PROTOCOL AMENDING THE TREATY ESTABLISHING THE EASTERN CARIBBEAN TELECOMMUNICATIONS AUTHORITY
The Parties to the Treaty Establishing the Eastern Caribbean Telecommunications Authority (hereinafter referred to as the Contracting States),
CONSIDERING: that there is need to respond to the dynamic and electronic communications market that is characterized by significant changes in the number and type of market players;
CONSIDERING: that the increasing convergence between services, networks and technologies in the telecommunications sector has created a more fluid electronic communications sector encompassing infrastructure and associated networks and services that require a harmonized approach.
HAVE AGREED as follows:
USE OF TERMS
In this Protocol unless the context otherwise requires:
“Director-General” has the meaning assigned under Article 1 of the Treaty;
“Organisation” has the meaning assigned under Article 1 of the Treaty;
“Treaty” means the Treaty Establishing the Eastern Caribbean Telecommunications Authority signed at St. George’s, Grenada on the 4th day of May, 2000 and includes any amendments which take effect either provisionally or definitively (hereinafter referred to as “the Treaty”).
In the Preamble of the Treaty replace “telecommunications” with “electronic communications”.
In Article 1 of the Treaty –
Delete the definition of “telecommunications”, “telecommunications licence”, “telecommunications provider” and “telecommunications services”.
Replace the definition of “frequency authorization”, “Organisation”, “universal service”and “Universal Service Fund” as follows:
“frequency authorization” means an authorization to use radio frequencies in connection with the operation of an electronic communications network or the provision of electronic communications services under a licence or otherwise;
“Organisation” means the Organisation of Eastern Caribbean States established by the Treaty of Basseterre on 18 June, 1981, as amended by the Revised Treaty of Basseterre, 18th June 2010;
“universal service and access” means universal service and access as defined by Contracting States;
“Universal Service and Access Fund” means the Fund established by Contracting States under Article 12.
Insert the definition of “electronic communications”, “electronic communications equipment manufacturer”, “electronic communications network”, “electronic communications service” and “licence”, as follows:
using wire, radio frequency, optical, other electromagnetic means or by way of any other technology, whether with or without the aid of tangible conduct;
“electronic communications equipment manufacturer” means a person who makes equipment or apparatus for the purpose of or intended to be used for electronic communications as part of or comprising an electronic communications system;
“electronic communications network” means transmission systems and, where applicable, switching or routing equipment and other resources which permit the conveyance of signals by wire, radio, optical signals, electricity distribution systems, high-voltage lines or other electromagnetic means, including networks for radio and television broadcasting and cable television networks;
“electronic communications service” means a service provided wholly or partially by the conveyance of signals on an electronic communications networks;
“licence” means a licence issued to a person for the operation of an electronic communications network or the provision of an electronic communications service.
In the definitions of “class licence” and “terminal equipment” replace “telecommunications network” with “electronic communications network” and “telecommunications service” with “electronic communications service”.
In the definition of “individual licence” replace “telecommunications licence” with “electronic communications licence”.
In Article 3 of the Treaty replace “telecommunications” with “electronic communications” and “a Telecommunications” with “an Electronic Communications”.
In Article 4 of the Treaty replace “telecommunications” with “electronic communications”, “telecommunications providers” with “electronic communication providers” and “a universal service” with “universal service and access”.
In Article 5 of the Treaty –
Replace “telecommunications” with “electronic communications”.
Replace paragraphs (d), (g), (h) and (l) as follows:
“(d) recommend to the Contracting States the types of electronic communication networks or electronic communication services subject to a licence and exemption, if any;
(g) design and operate open tender procedures for licenses related to electronic communication networks and electronic communications services as requested by Contracting States;
(h) subject to article 11, review an application for a licence;
(l) recommend to the Contracting States classes and sub-classes of licenses, an appropriate fee structure for licenses or other matters for or in relation to the conduct or regulation of electronic communications”.
In Article 6 of the Treaty replace “telecommunications” with “electronic communications”.
In Article 7 of the Treaty replace “telecommunications” with “electronic communications”.
In Article 8 of the Treaty replace “telecommunications” with electronic communications in paragraph 3 sub-paragraph (b) and “telecommunications legislation” with “electronic communications legislation” in paragraph 3 sub-paragraphs (h), (m) and (n).
In Article 9 of the Treaty replace “telecommunications provider” with “electronic communication provider”, “telecommunications” with “electronic communications”.
Replace Article 11 paragraph 1 of the Treaty as follows:
In Article 11 paragraph 2 of the Treaty replace “universal service” with “universal service and access” and “telecommunications” with “electronic communications”.
In Article 12 of the Treaty replace “universal service” with “universal service and access” and “telecommunications” with “electronic communications”.
In Article 13 paragraph 1 of the Treaty –
Replace “may” with “shall”.
In sub-paragraph (b) change “mediation” to “resolution” and replace the full stop with a semi-colon.
Insert a new sub-paragraph (c) as follows:
(c) refer the matter to ECTEL for arbitration.
In Article 17 of the Treaty delete paragraph 2.
This Protocol shall remain open for signature by the Contracting States to the Treaty and the countries referred to in Article 22 of the Treaty.
This Protocol is subject to ratification by the signatures in accordance with their respective constitutional process.
This Protocol shall take effect after it is accepted by all the Contracting States, and the instruments of acceptance is deposited with the Secretariat of the Organisation.
This Protocol shall be deposited with the Secretariat of the Organisation and the Director-General of the Organisation shall notify all signatories of each such deposit.
IN WITNESS WHEREOF the undersigned have signed this Protocol on behalf of their respective Governments and entered into force on the 5th day of December, 2019.
For the Government of:
Commonwealth of Dominica: Ratified on 9th July, 2019
Grenada: Ratified on 15th March, 2019
Saint Christopher and Nevis: Ratifed on 28th January, 2019
Saint Lucia: Ratified on 5th December, 2019
Saint Vincent and The Grenadines: Ratified on 8th January, 2019
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