation to, a public telecommunications operator as if
the references therein to the “Corporation” were references to
the public telecommunications operator:
Provided that where there is any conflict or inconsistency
between any of those provisions and this Act or the Code,
such provisions shall be read and construed as having been
modified in accordance with this Act or the Code, as the case
may be.
Offences
32. (1) A person who dishonestly obtains a service
provided by means of a licensed telecommunication system
with intent to avoid payment of any charge applicable to the
provision of that service shall be liable –
(a) on summary conviction, to a fine of
fifteen thousand dollars and
imprisonment for six months; and
(b) on conviction on indictment, to a fine
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Improper use
of public
telecommuni-
cation system.
[6 of 1997]


Punishment for
non-
compliance
with Act.
[20 of 2008]

of seventy-five thousand dollars and
imprisonment for two years.
(2) In this section “licensed telecommunication
system” means a telecommunication system the running of
which is authorised by a licence granted under section 7.
33. (1) A person who –
(a) sends, by means of a public
telecommunication system, a message
or other matter that is grossly
offensive or of an indecent, obscene or
menacing character; or
(b) sends by those means, for the purpose
of causing annoyance, inconvenience
or needless anxiety to another, a
message that he knows to be false or
persistently makes use for that
purpose of a public
telecommunication system,
shall be liable on summary conviction to a fine of fifteen
thousand dollars and imprisonment for six months.
(2) Subsection (1) shall not apply to anything done
in the course of providing a cable programme service within
the meaning of Part IV of this Act.
33A. (1) A licensee who fails to comply with section
9A, (1),(2),(3),(4) and (7) and section 9B and 9C commits an
offence and is liable on summary conviction to a fine of one
million dollars and imprisonment for six months.
(2) A dealer or any person authorised by a licensee
who fails to comply with section 9A (5) commits an offence
and is liable on summary conviction to a fine of twenty-five
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Modification,
etc. of
messages.
[6 of 1997]

Interception
and disclosure
of messages,
etc.
[6 of 1997]
thousand dollars and imprisonment for six months.
(3) A person who fails to comply with section 9A (6)
commits an offence and is liable on summary conviction to a
fine of twenty-five thousand dollars and imprisonment for six
months.
34. (1) A person engaged in the running of a public
telecommunication system who, otherwise than in the course
of his duty, intentionally modifies or interferes with the
contents of a message sent by means of that system shall be
guilty of an offence.
(2) A person guilty of an offence under subsection
(1) shall be liable –
(a) on summary conviction, to a fine of
fifteen thousand dollars and to
imprisonment for six months; and

(b) on conviction on indictment, to a fine
of seventy-five thousand dollars and
to imprisonment for a term of two
years.
35. (1) A person engaged in the running of a public
telecommunication system who otherwise than in the course
of his duty –
(a) intentionally intercepts a message
sent by means of that system; or
(b) where a message so sent has been
intercepted, intentionally discloses to
any person the contents of that
message,
shall be guilty of an offence.

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Assaults, etc.
on persons
engaged in the
business of
public
telecommuni-
cations
operator.
[6 of 1997]
(2) A person engaged in the running of a public
telecommunication system, who otherwise than in the course
of his duty, intentionally discloses to any person the contents
of any statement of account, specifying the
telecommunication services provided for any other person by
means of that system, shall be guilty of an offence.
(3) Subsection (1) shall not apply to anything done
in compliance with an order made by a court; and paragraph
(b) of that subsection and subsection (2) shall not apply to any
disclosure in connection with the investigation of any
criminal offence or for the purposes of any criminal
proceedings.
(4) A person guilty of an offence under this section
shall be liable –
(a) on summary conviction, to a fine of
fifteen thousand dollars together with
imprisonment for one year; and
(b) on conviction on indictment; to a fine
of seventy-five thousand dollars
together with imprisonment for two
years.
36. (1) A person who –
(a) assaults or intentionally obstructs a
person engaged in the business of a
public telecommunications operator;
or
(b) whilst in any premises used for the
purposes of the business of such an
operator, intentionally obstructs the
course of business of the operator,

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c. 16:01

General
functions.
shall be liable on summary conviction to a fine of fifteen
thousand dollars and imprisonment for one year.

