Understand more about the process…

The Government of Jamaica (GOJ) is keen to build on their existing modern fixed-line and mobile telephony and Internet infrastructure; and to continue the establishment of a world-class telecommunications infrastructure and services, so as to attract increased investments in the country.

The licensing process is initiated when the Minister with portfolio responsibility for Telecommunications, issues a directive pursuant to the Act, specifying the number and type of licences to be issued. The Act also provides for the Office of Utilities Regulation (OUR) to receive and process applications for new Telecoms Licences and to make recommendations to the Minister in relation to such applications.

If you wish to establish a Telecoms Operation, you must first apply for and be granted a Telecoms Licence. In keeping with the Act, an individual or business cannot own or operate a Telecoms Facility in Jamaica unless they are the holder of a Telecoms Licence.

There are currently two (2) categories of licences that are being offered under the Telecommunications Act, 2000.

• A Carrier Licence: The Licensee is authorised to own and operate the facilities specified in the application and detailed in the licence
• A Service Provider Licence: The Licensee is authorised to provide services specified in the application and detailed in the licence.

The Act also sets out the procedures and process by which the OUR will solicit and process applications for Telecoms Licenses and provide recommendations to the responsible Minister (Minister of Science, Energy and Technology) for issuance of those licences.

For more information, continue to the next step of this business process guideline.

Licence application factors/criteria to consider…

Invitation for Applications:

 

• In order for you to submit an application for a Telecoms Licence, the Minister of Science, Energy and Technology (Minister) must first direct the OUR in writing to invite applications for the grant of carrier or service provider licences or both and such direction shall specify:
  • the number of licences to be issued
  • the facilities or specified services, as the case maybe, in relation to which the licences will be granted.

• Upon receipt of a direction the OUR shall publish a “Notice” in a daily newspaper circulating in the Island, containing information as to:
  • the service area to be covered by the licence
  • the technical limits of the licence
  • the technical, legal and financial requirements to be met by applicants
  • the number of licences to be issued
  • the type of conditions to be included in a licence
  • such other information as the OUR considers relevant

• Based on the above and under the Act, interested individuals/businesses may then prepare an application for a Telecoms Licence for submission to the OUR.

Applicant Declaration Form:

• The application should be accompanied by the prescribed application fee and an “Applicant Declaration Form” indicating that:
• The applicant undertakes to comply with the provisions of this Act relating to the type of facility or specified service to which the application relates, including:
  • interconnection obligations
  • universal service obligations
  • licence limitations
  • network expansion requirements
• The applicant is not disqualified from being granted a licence by reason of any legal impediment.
• The applicant possesses the technical qualifications to fully perform the obligations imposed by the licence.
• The applicant satisfies the financial requirements for the construction and operation of the facility or the provision of the services to which the application relates.

Application Review Factors:

• The following factors must be taken under consideration by the OUR prior to making a recommendation for a grant of licence to the Minister:
  •  
• • If the applicant is a fit and proper person to be granted a licence
  • If the applicant is an undischarged bankrupt
  • If the applicant has previously been granted a licence which was revoked
  • If a connected person (to the applicant) has previously been granted a licence which was revoked
  • Any other matter as the OUR considers fit for consideration

Complete the relevant form(s) and provide any supporting information/documents…

In order to complete and submit your application for a telecoms licence, you may visit the OUR in person to collect your application form, or digital copies may also be downloaded from the OUR's website at www.our.org.jm, or by arrangement, the OUR will also dispatch it by courier at the applicant's cost.

Application Requirements:
All applications and supporting material should be submitted in English. Each application must state that it is being submitted pursuant to an invitation. In order to ensure your applications are processed expeditiously and within the relevant time-frame, please verify that all the information is completed fully, and the required supporting documents/information are submitted along with your application.

A separate application form and set of documents are required for each category of license for which you are applying. Your application fee should also be paid at the time of submission. Complete and submit your application form along with the other relevant supporting documentation/information indicated below:

• Application Form to be completed and submitted to OUR. Please specify type of licence being applied for:
  • Application for Carrier or Service Provider Licence 
  • Declaration of Applicant Form 
• Other Supporting Documents to be included with all applications must also be submitted:
  • Certified Copies of Company Incorporation Documents for the relevant jurisdiction (local and overseas businesses):
    • Certificate of Incorporation. See register a business.
    • Articles of Incorporation
    • Memorandum of Association/Articles of Association (where relevant)
• Other Supporting Information to be included in the application, but not limited to the following:
  • Other particulars of the Applicant:
    • Address of company’s registered office.
    • Name of principal applicant (must be a Director of the Company) and contact details including telephone & fax numbers as well as email address.
    • Names of registered businesses, addresses and dates of appointment of the directors, the chief executive officer and the company secretary.
  • Detailed List for Shareholders’ addresses and country of domicile and shareholdings of all shareholders holding more than 10% of any class of shares in the company. Contact information including telephone number, facsimile number and email addresses.
  • Agent’s Particulars including name and address of any person or organisation acting on behalf of the applicant. Contact information in Jamaica including telephone number, facsimile number and email addresses.
  • Company’s Auditors Particulars including name and contact information.
  • Audited Financial Statement for period ending not later than one year prior to the date of this application, if the applicant has been incorporated for longer than eighteen months.
  • Details of Network or Service. Should at a minimum, include a clear description of the service to be provided.
    • Detailed description of the network and the functions to be performed by key network components.
    • The Applicant’s network has to be differentiated from the other operators’ in the network diagram.
    • The attached diagram needs to coincide with what has been described in the narrative.
    • The diagram must show and the narrative describes the functions of the key network elements of the Applicant’s network. Network elements such as routers, etc., must be clearly represented with type designations.
    • Where necessary, show detail in the way of the local arrangements for termination of calls for handing off to the local carriers. This should include the type of equipment and if the equipment will be hosted by an existing Carrier, show the co- location facility showing any interconnection with the company in Jamaica or whether it will be at another facility etc.
    • The network diagram representations must be appropriately labelled and should show where network facilities are located (within or outside of Jamaica).

