By Staff Writer
The Office of the Regulator, OOTR, has defended its decision to stop the free Internet hookup for schools in Savaii by a private company for doing so with out legal permission.
The Acting Regulator Ms. Cecily Fa’asau-Iakopo, clarified in a media statement that the Bluwave Wireless Ltd also known as Netvo Samoa Limited online roll out in schools was unauthorised.
The Acting Regulators said in the statement “…those who were in the position of Acting Regulator were neither aware nor informed of the project; and neither was there any official record that established official approval or authorization.”
“The Project was only discovered by OOTR staff during one of its Coverage and Service exercises in Savaii on or about 10 September 2020 and from there, inquiries were conducted,” the statement added.
“By law an application for grant of Spectrum License for the new and anticipated spectrum to be used for the new sites, should have been made.
“To remove any confusion a Spectrum License is not the same as a Telecommunication License, whilst Bluwave had authorization to provide Telecommunication services under its Telecommunication License, it did not have authorization for use of spectrum in order for the Project to operate.”
The statement clarified further that the Bluwave was directed through several correspondences and finally ordered to:
• Cease roll out and continuation of Project until regulatory measures are met and approved by the Regulator;
• Produce all relevant information, documentation relative to the Project and Bluwave operations, inclusive of Business, Technical and Procurement Plan for the Office of the Regulator’s perusal.
Upon receipt of documents provided by Bluwave in support and Projection of the reports and documents submitted against the approved Evaluation Criteria for License; Bluwave fell short of the pass mark for approval of a spectrum license to facilitate operation of the Project.
The situation is unfortunate but the rules are clear; to ignore them would essentially mean that OOTR will undermine the very legal instruments that dictate its mandates and proper process.
An analogy that comes into mind would be if someone stole food to feed his/her hungry child; the fact that his child was hungry does not justify his/her action right; and similarly the fact that the Project intends to service schools that may be in need of internet does not justify the act or omission of satisfying regulatory requirements.
In light of the decision the only other real concern is what is going to happen to the schools that may be affected by the decision; as such I think that the only other plausible action is:
• For Bluwave to follow proper regulatory measures, meet all relevant criteria for approval; and /or
• The Ministry of Education Sports and Culture and the Ministry of Communication and Information Technology must work together to see that the information and communication technology needs of the schools are met.
Meanwhile there is also the opportunity of a universal access mechanism which can be driven by the Office of the Regulator to assist with unserved or underserved areas, inclusive of the affected schools.”