(2) Any person engaged in the business of a public
telecommunications operator may require any person guilty
of an offence under subsection (1) to leave the premises used
for the purposes of that business, and if any such offender
who is so required refuses or fails to comply with the
requirement, he shall be liable on summary conviction to a
further fine of fifteen thousand dollars and imprisonment for
two years; and may be removed by a person engaged in that
business; and any member of the Police Force shall on
demand by any such person remove or assist in removing any
such offender.
(3) In this section “member of the Police Force” has
the meaning assigned to “member of the Force” in section 2(1)
of the Police Act.
PART III
OTHER FUNCTIONS OF DIRECTOR

37. (1) It shall be the duty of the Director, so far as it
appears to him practicable from time to time, to keep under
review the carrying on both within and outside Guyana of
activities connected with telecommunications.
(2) It shall also be the duty of the Director, so far as
it appears to him practicable from time to time, to collect
information with respect to commercial activities connected
with telecommunications carried on in Guyana, and the
persons by whom they are carried on, with a view to his
becoming aware of, and ascertaining the circumstances
relating to, matters with respect to which his functions are
exercisable.
(3) The Minister may give general directions
indicating –
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Publication of
information
and advice.
(a) considerations to which the Director
should have particular regard in
determining the order of priority in
which matters are to be brought
under review in the performance of
his duty under subsection (1) or (2);
and
(b) considerations to which, in cases
where it appears to the Director that
any of his functions are exercisable, he
should have particular regard in
determining whether to exercise those
functions.
(4) It shall be the duty of the Director, where either
he considers it expedient or he is requested by the Minister to
do so, to give information, advice and assistance to the
Minister with respect to any matter in respect of which any
function of the Director is exercisable.
38. (1) The Director may arrange for the publication,
in such form and in such manner as he may consider
appropriate, of such information and advice as it may appear
to him to be expedient to give to consumers, purchasers and
other users of telecommunication services or
telecommunication apparatus in Guyana.
(2) In arranging for the publication of any such
information or advice, the Director shall have regard to the
need for excluding, so far as that is practicable –
(a) any matter which relates to the
private affairs of an individual, where
the publication of that matter would
or might, in the opinion of the
Director, seriously and prejudicially
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Investigation of
complaints.
affect the interest of that individual;
and
(b) any matter which relates specifically
to the affairs of a particular body of
persons, whether incorporated or not,
where publication of that matter
would or might, in the opinion of the
Director, seriously and prejudicially
affect the interests of that body.
(3) Without prejudice to the exercise of his powers
under subsection (1), it shall be the duty of the Director to
encourage relevant associations to prepare, and to
disseminate to their members, codes of practice for guidance
in safeguarding and promoting the interests of consumers,
purchasers and other users of telecommunication services or
telecommunication apparatus in Guyana.
(4) In this section “relevant association” means any
association (whether incorporated or not) whose membership
consists wholly or mainly of persons engaged in the provision
of telecommunication services or the supply of
telecommunication apparatus or of persons employed by or
representing persons so engaged and whose objects or
activities include the promotion of the interests of persons so
engaged.
39. (1) It shall be the duty of the Director to consider
any matter which –
(a) relates to telecommunication services
provided or telecommunication
apparatus supplied in Guyana; and
(b) is the subject of a representation
(other than one appearing to the
Director to be frivolous) made to the
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c. 25:01
Co-ordination
of functions
under Part II
and wireless
telegraph
functions.
Director by or on behalf of a person
appearing to the Director to have an
interest in that matter.
(2) Subsection (1) shall not apply to any matter
which relates to the running of such a telecommunication
system as is mentioned in section 6(1).
(3) Where any matter considered by the Director
under subsection (1) is one in respect of which any of his
functions is exercisable, the Director shall, if he is required to
do so or if he thinks fit, exercise that function with respect to
that matter.

