2.3 Issuing General Authorizations

This section provides further information on a subject introduced earlier in this module, namely issuing general authorizations.

While individual licences  are granted to a single service provider at a time, general authorizations provide authority for a whole class of service providers to provide service or operate facilities.  A general authorization normally prescribes any eligibility conditions and ongoing regulatory conditions for provision of the service.

For example, a general authorization might approve the operations of all VSAT service providers that meet certain conditions, such as: (1) registration with the regulator, (2) use of ITU-co-ordinated satellite service providers authorized in an ITU member country, (3) approval of earth station equipment under national spectrum regulations, and (4) compliance with any consumer protection or spectrum management regulations established by the regulator. Most general authorizations would contain more conditions; however, all would apply equally to all VSAT service providers. In this example, any entity that meets these four conditions would be entitled to start providing VSAT services, without the need to obtain a specific authorization or to go through any other authorization procedure.

With general authorizations, the regulator normally has no discretion to grant or withhold an authorization to a particular person. If a person meets the eligibility criteria for obtaining the general authorization and complies with the conditions of the general authorization, that person is automatically authorized.

A few countries have introduced variations on the theme of general authorizations. For example a general authorization may only permit a specified number of service providers of a specific class. These may be authorized on a first-come-first-served basis or using some other form of selection process. Nevertheless, all authorized service providers of the same class are subject to the same conditions, leaving intact one of the key principles of general authorizations. The Saudi Arabian Telecommunications Bylaw establishes several types of class authorizations, which include some of the features described above.

Another variation that is common in developing and transitional economies relates to the eligibility criteria for obtaining a general authorization.  It is not uncommon for applicants in developing and transitional economies to be required to establish that they meet a wide range of eligibility criteria, including criteria related to financial viability, operational experience, and technical expertise.  The licensing process for issuing general authorizations in such countries thus involves the submission of a detailed application and supporting materials and careful regulatory scrutiny.  However, the licensing process is not competitive per se and all successful applicants of the same class are issued a standard authorization.  Thus, while the licensing process may involve a more detailed evaluation of applicants and more onerous eligibility criteria, the process still bears the hallmarks of a general authorization regime.  To see an example of this type of general authorization framework, review the materials on “Type A Class Licences” in the St. Lucian Procedures Manual for Licence Applications.  A link to this document is set out below.   

See also Box 1, which sets out the regulatory provisions governing the grant of Class Licences by the Pakistan Telecommunications Authority.  Notably, although the Pakistan Telecommunications Authority (PTA) has more discretion to reject an application than many other regulators, there are clear criteria that the PTA must take into account when making its determination.  Furthermore, applicants have the procedural right to be heard before the PTA rejects an application.  The PTA also is required to provide detailed reasons for any refusal to grant an application.  These provisions help to offset the risk of arbitrary or unfair licence application determinations.