At any time before making its recommendations to the Minister, the OUR may request and the Applicant may submit additional information in respect of any application. See OUR list of application requirements.

Submit your completed application…

Submission Requirements:

Once your application form and any relevant supporting information/documents have been completed, signed, stamped and certified where required; you will need to visit OUR’s offices to submit your application for a Telecoms Licence and pay the relevant fee. Applications may also be submitted via email to consumer@our.org.jm or sent by post to P.O. Box #593 at the address below.

All applications should be submitted with the prescribed fees to the OUR. A receipt evidencing delivery of application will be given for each application submitted to the OUR. Receipts will be mailed by ordinary post to applicants who submit applications by registered post.

The address and contact information for the OUR is indicated below:
 

Office of Utilities Regulation
Resource Centre
PCJ Building
36 Trafalgar Road
Kingston 10
Jamaica W.I.
Tel: 1 (876) 968-6053; 968-6057
Fax: 1 (876) 929-3635
Email: consumer@our.org.jm 

Monday – Thursday: 8:30 am – 5:00 pm
Friday: 8:30 am – 4:00 pm

Pay the relevant processing fees…

You will be required to pay a non-refundable application fee to the OUR for processing your application for a Licence. If successful, you will also be required to pay a licence fee prior to the issue of your Licence.

A separate fee is payable in respect of each application for each category of licence (carrier/service provider). This payment shall be made by cash, certified cheque or bank draft made payable to the Office of Utilities Regulation. Also, to facilitate payments for applications and licences, please see: OUR's Wire Transfer Bank Info.  

Application Fees:

Carrier Licence:	Non-refundable fee - JMD $65000 (one time)
Service Provider Licence:	Non-refundable fee - JMD $65000 (one time)

 

Licence Fees:

See list of Licence Fees to be paid annually under each category of Licence.

Carrier Licence:	1% of revenue per annum (i.e. ≥ JMD $300,000)
Service Provider Licence:	1% of revenue per annum (i.e. ≥ JMD $50,000)

 

The OUR may impose an annual regulatory fee in relation to all carrier licences and service provider licences issued under the Act.

Please note: Fees are subject to updates.

Processing Time:

• Carrier Licence - approximately ninety (90) working days.
• Service Provider Licence - approximately ninety (90) working days.

Process steps required for approval…

In carrying out its functions the OUR must ensure that due diligence procedures are applied when processing your application for a telecoms licence. The due diligence process will commence after the OUR has received your completed application, accompanied by all the relevant supporting information/documents and they are accepted for assessment. Payment of the non-refundable application fee should also be made by the applicant. Depending on your category of licence, successful applicants may be required to pay an additional licence fee.

Once your application(s) has been submitted, the OUR will review your application for completeness and will notify you of any additional information that may be required. If your application submission is complete, then the following steps will be taken as part of the overall process:

For Telecoms Licence Applications:

• Licence Application Review - to ensure the OUR requirements are met:
  • Applicant Declaration Form
  • Application Review Factors
• Application Evaluation – to ensure OUR eligibility criteria for issuance of licence met
  • Financial Review
  • Legal Review
  • Technical Review
  • Fit and Proper Enquiry
• Notice on Particulars of Application published - the Act requires that the particulars of the application are published in the Gazette and a daily newspaper at the applicant’s cost. Interested parties will be allowed thirty (30) days for submitting comments to the OUR.
• Final Committee Report - agencies’ recommendations collated and report prepared by OUR.
• Recommendation to the Minister - made by the OUR.
• Minister’s Decision - made by the MSET to grant licence (or refuse)
• Notification of Licence Approval - MSET will advise the applicant whether the application was successful and for the licence fee to be paid.
• Licence Fee Paid - (for Carrier or Service Provider) by applicant upon notification of approval; online or in person and submits proof of payment to Ministry.
• Licence Document Prepared - (for Carrier or Service Provider) by MSET.
• Licence & Terms of Conditions Issued - (for Carrier or Service Provider) and electronic copies sent to the Applicant and OUR.

During the “Application Evaluation Period”, the OUR reserves the right to conduct further discussions with, and request further and better particulars from applicants, if necessary. Applicants should be prepared to send a representative(s) to the offices of the OUR to discuss their applications and supporting documentation, if so requested by the OUR.

Licences granted by the Minister are issued by the Ministry and copied to the OUR, who will maintain a register of all applications for licences and all licences granted pursuant to the Act, in electronic form.

• Once granted, your Telecoms Licence will be valid as follows:
• A Carrier Licence - for such period as is specified therein.
• A Service Provider Licence - for such period not exceeding fifteen (15) years.

To learn more about the guidelines and this process…please see OUR summary procedures or send an email to the OUR.

Collect your approved document(s)…

Once the review and assessment process has been completed, the Ministry of Science, Energy and Technology (MSET) will notify you that your application for your Telecoms Licence has been granted and that you may visit Ministry to collect your documents.

At the end of the process you would have received the following:

• Your Telecoms Licence & Terms of Conditions