(4) The provisions of this section shall be without
prejudice to the provisions of the Public Utilities Commission
Act.
40. (1) With a view to co-ordinating the exercise of the
functions under Part II of this Act and the licensing powers of
any authority under any written law relating to wireless
telegraphy, it shall be the duty of the Director, where either
he considers it expedient or he is requested by the Minister to
do so, to give to the Minister –
(a) advice with respect to the exercise of
those powers in cases where the
running of a telecommunication
system is involved; and
(b) information with respect to any
matters appearing to him to be
relevant to the exercise of those
powers in such cases.
(2) The Director shall, in exercising his functions
under Part II of this Act, have regard to such of the principles
applied by any authority authorised to exercise licensing
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Power to give
assistance in
relation to
certain
proceedings.
powers under any written law relating to wireless telegraphy
as may from time to time be notified to the Director by the
Minister for the purposes of this subsection.
(3) For the purposes of this section –
(a) references to the licensing powers of
any authority under any written law
relating to wireless telegraphy, are
references to the powers of that
authority with respect to the grant,
variation or revocation of licences
authorising the establishment,
installation or use of stations for
wireless telegraphy or wireless
telegraphy apparatus; and
(b) the running of a telecommunication
system is involved in cases where
those powers are exercisable in
relation to any station or apparatus
which is in use or intended for use in
running a telecommunication system.
41. (1) Where, in relation to any proceedings or
prospective proceedings to which this section applies, any
actual or prospective party to the proceedings (other than a
telecommunications operator) applies to the Director for
assistance under this section, the Director may grant the
application if he thinks fit to do so –
(a) on the ground that the case raises a
question of principle; or
(b) on the ground that it is unreasonable,
having regard to the complexity of the
case or to any other matter, to expect
the applicant to deal with the case
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without any assistance under this
section; or
(c) by reason of any other special
consideration.
(2) This section applies to any proceedings in
which there falls to be determined any question arising under
or in connection with –
(a) the Code as applied to a
telecommunications operator in
relation to any part or locality of
Guyana; or
(b) any exception or condition subject to
which that Code has effect as so
applied.
(3) Assistance by the Director under this section
may include –
(a) giving advice;
(b) procuring or attempting to procure
the settlement of the matter in
dispute;
(c) arranging for the giving of advice or
assistance by an attorney-at-law;
(d) arranging for representation by an
attorney-at-law, including such
assistance as is usually given by an
attorney-at-law in the steps
preliminary or incidental to any
proceedings, or in arriving at or
giving effect to a compromise to avoid
or bring to an end any proceedings;
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Power to
require
and
(e) any other form of assistance which
the Director may consider
appropriate,
but paragraph (d) shall not affect the law and practice
regulating the descriptions of persons who may appear in,
conduct, defend, and address the court in, any proceedings.
(4) In so far as expenses are incurred by the
Director in providing the applicant with assistance under this
section, the recovery of those expenses (as taxed or assessed
in such manner as may be prescribed by rules of court) shall
constitute a first charge for the benefit of the Director-
(a) on any costs or expenses which
(whether by virtue of a judgment or
order of a court or an agreement or
otherwise) are payable to the
applicant by any other person in
respect of the matter in connection
with which the assistance is given;
and
(b) so far as relates to any costs or
expenses, on the rights of such
applicant under any compromise or
settlement arrived at in connection
with that matter to avoid or bring to
an end any proceedings.
(5) Any expenses incurred by the Director in
providing assistance under this section shall be paid out of
money provided by Parliament; and any sums received by the
Director by virtue of any charge conferred by subsection (4)
shall be paid into the Consolidated Fund.
42. (1) The Director may, for any relevant purpose, by
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information,
etc.
[6 of 1997]
notice in writing signed by him –
(a) require any person to produce, at a
time and place specified in the notice,
to the Director or to any person
specified by him for the purpose, any
documents which are specified or
described in the notice and are in that
person’s custody or under his control;
or
(b) require any person carrying on any
business to furnish to the Director
such estimates, returns or other
information as may be specified or
described in the notice, and specify
the time, the manner and the form in
which any such estimates, returns or
information are to be furnished,
but no person shall be compelled for any such purpose to
produce any documents which he could not be compelled to
produce in civil proceedings before a court or, in complying
with any requirement for the furnishing of information, to
give any information which he could not be compelled to give
in evidence in such proceedings.
(2) A person who refuses or, without reasonable
excuse, fails to do anything duly required of him by a notice
under subsection (1) shall be guilty of an offence and liable,
on summary conviction, to a fine of fifteen thousand dollars
and imprisonment for six months.
(3) A person who –
