NCA sanctions on radio stations still hold as case adjourned by tribunal

The Electronic Communications Tribunal has adjourned the case in which the Ghana Independent Broadcasters Association (GIBA) has filed an appeal at the Tribunal seeking redress for nine of its members affected by the September 2017 sanctions.

The adjournment was made at the instance of the National Communications Authority (NCA). The sanctions imposed on the rest of the stations will, however, hold until the NCA announces otherwise.

A release issued by the NCA in Accra on December 4, explaining why the case was adjourned said per the Electronic Communications (Rules of Procedure of the Electronic Communications Tribunal) Regulations 2016, LI 2235 stated in Regulation 9 that an appeal shall not operate as a stay of execution in respect of the decision or order appealed against, except where the tribunal otherwise determines.

It said despite the sub regulation (1), an appellant may reply to the Tribunal by motion on notice for a stay of execution of the decision or order that the appellant had appealed against.

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“A decision or order that is the subject of an appeal shall be stayed when an application under sub regulation (2) is pending. The authority shall stay the execution of a decision or order where  the Tribunal makes an order under sub regulation (2) to that effect; or an application under sub regulation (2) is pending,” the release said.

“It was based on this that the Tribunal adjourned the hearing at the request of the NCA. The stay of execution, thus, applies to the nine appellants whose authorisations would have been revoked after a deadline,” the statement added.

The nine members, who belonged to about 131 stations sanctioned by the NCA for regulatory infractions, would have their sanctions stayed until the case was heard.

The nine stations being represented by GIBA are Mascott Multi-Service Limited (Atlantis Radio 87.9FM), Supermax Media Company (Max 102.9FM, Kalvice Company Limited (Kaleawo 107.3FM), Network Broadcasting Limited (Radio Gold 90.5FM) and Progress Multimedia Limited (Radio Hogbe 106.5FM).

Digital Broadcasting Systems Company Limited (Vision 90.9FM), Singwado Broadcasting Company (Radio Silver 92.3FM), Trickie FM Limited (Trickie 99.5FM) and Gary Express Service Limited (Beach 105.5FM).

The Authority also assured the public that until the hearing was concluded, efforts would be made to ensure compliance from all licencees and authorisation holders.