The Telecommunications Regulatory Authority (TRA) has issued an Order against Viva, under Article 35 of the Telecommunications Law, concerning a severe and continuing breach of Viva’s obligations resulting from its non-compliance with various conditions contained in its Frequency Licence, its Individual Mobile Telecommunications Licence and its National Fixed Services Licence.
Viva’s non-compliance refers to the unauthorized upgrade of 165 fixed point-to-point microwave links, thereby exceeding the bandwidth limitations set out in the Frequency Licence.
A fine has been imposed by TRA for the breach which includes a penalty for the period of unauthorized use of spectrum. In addition VIVA has been ordered to pay the outstanding spectrum licence fees due in respect of the upgraded links. TRA has ordered VIVA to downgrade all unauthorized links, within 90 days from the date of the order.
Under Article 35 of the Telecommunications Law, TRA has the power to issue fines and also take enforcement action requiring licensed operators to comply with the various provisions of the Telecommunications Law, or any condition of a licence granted to operators by TRA.