(a) intentionally alters, suppresses or
destroys any document which he has
been required by any such notice to
produce; or
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Power to
establish
advisory bodies.
(b) in furnishing any estimate, return or
other information required of him
under any such notice, makes any
statement which he knows to be false
in a material particular, or recklessly
makes any statement which is false in
a material particular,
shall be liable, on summary conviction, to a fine of fifteen
thousand dollars and imprisonment for six months.
(4) If a person makes default in complying with a
notice under subsection (1) of this section, the Court may, on
the application of the Director, make such order as the Court
thinks fit for requiring the default to be made good; and any
such order may provide that all the costs or expenses of and
incidental to the application shall be borne by the person in
default or by any officers of a company or other association
who are responsible for its default.
(5) In this section “relevant purpose” means any
purpose connected with –
(i) the investigation of any offence
under section 5, 26 or 27 or any
proceedings for any such
offence; or
(ii) the exercise of the Director’s
functions under section 13 or
39.
43. (1) The Minister may, as soon as practicable after
the appointed day, establish such number of advisory bodies
as he thinks fit consisting of such members as he may from
time to time appoint.
(2) In establishing a body under subsection (l), the
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Annual and
other reports.
Minister shall have regard to the desirability of having
members who are familiar with the special requirements and
circumstances of consumers, purchasers and other users of
telecommunication services and telecommunication
apparatus.
(3) Any advisory body appointed under subsection
(1) shall be provided by the Director with such officers and
employees as are required by it to perform its functions.
(4) It shall be the duty of an advisory body
established under this section to advise the Director on any
matter –
(a) in respect of which any of the
Director’s functions is exercisable; and
(b) which is referred to it by the Director
or is a matter on which it considers it
should offer its advice.
(5) Each of the advisory bodies established under
subsection (1) shall, as soon as practicable after the end of
each year, make to the Director a report on its activities
during that year.
(6) A copy of every report, of an advisory body,
referred to in subsection (5) shall be forwarded by the
advisory body to the Minister.
44. (1) The Director shall, as soon as practicable after
the end of each year, make to the Minister a report on his
activities during that year.
(2) Every such report shall include –
(a) a general survey of developments,
during the year to which it relates, in
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Cable
programme
services.
respect of matters falling within the
scope of the Director’s functions
(including, in particular, those
affecting small businesses or persons
who are disabled or of pensionable
age); and
(b) the reports which the advisory bodies
established under section 43(1) make
to him on their activities during that
year.
(3) The Minister shall lay a copy of every report
made by the Director under subsection (1) before the National
Assembly and shall arrange for every such report to be
published in such manner as he may consider appropriate.
(4) The Director may also prepare such other
reports as appear to him to be expedient with respect to such
matters as are mentioned in subsection (2) and may arrange
for any such report to be published in such manner as he may
consider appropriate.
(5) In making any report under this section the
Director shall have regard to the need for excluding, so far as
that is practicable, the matters specified in section 38(2) (a)
and (b).
PART IV
PROVISION OF CABLE PROGRAMME SERVICES
45. (1) In this Part “cable programme service” means a
service consisting in the sending by any person, by means of a
telecommunication system (whether run by him or by any
other person), of sounds or visual images or both either –
(a) for reception, otherwise than by
wireless telegraphy, simultaneously
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in two or more dwelling-houses in
Guyana; or
(b) for reception, by whatever means, at a
place in Guyana for the purpose of
their being presented there either to
members of the public or to a group
of persons, some or all of whom do
not have a business interest in hearing
or seeing them.
(2) Subsection (l) does not apply in relation to a
service consisting in the sending of sounds or visual images
or both by any person if, while they are being conveyed, it is
possible to send from each place of reception, by means of the
telecommunication system or (as the case may be) the part of
it by means of which they are conveyed, sounds or visual
images or both for reception by that person.
(3) References in subsections (1) and (2) to sounds
are references to speech or music or both except that they do
not include, in relation to any telecommunication system,
speech providing information for the purposes of facilitating
the use of a telecommunication service provided by means of
that system.
(4) References in subsections (1) and (2) to visual
images are references to visual images which are such that
sequences of them may be seen as moving pictures.
(5) References in this section to a
telecommunication system do not include references to a
telecommunication system the running of which does not
require to be licensed under Part II of this Act.
(6) For the purposes of this section a person has a
business interest in hearing or seeing sounds or visual images
if he has an interest in hearing or seeing them for the
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Prohibition of
unlicensed
cable
programme
services.
[6 of 1997]

