Overview
1.0 BACKGROUND
The Spectrum Management Authority (“SMA” or “the Authority) is a limited liability company wholly owned by the Government of Jamaica and is an agency within the Information and Telecommunications Department of the Office of the Prime Minister. It was established in 2000 pursuant to the Telecommunications Act, 2000 and became operational in April 2001.
The SMA is the national regulator for the radio frequency spectrum and, as such, is an advisory body to the Minister with principal responsibility for telecommunications who has the responsibility for the regulation of the spectrum under the Telecommunications Act, 2000 .
The Authority is governed by a Board of Directors appointed by the Minister. The daily operations of the SMA are overseen by its Managing Director.
The SMA works closely with other related regulatory agencies, including the Office of Utilities Regulation (OUR), the Broadcasting Commission, the Fair Trading Commission, and the National Environment & Planning Agency, in formulating policy and legislation in relation to the communications industry.
2.0 INSTRUMENT OF ESTABLISHMENT
The Spectrum Management Authority was established pursuant to Section 21 of the Telecommunications Act, 2000. According to the Act, the function of the Authority shall be to advise the Minister on any matter referred to it by the Minister and to perform any function delegated to it by the Minister.
In keeping with the recommendations of the International Telecommunications Union (ITU), the Authority was established as an independent regulatory body responsible for managing the radio frequency spectrum. This was against the background of Jamaica’s international commitments to the World Trade Organization’s (WTO) telecommunications agreement, and the policy objectives enunciated by the Government of Jamaica (GoJ) with respect to the telecommunications sector.
3.0 MISSION
“To ensure the efficient management of Jamaica’s frequency spectrum in keeping with international best practices and in the interest of social, economic and technological development.”
4.0 SMA’S OPERATIONS
The Authority creates a regulatory environment that will facilitate the utilisation of the spectrum leading to the growth and development of Jamaica’s wireless communication industry.
The Authority’s main functions are:
- To license and/or authorise users of the spectrum
- To collect the relevant fees associated with the use of the spectrum
- To preserve the spectrum rights of all legitimate users of the spectrum
- To ensure the maintenance of frequency bands that are free from interference and unauthorised use.
In carrying out its mandate the Authority is guided by its principal legislative framework which is the Telecommunications Act, 2000 and relevant sections of the Radio and Telegraph Control Act, 1973.
Internationally, the SMA manages the radio frequency spectrum in accordance with the rules and regulations of the ITU. The ITU is the leading United Nations agency for information and communication technologies.
The operations of the Authority are divided along functional lines into five (5) Divisions: Spectrum Engineering Division comprises the following departments:
- Band Planning - Activities within this department are centered on improving the processes which would lead to more efficient assignment and monitoring of the spectrum. These include the development of a National Frequency Allocation Chart and Allocation Table and, the assignment of specific frequencies to clients.
- Inspection & Monitoring - The work of this department includes the resolution of interference problems reported by clients, as well as to provide technical support in the identification and investigation of the illegal use of the spectrum. This department also has the responsibility for the operation and management of the remote and mobile monitoring facilities.
- Operating Systems and Special Projects - The role of this department is to increase the operational efficiencies of the SMA by recommending and implementing appropriate systems/tools to be utilised by the organisation, and to provide oversight of existing systems to ensure that they are properly utilised and upgraded so as to continue to obtain maximum value in enhancing the functional efficiency and effectiveness of the various departments.
Legal Affairs Division is responsible for the legal and regulatory portfolio of the SMA. This includes assessing the operations of the SMA and ensuring that all activities are within the framework of the existing legislation and compliant with policy objectives. The division provides legal support to all divisions of the SMA, as well as to the Board of Directors. The enforcement function of the Authority falls under the Legal Division which includes overseeing the identification and elimination of the illegal use of the spectrum. The Director, Legal Affairs is also the Company Secretary and Access to Information Officer.
Policy and Strategic Planning Division is responsible for formulating suitable policies and to develop strategic plans in order to facilitate the most efficient allocation of the spectrum as well as provide the GOJ with a reasonable income from such assignments. This division coordinates the policies between the SMA, the Ministry, the OUR, the Broadcasting Commission and other related local, regional and international bodies. This division is also responsible for the development of the corporate plans for the Authority as well as monitoring and reporting on the performance of the Authority.
Finance & Administration Division is responsible for providing the SMA with all the financial and administrative support required to process new applications and renew licenses, invoice all licensees and collect such fees, manage all financial transactions, prepare all financial statements and reports. The Director oversees the preparation of the budget for the Authority and ensures that the SMA adheres to its statutory financial and fiduciary responsibilities.
Human Resources Division is responsible for the human resources portfolio of the SMA. This involves formulating strategies and plans to ensure that employee potential at the Authority is maximised. This Division is responsible for performance management, training, employee benefits and all matters related to staff welfare and development. The division also oversees public relations and communication.
5.0 FUNDING FOR THE SMA
The Authority is self-funded through a cost-recovery mechanism which requires that spectrum licensees pay spectrum licence fees and regulatory fees for use of the radio frequency spectrum.
Spectrum licence fees are collected on behalf of the GOJ; these fees are paid into the Consolidated Fund.
Regarding regulatory fees, a mechanism was developed in consultation with spectrum users and was formalised by the Telecommunications (Spectrum Regulatory Fees) Regulations, 2003.
