s.26Procedure for the grant of a licence
26
Section 26Part 3 — Licensing

Procedure for the grant of a licence

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A person who wishes to apply for a licence or the renewal of a licence shall, in accordance with a procedure determined by the Office submit an application for consideration by the Office, and the application shall be in the form approved by the Office and accompanied by the applicable licence fees.
The Office may where necessary, before granting or renewing a licence under this section, take into account the following matters —
whether the applicant possesses the technical qualification necessary to perform fully the obligations attached to the licence for which the applicant is applying;
whether, during the term of any current or prior licence, if any, the applicant has complied with all terms, conditions, specifications and requirements of any licence, order, directive, rule or regulation pertaining to such licence;
whether the applicant intends to perform the obligations attached to the licence for which the applicant is applying in a period of time which, in the opinion of the Office, is reasonable;
whether the applicant is a fit and proper person to be granted a licence;
whether the interests of subscribers, purchasers and other users of ICT services or ICT networks will be protected
whether competition among providers of ICT services and ICT networks will be promoted;
whether the applicant has, at the date of application for a licence or proposes to have within a specified time after a licence has been issued, participation by Caymanians and, if so, the nature and extent of any such participation, including without limitation, the level of beneficial ownership by Caymanians, if any, and any participation by Caymanians as directors, management or otherwise;
whether research, development and introduction of new ICT services and ICT networks will be promoted;
whether foreign and domestic investors will be encouraged to invest in the ICT sector; and
whether the public interests of and the security interests of the Islands will be safeguarded.
In determining, for the purposes of this Act, whether a person is a fit and proper person, regard shall be had to all circumstances, including evidence of that person's —
honesty, integrity and reputation;
competence and capability; and
financial soundness.

Defined Terms

fit and proper person

Referenced By