Power to
license cable
programme
services.

purposes of his business, trade, profession or employment.
46. (1) Subject to any exceptions for which provision is
made by order of the Minister, a person who provides a cable
programme service shall be guilty of an offence unless he is
authorised to provide the service by a licence granted under
section 47.

(2) A person guilty of an offence under this section
shall be liable on summary conviction, to a fine of thirty
thousand dollars and imprisonment for six months.
(3) No proceedings in respect of an offence under
this section shall be instituted except by or with the consent of
the Director of Public Prosecutions.
(4) Without prejudice to subsection (2), compliance
with this section shall be enforceable by civil proceedings by
the Attorney General for an injunction or for any other
appropriate relief.
47. (1) A licence may be granted by the Minister
subject to such terms, provisions and limitations as he may
think fit, for the provision of such cable programme services
as are specified in the licence or are of a description so
specified.
(2) A licence granted under this section shall be in
writing and, unless previously revoked by the Minister, shall
continue in force for such period as may be specified in the
licence.
(3) A licence granted under this section may be
revoked, or the terms, provisions or limitations thereof
varied, by a notice in writing of the Minister served on the
holder of the licence or by general notice applicable to
licences of the class to which the licence in question belongs
published in such manner as may be specified in the licence.
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Entry and
search of
premises.
[6 of 1997]
(4) At such times and in such circumstances as
may be prescribed by regulations made by the Minister, such
fee as may be so prescribed shall be paid by the person to
whom a licence under this section is granted.
(5) Different provisions may be made by
regulations under subsection (4) in relation to different
licences, according to the nature, terms, provisions,
limitations and duration thereof.
(6) The Minister shall have power to make, in any
case or classes of cases, refunds of sums received by him
under subsection (4).
48. (1) If a magistrate is satisfied by information on
oath –
(a) that there is reasonable ground for
suspecting that an offence under
section 46 has been, or is being,
committed; and
(b) that evidence of the commission of the
offence is to be found on any premises
specified in the information,
he may grant a search warrant conferring power on any
person or persons authorised in that behalf by the Minister
and named in the warrant to enter and search the premises
specified in the information at any time within one month
from the date of the warrant.
(2) A person who intentionally obstructs a person
in the exercise of powers conferred on him under this section
shall be liable on summary conviction to a fine of fifteen
thousand dollars and imprisonment for six months.

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Grants to
promote
interests of
disabled
persons.
(3) A person who discloses, otherwise than for the
purposes of this Part or of a report of proceedings under it,
any information obtained by means of an exercise of powers
conferred by this section, being information relating to a
manufacturing process or trade secret, shall be liable on
summary conviction to a fine of thirty thousand dollars and
imprisonment for one year.

PART V
MISCELLANEOUS AND SUPPLEMENTAL
Miscellaneous
49. (1) The Minister may, out of sums appropriated for
that purpose by Parliament, make grants for the purpose of
defraying or contributing towards –
(a) any expenses which may be incurred
by any person in supporting research
into or the development of apparatus
to which this section applies; or
(b) any fees incurred by any person in
respect of the exercise in relation to
apparatus to which this section
applies of any function conferred by
or under section 20.
(2) This section applies to –
(a) telecommunication apparatus which
is constructed for use by disabled
persons;
(b) telecommunication apparatus which
is so constructed as to be capable of
being adapted for such use; and

