Reprieve for sanctioned FM stations
Commercial FM broadcasting stations which were sanctioned by the National Communications Authority (NCA) for various infractions have had their penalties halved by the Ministry of Communications.
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The defaulting stations have been given a 30-day ultimatum, beginning October 20, 2017, to pay the 50 per cent reduced penalties or have their authorisations revoked.
Waiver
A statement issued by the Minister of Communications, Mrs Ursula Owusu-Ekuful, last Friday said the pecuniary penalties which were imposed on community and institutional FM broadcasting stations had been waived.
“These stations are to regularise their operations; pay their outstanding indebtedness (Annual Regulatory and Spectrum fees) and submit renewal applications and all outstanding documentation, as applicable, within 30 days from the date of this release, Friday, October 20, 2017. Failure to do so will result in the revocation of their authorisations,” it directed.
Review
Broadcasting stations which had their authorisations revoked have been given the opportunity to petition the minister for a review of their revocation within 10 days.
“The stations in this category have the option to petition the Honourable Minister for Communications for a review of the revocation of their authorisation within 10 days from Friday, October 20, 2017. After receipt of their petitions, they will be reviewed on a case-by-case basis, following which the minister will determine the applicable sanctions,” the statement said.
The directive by the minister followed a presentation she made on the floor of Parliament last Thursday.
Background
The National Communications Authority (NCA), in September this year, sanctioned 131 radio stations for violating certain aspects of the Electronics Communications Act (2009), Act 775.
Thirty-four of the radio stations had their licences revoked because their authorisations had expired and they were operating illegally.
Twenty-one broadcasting stations had their authorisations revoked completely, since their authorisation had expired over several years and they were operating illegally.
Furthermore,13 FM authorisation holders were issued with reprieves, as pertained to their authorisations.
A statement published on the website of the NCA had explained that the sanctions followed the completion of a nationwide FM spectrum audit conducted this year.
The audit was to determine compliance of authorisation holders with their authorisation conditions and determine which FM stations were in operation or otherwise.
The FM Spectrum Audit, according to the statement, also formed part of a wider and ongoing audit of all services regulated by the NCA, including TV and Internet service providers (ISP).
Regional breakdown and fines
Some of the affected stations in the Greater Accra Region are Radio XYZ, Atinka FM, Radio Gold and Atlantis Radio.
Radio XYZ has been slapped with a fine of GH¢4,090,000, while Atinka FM has been ordered to pay a fine of GH¢14,800,000.
Radio Gold and Atlantis Radio have been ordered to pay GH¢61,330,000 and GH¢60,350,000, respectively.
In the Ashanti Region, the following stations are among those which were sanctioned: Price FM, Dess FM, Hello FM, New Mighty Radio and Zuria FM.
New Mighty Radio and Zuria FM were each slapped with a fine of GH¢37,820,000.
In the Brong Ahafo Region, only the Voice of Sene was sanctioned.
Cape Coast FM and Kantinka FM in the Central Region are among the stations that were fined.
In the Eastern Region, Akwatia FM was fined.
Radform FM in the Upper West Region was also fined.
Radio Kitawoln and Northern Voice Radio in the Northern Region are among the stations sanctioned.
From the Volta Region, Kaleawo FM and Radio Hogbe were slapped with fines.
Defiant stations
Seven of the sanctioned radio stations defied the order to stop operating, which incurred the wrath of the NCA, which threatened to crack the whip on the stations for defying its orders.
Two of the stations are in the Northern Region, with one each in the Brong Ahafo, Greater Accra, Volta, Ashanti and Western regions.
The Director of Consumer and Corporate Affairs of the NCA, Mrs Nana Defie Badu, who declined to name the stations, had told the Daily Graphic that the authority had written to those stations to stop broadcasting or risk a physical action to shut them down.
Section 13 of the Electronics Communications Act (2008), Act 775, empowers the NCA to suspend or revoke a licence or a frequency authorisation on several grounds.
They include when the licence or the authorisation holder fails to comply materially with any of the provisions of the act, regulations or the terms and conditions of its licence or frequency authorisation, and when the licensee or the authorisation holder fails to comply materially with a lawful direction of the authority or the licensee or the authorisation holder is in default of payment of a fee or other money charged or imposed in furtherance of the act.