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GOVERNMENT OF JAMAICA
Opening Hours: Mon – Thur 8:30 am – 5:00 pm Fri 8:30 am – 4:00 pm
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The Legal Affairs Division (hereafter referred to as “the Division”) plays a critical role in overseeing the legal and regulatory responsibilities of the Spectrum Management Authority (SMA). This multifaceted responsibility encompasses a thorough evaluation of SMA operations to ensure that all activities are in strict adherence to current legislation and regulatory standards. The dedicated efforts of the Legal Affairs Division are integral not only to the licensing process but also to our ongoing engagement with a diverse range of stakeholders, including both existing clients and potential new ones. This engagement is conducted in accordance with the Telecommunications Act of 2000 as well as the Access to Information Act of 2002, both of which are foundational to our operations.
Among its primary functions, the Division is tasked with several essential responsibilities that are crucial for the effective functioning of the SMA. These functions include, but are not limited to, the following:
Delivering Prompt Legal Advice
The Division is committed to providing timely and precise legal counsel regarding the implications related to all pertinent matters affecting the SMA. This ensures that all decisions made within the authority are informed by a thorough understanding of the legal landscape.
Ensuring Compliance Obligations
A significant aspect of the Division’s work involves overseeing and ensuring that the compliance obligations for the SMA are fulfilled as well as our licensees. This means that the Division actively monitors operations and practices to verify that they align with both statutory requirements and internal policies concerning both our internal and external customers.
Formulating Recommendations
The Division is also responsible for formulating comprehensive recommendations aimed at developing a robust regulatory framework. By analyzing various aspects of the telecommunications environment, the Division seeks to propose changes and enhancements that will strengthen the regulatory landscape, ensuring the SMA can effectively manage spectrum resources.
Overseeing Timely Enforcement Actions
Another crucial function of the Division is to oversee timely enforcement actions. This involves taking appropriate measures against any violations of regulations or non-compliance by licensees, thereby maintaining the integrity of the regulatory framework and protecting public interest.
Prior to the establishment of the Spectrum Management Authority (SMA), the spectrum management function in Jamaica was carried out by the Telecommunications Unit within the Post and Telecommunications Department of the Ministry. The activities of the Telecommunications Unit were guided by the Radio and Telegraph Control Act (RTC Act) and its respective Regulations.
The Telecommunications Act (2000) created the SMA. Part IV, Sections 20-26 details the regulation of the spectrum by the Minister and the role of the Authority in advising the Minister on matters related to spectrum management. In its advisory capacity, the SMA is integrally involved in ICT Policy Reform.
In summary, the fundamental role and responsibility of the Authority under the Telecommunications Act is to ensure the efficient use of the radio frequency spectrum. This includes advising the Minister on the:
Section 20 (4) of the Telecommunications Act indicates that the Minister may delegate any of his/her functions (other than the powers of delegations to the Authority). In keeping with this, the Minister in the Telecommunications (Delegation of Function) Order, 2009 delegated to the Authority the function of the Minister exercisable under Section 20 (2) (c) of the Telecommunications Act in relation to the issue of Spectrum licences save and except for mobile spectrum licences and wireless broadband spectrum licences. (See Appendix 1)
Consistent with Section 26 of the Telecommunications Act, the Authority is financed through a cost-recovery mechanism whereby licenced spectrum users are required to pay Regulatory fees to cover the Authority’s reasonable operating costs. The fee mechanism was developed in consultation with spectrum users and is constituted in The Telecommunications (Spectrum Regulatory Fees) Regulations 2003, Jamaica Gazette Supplement Number 33, in April 2003. (See Appendix 2)
The Spectrum licence fees collected by the SMA on behalf of the Government are remitted to the Consolidated Fund.
The SMA continues to employ enforcement measures through inspectors gazetted under the Radio and Telegraph Control Act and the Counter-Terrorism and Organized Crime Investigation Branch (C-TOC) to carry out permissible enforcement actions under the law. The Division’s actions are guided by the provisions of the Radio Telegraph and Control Act, Telecommunications Act and the Broadcasting and Radio Re-diffusion Act.
The Data Protection Act (DPA) was passed in Parliament in 2020 and became effective December 2023. The regulations serve as a guideline for the lawful handling of personal data and the protection of information, to safeguard the rights and privacy of individuals.
Safeguarding Personal Data
‘Personal data’ is defined by the DPA as any information that can be used to identify an individual. It includes race, gender, photograph or other facial image, fingerprint, footprint, retina scan, blood type, height, eye colour, signature, voice recognition, physical or mental health condition, membership in social clubs, political opinions, religious beliefs, criminal records, etc. Any such information must be handled in compliance with the standards outlined in the DPA.
Consent and Right of Access to Personal Data
Personal Data is now more accessible than before, as it can be transmitted with a simple click, a swipe or a tap. A data controller – any person or public authority which determines the purposes for the which data is used – shall not process personal data without the consent of the individual to whom the data belongs (data subject). A data subject’s consent must be sought, obtained and recorded; consent can be withdrawn at any time.
The DPA outlines a person’s right to determine if and how their personal data is used.
An individual is entitled to know, free of charge:
The Access to Information Act (ATI Act) of 2002 in Jamaica grants citizens the legal right to access official government documents, promoting transparency and accountability, but with certain exemptions for sensitive information.
Key Features of the Act:
The Act provides a general right for the public to access official documents held by public authorities.
The Act aims to promote transparency and accountability in government, allowing citizens to participate in decision-making.
The Act includes exemptions for certain types of information, such as national security, cabinet deliberations, law enforcement matters, and personal privacy.
To request access to information, individuals can complete an application form or write a letter, including contact information, and specify the documents they are seeking.
Individuals can request an internal review of a decision not to release information and may appeal to the ATI Appeals Tribunal.
The Act aims to reinforce fundamental democratic principles, including improved, more transparent government, greater accountability, and increased public influence on national decision-making.
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