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Directions in
the interests of
national
security, etc.
(c) apparatus by means of which
telecommunication apparatus falling
within paragraph (b) may be so
adapted.
(3) In making a grant under this section, the
Minister may impose such conditions as he thinks fit and
may, in particular, impose a condition requiring the
repayment of all or any part of the grant—
(a) if any other condition is not complied
with; or
(b) in such other circumstances as he may
specify.
50. (1) The Minister may, after consultation with a
person to whom this section applies, give to that person such
directions of a general character as appear to the Minister to
be requisite or expedient in the interests of national security
or relations with the government of a country or territory
outside Guyana.
(2) If it appears to the Minister to be requisite or
expedient to do so in the interests of national security or
relations with the government of a country or territory
outside Guyana, he may, after consultation with a person to
whom this section applies, give to that person a direction
requiring him (according to the circumstances of the case) to
do, or not to do, a particular thing specified in the direction.
(3) A person to whom this section applies shall
give effect to any direction given to him by the Minister under
this section notwithstanding any other duty imposed on him
by or under this Act.
(4) The Minister shall lay before the National
Assembly a copy of every direction given under this section
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Prohibitions
and restrictions
applying to
lessees with
respect to
telecommuni-
cations.
unless he is of the opinion that disclosure of the direction is
against the interests of national security or relations with the
government of a country or territory outside Guyana, or the
commercial interests of any person.
(5) A person shall not disclose, or be required by
virtue of any enactment or otherwise to disclose, anything
done by virtue of this section if the Minister has notified him
that the Minister is of the opinion that disclosure of that thing
is against the interests of national security or relations with
the government of a country or territory outside Guyana, or
the commercial interests of some other person.
(6) The Minister may, out of funds appropriated
for that purpose by Parliament, make grants to public
telecommunications operators for the purpose of defraying or
contributing towards any losses they may sustain by reason
of compliance with the directions given under this section.
(7) This section applies to the Director and to any
person who is a public telecommunications operator or
approved contractor (whether in his capacity as such or
otherwise); and in this subsection “approved contractor”
means a person approved under section 18.
51. (1) Subject to subsection (4), where any provision
contained in a lease to which this section applies, or in any
agreement made with respect to premises to which such a
lease relates, has the effect of imposing on the lessee any
prohibition or restriction with respect to any of the matters
falling within subsection (3), that provision shall have effect
in relation to things which are done –
(a) inside a building, or part of a
building, occupied by the lessee
under the lease; or
(b) for purposes connected with the
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provision to the lessee, by any
telecommunications operator, of any
telecommunication services,
as if the prohibition or restriction applied only where the
lessor has not given his consent in relation to the matter in
question and as if the lessor were required not to withhold
that consent unreasonably.
(2) Where a provision of a lease or agreement
imposes (whether by virtue of this section or otherwise) a
requirement on the lessor under a lease not to withhold his
consent unreasonably in relation to any matter falling within
subsection (3), the question whether that consent is
unreasonably withheld shall be determined having regard to
all the circumstances and to the principle that no person
should unreasonably be denied access to a telecommunication
system.
(3) The matters falling within this subsection are –
(a) the running of relevant
telecommunication systems;
(b) the connection of any
telecommunication apparatus to a
relevant telecommunication system or
of relevant telecommunication
systems to each other; and
(c) the installation, maintenance,
adjustment, repair, alteration or use,
for purposes connected with the
running of a relevant
telecommunication system, of any
telecommunication apparatus.
(4) The Minister may by order provide, in relation
to such cases of prohibition or restrictions as are specified in
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Use of certain
conduits for
telecommunicat
ion purposes.
the order, or are of a description so specified, that subsection
(1) shall not apply.
(5) This section applies to any lease for a term of a
year or more granted on or after the day on which this section
comes into force; but the Minister may by order provide that
this section shall apply, subject to such transitional provisions
as may be contained in the order, to leases granted before that
day.
(6) This section shall be without prejudice to any
provision made in the Code.
(7) In this section –
“alteration”, in relation to any telecommunication apparatus,
includes moving, removal or replacement of the
apparatus;
“lease” includes any leasehold tenancy (whether in the nature
of a head lease, sub-lease or under lease) and any
agreement to grant such a tenancy, and references to the
grant of a lease, shall be construed accordingly;
“relevant telecommunication system” means a public
telecommunication system or a telecommunication
system specified for the purposes of this section in an
order made by the Minister, or a telecommunication
system which is, or is to be connected to a public
telecommunication system or to a system so specified.
52. (1) The functions of an authority with control of a
relevant conduit shall include the power –
(a) to carry out, or to authorise another
person to carry out, any works in
relation to that conduit for or in
connection with the installation,
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maintenance, adjustment, repair or
alteration of telecommunication
apparatus;
(b) to keep telecommunication apparatus
installed in that conduit or to
authorise any other person to keep
telecommunication apparatus so
installed;
(c) to authorise any person to enter that
conduit to inspect telecommunication
apparatus kept installed there;
(d) to enter into agreements, on such
terms (including terms as to the
payments to be made to the authority)
as it thinks fit, in connection with the
doing of anything authorised by or
under this section; and
(e) to carry on an ancillary business
consisting in the making and carrying
out of such agreements.
(2) Where any written law expressly or impliedly
imposes any limitation on the use to which a relevant conduit
may be put, that limitation shall not have effect so as to
prohibit the doing of anything authorised by or under this
section.
(3) Where the doing by an authority with control
of a public sewer of anything authorised by this section
would, apart from this subsection, constitute a contravention
of any obligation imposed (whether by virtue of any
conveyance or agreement or otherwise) on the authority, the
doing of that thing shall not constitute such a contravention to
the extent that it consists in, or in authorising, the carrying out
of works or inspections, or keeping of apparatus, wholly
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inside a public sewer.
(4) Subject to subsections (2) and (3), subsection (1)
is without prejudice to the rights of any person with an
interest in land on, under or over which a relevant conduit is
situated.
(5) Without prejudice to subsections (1) to (4), the
Minister may by order, which shall be subject to negative
resolution of the National Assembly, provides for any written
law, under or in accordance with which any conduits
(whether or not relevant conduits) are kept installed in roads,
to be amended in such manner as appears to him requisite or
expedient for securing –
(a) that there is power for those conduits
to be used for telecommunication
purposes;
(b) that the terms (including terms as to
payment) on which those conduits are
used for those purposes are
reasonable; and
(c) that the use of those conduits for
those purposes is not unreasonably
inhibited (whether directly or
indirectly) by reason of the terms of
any consent, licence or agreement
which has been given, granted or
made in relation to any of those
conduits for the purposes of that Act.
(6) In this section “relevant conduit” means –
(a) any conduit which, whether or not it
is itself an electric line, is maintained
by an electricity authority for the
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purpose of enclosing, surrounding or
supporting such a line, including
where such a conduit is connected to
any box, chamber or other structure
(including a building) maintained by
an electricity authority for purposes
connected with the conveyance,
transmission or distribution of
electricity, that box, chamber or
structure;
(b) a water main or any other conduit
maintained by a water authority for
the purpose of conveying water from
one place to another; or
(c) a public sewer.
(7) In this section a reference to the authority with
control of a relevant conduit –
(a) in relation to a conduit or structure
falling within subsection (6)(a) or (b),
shall be construed as a reference to
the authority by whom the conduit or
structure is maintained; and
(b) in relation to a public sewer, shall be
construed, subject to subsection (8), as
a reference to the authority in whom
the sewer is vested.
(8) Where –
(a) the functions of an authority with
control of a public sewer are, in
pursuance of any written law,
discharged on its behalf by another
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c. 56:02

