OE-CNT-DEC20140007 and OE-CNT-DEC20140008: CONATEL regulations creating a sanctions committee and governing changes, assignments and transfers of operating licences (Le Moniteur, 169th year No. 221, 20 November 2014)

Le Moniteur, 169th year No. 221, of Thursday 20 November 2014, carries two CONATEL regulations and extracts from the trade and manufacturing marks register.

Regulation OE-CNT-DEC20140007 of 29 October 2014 creates the disciplinary body that was missing from the sanction articles of the decree of 12 October 1977. Article 2 names it the Comité des Sanctions and opens it to referral. Article 3 composes it of the Avocat Conseil as chair, a CONATEL lawyer as rapporteur, and three technical directors or members of the Direction Générale's technical bureau designated by the director general. Article 4 lets the director general name a replacement lawyer when the Avocat Conseil is absent. Article 5 puts the director general in charge of screening a complaint and referring the file, informing the operator and fixing the hearing date. Article 6 casts the technical director handling the file as the accuser and allows other operators to be called as witnesses. Article 7 gives the committee three clear days from the hearing to settle its disciplinary ruling. Article 8 lets it fine a founded violation between 100,000 and 5 million gourdes, with any additional sanctions the telecommunications laws provide. Article 9 requires an absolute majority with no abstention, and submits the decision to the director general's signature without power to alter it. Article 10 preserves the right of appeal under Article 147 of the 1977 decree, and Article 11 routes fines to the Direction Générale des Impôts under Articles 149 and 150.

Regulation OE-CNT-DEC20140008 of 31 October 2014 controls changes in what a licence covers and who holds it. Under Article 18 of the 1977 decree, Articles 1 and 2 subject any change to the services, rights, obligations or prerogatives of a permit holder to prior authorization. Articles 3 and 4 do the same for any merger or grouping of networks or services between two or more permit holders. Articles 5 and 6 extend it to any assignment, whole or partial, of shares or title in a permit holder. Article 7 fines a breach an amount equal to the sum at stake, and Article 8 puts the regulation in force on publication.