c. 51:01
authority; and
(b) the other authority is authorised by
the authority with control of the
sewer to act on its behalf for the
purposes of the matters referred to in
subsection (1),
this section shall have effect in relation to that sewer as if any
reference to the authority with control of the sewer included,
to such extent as may be necessary for the other authority so
to act, a reference to the other authority.
(9) In this section-
“alteration” has the same meaning as in section 51;
“conduit” includes a tunnel or subway;
“electric line” has the same meaning as in section 2 of the
Electric Lighting Act;
“electricity authority” means any person, authority or body
established by or under, or licensed under, any written
law for the generation, transmission or distribution of
electricity;
“public sewer” means any sewer which is vested in any
person, authority or body established by or under any
written law;
“road” has the same meaning as in section 2 of the Roads Act;
“water authority” means any authority established by or
under any written law for the management, conservation
or supply of water;
“water main” means a main for the transmission, supply or
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General
restrictions on
disclosure of
information.
[6 of 1997]
53. (1) Subject to the following provisions of this
section, no information with respect to any particular
business which-
(a) has been obtained under or by virtue
of the provisions of this Act; and
(b) relates to the private affairs of any
individual or to any particular
business,
shall during the lifetime of that individual or so long as that
business continues to be carried on, be disclosed without the
consent of that individual or the person for the time being
carrying on that business.
(2) Subsection (1) does not apply to any disclosure
of information which is made –
(a) for the purpose of facilitating the
performance of any functions
assigned or transferred to the Minister
or the Director by or under this Act;
(b) for the purpose of complying with the
requirement of any written law;
(c) in connection with the investigation of
any criminal offence or for the
purposes of any criminal proceedings;
or
(d) for the purpose of any civil
distribution of water.
Telecommunications 89

Supplemental
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Orders and
schemes.

Interpretation
in respect of
certain matters.
proceedings brought under or by
virtue of this Act.
(3) Nothing in subsection (1) shall be construed –
(a) as limiting the matters which may be
published under section 38 or may be
included in, or made public as part of,
a report of the Director under this Act;
or
(b) as applying to any information which
has been so published or has been
made public as part of such a report.
(4) Any person who discloses any information in
contravention of this section shall be liable on summary
conviction, to a fine of thirty thousand dollars and
imprisonment for two years.

54. Any order or scheme under this Act may make
different provision with respect to different cases or
descriptions of cases.
55. (1) Any power conferred on the Minister by this
Act to give a direction if it appears to him to be requisite or
expedient to do so in the interest of national security or
relations with the government of a country or territory
outside Guyana includes power to give the direction if it
appears to him to be requisite or expedient to do so in order –
(a) to discharge, or facilitate the
discharge of, an obligation binding on
the Government by virtue of it being a
member of an international
organisation or a party to an
international agreement;

LAWS OF GUYANA
Telecommunications Cap. 47:02 91
L.R.O. 1/2012

Application to
territorial
waters,
continental
shelf, etc.
c. 65:10


Exclusion of
application of
Post and
Telegraph Act.
c. 47:01
Power to make
regulations.
(b) to attain, or facilitate the attainment
of, any other objects the attainment of
which is, in the Minister’s opinion,
requisite or expedient in view of the
Government being a member of such
an organisation or a party to such an
agreement; or
(c) to enable the Government to become a
member of such an organisation or a
party to such an agreement.
(2) For the purposes of any licence granted,
approval given or order made under this Act, any description
or class may be framed by reference to any circumstances
whatsoever.
56. (1) The Minister may by order, which shall be
subject to negative resolution of the National Assembly, make
provision for treating for the purposes of this Act any
installation in waters to which the Petroleum (Exploration
and Production) Act applies as if it were situated in Guyana.
(2) In this section “installation” includes any
floating structure or device maintained on a station by
whatever means.
57-58. Omitted.
59. Except as otherwise provided in section 31, the
provisions of the Post and Telegraph Act shall not apply to
any matter for, or in respect of, which provision has been
made in this Act.
60. Omitted.
61. (1) The Minister may make regulations for
carrying out the purposes of this Act.
LAWS OF GUYANA
92 Cap. 47:02 Telecommunication
L.R.O. 1/2012
(2) Without prejudice to the generality of the
foregoing, the regulations may, in particular, make provisions
for all or any of the following matters –
(a) the hours during which the registers
kept under section 17, 19 or 21, shall
be open to public inspection and the
fee payable for such inspection;
(b) the fee payable for a copy or an
extract from any part of the register
kept under section 17, 19 or 21
certified by the Director to be a true
copy or extract;
(c) the fees payable in respect of the
exercise of any functions conferred by
or under section 18, 20 or 22;
(d) the form, and manner of service, of
any notice under this Act;
(e) the manner of publication of any
notice under this Act, where the
publication of such notice is required
by any provision thereof;
(f) the fee payable by a licensee under
section 47(4) and the times at which
and the circumstances in which it
shall be payable;

(g) any other matter that is required be,
or may be, prescribed under any
provision of this Act.
_______________
LAWS OF GUYANA
Telecommunications Act Cap. 47:02 93
L.R.O. 1/2012
SUBSIDIARY LEGISLATION
_________________
made under section 9
Citation.
Telecommunications System) Order.
Designation of
telecommuni-
cation system.
2. The telecommunication system operated by the
Guyana Telephone and Telegraph Company Limited, and the
running of which is authorised by a Licence granted under
section 7 is hereby designated as a public telecommunication
system.
___________________
Reg. 6/ 2003
Citation.
TELECOMMUNICATIONS REGULATIONS
made under sections 18 and 61
1. These Regulations shall be cited as the
Telecommunications Regulations and shall be deemed to
come into operation on January 1, 2003.
O. 81/1990
1. This Order may be cited as the Guyana) Telephone
and Telegraph Company Limited (Designation as a Public
ORDER PUBLIC TELECOMMUNICATING SYSTEM) COMPANY LIMITED (DESIGNATION AS A GUYANA TELEPHONE AND TELEGRAPH
LAWS OF GUYANA
94 Cap. 47:02 Telecommunications Act
[Subsidiary]
L.R.O. 1/2012
Annual fees for
apparatus. 2. Every person who installs, uses or operates any
apparatus capable of utilising the electro-magnetic spectrum
mentioned in the Table shall pay the annual fee mentioned in
respect hereof in relation to such apparatus in the said Table.
TABLE
Description Fee Remarks
Cellular
Radiotelephone
System operating
in the 800 MHz
and 900 MHz
bands
$1944 x 60 per RF
(30 KHz) channel
per cell site
This system
provides cellular
radiotelephone
service (voice and
data traffic to
subscribers
utilising one or
more cell sites
(base stations).
Cellular
Radiotelephone
System operating
above the 900
MHz band
$1160 x 60 per RF
(30 KHz) channel
per cell site
This system
provides cellular
radiotelephone
service (voice and
data traffic to
subscribers
utilising one or
more cell sites
(base stations
__________________
Telecommunications Regulations