GhanaWeb Feature by Ishmael Batoma:

The public is divided over the ongoing feud between the Minister of Communications, Digital Technology and Innovations, Samuel Nartey George, and Multichoice Ghana, the operators of DStv and GoTV.

While a section of the public supports Sam George’s order for the National Communications Authority (NCA) to suspend DStv’s service in seven days if they fail to reduce their prices, others are questioning the feasibility of the minister’s directive.

The debate over the impasse borders on the legitimacy of the minister’s order, with some saying his actions constitute an unnecessary interference in the affairs of a private business.

Some have even said that Sam George’s action can lead to the government being sued because he has no power to direct a private entity to reduce its prices and ultimately no power to order the closure of the entity.

DStv faces suspension in Ghana on August 7 over pricing

Sam George hits back at MultiChoice over DStv subscription price reduction

But who is right? Is Sam George doing the ‘right’ thing? What does the law say?

Electronic Communications Act, 2008 (Act 775):

The Electronic Communications Act, 2008 (Act 775) governs the issuance of broadcasting services in Ghana, especially with the matter in contention.

Article 2 of Act 775 gives the National Communications Authority (NCA) the power to regulate broadcasting services in the country.

“The National Communications Authority shall regulate the radio spectrum designated or allocated for use by broadcasting organisations and providers of broadcasting services in accordance with the standards and requirements of the International Telecommunications Union and its Radio Regulations as agreed to or adopted by the Republic,” Section 1 of Article 2 of the Act says.

In other words, without authorisation from the NCA, one cannot operate a broadcasting service in Ghana. If the NCA grants you the licence, it can also revoke them.

The NCA is an agency of the Ministry of Communications, Digital Technology and Innovations and hence is under the authority of the sector’s minister, which happens to be Sam George.

But can Sam George just order the authority to revoke or shut down a service provider?

When can the license of a broadcaster be suspended or revoked:

Article 13 of Act 775 lists the conditions under which the NCA may suspend or revoke a license or a frequency authorisation of a broadcast service provider.

The conditions include the failure of a licensee or the authorisation holder to comply with lawful direction — which Sam George and his proponents can argue is the case now; and “default of payment of a fee or other money charged or imposed in furtherance of this Act.”

The Authority can also suspend or revoke the license of a service provider “because of national security or if it is in the public interest.”

Despite the authority given to the NCA, and thus the communications minister, to revoke or suspend the licences of broadcasters, the law requires that the affected entity be given at least 30 days’ notice in writing.

“The Authority shall, before exercising the power of suspension or revocation under this section, give the licensee or the authorisation holder thirty days’ notice in writing of its intention to do so and specify in the notice, the grounds on which it proposes to suspend or revoke the licence or the frequency authorisation,” Article 13 (2) states.

The law also requires the NCA, after it has taken the decision to revoke or suspend the licence of a service provider, to give them the opportunity to have their say or even remedy the breach that led to the action of the authority.

The revocation or suspension of the license must take effect on a date stated by the Authority.

Universal access:

Article 24 of Act 775, which concerns universal access to service including broadcasting services, perhaps addresses the issue at hand.

Section 2 of Article 24 of Act 775 gives the minister the power to establish the policy on which the NCA is to regulate the services of broadcast services like DStv.

“In accordance with the policy established by the minister, the Authority shall determine (a) the manner in which universal access shall be provided, and (b) the obligations, if any, of the providers and users of the service,” it states.

Section (3) of the article also states that “The Authority may, with the approval of the minister, require (a) a provider of a private electronic communications service, closed user group service or value added service, and the users of these services and of any other electronic communications service to contribute to the funding of universal access.”

What the law says about DStv fees and other tariffs:

Another important part of Act 775, which covers the issue at hand, is Article 25. The article touches on Tariff — the prices DStv and other broadcast service providers should charge.

Section (1) of the article categorically gives the NCA the power to regulate prices. It states that “Tariffs for electronic communications services, except those which are regulated by the Authority under this section, shall be determined by service providers in accordance with the principles of supply and demand.”

The second part of the article lists the circumstances under which the Authority can regulate prices of service providers including instances of a service provider that has significant market power; a service provider with “significant market power and cross-subsidises another electronic communications network or service.”

The Authority is also mandated to regulate the prices of service providers if it detects anti-competitive pricing or acts of unfair competition.

In conclusion, Sam George’s order for the revocation of the license of DStv is in accordance with the law — he is not breaking any law or unduly interfering in the operation of a private entity.

Maybe the only issue with his order will be the number of days he has given DStv’s operator to reduce the prices of their services or face suspension. The law, as indicated earlier, requires a 30-day notice before a decision to suspend by the NCA.

Even after the decision is taken to suspend DStv’s license, its operators must be given the chance to rectify what led to their suspension — the failure to reduce their price by 30 percent as requested by Sam George.

What the public is likely to see on August 7, 2025, the deadline given by the minister for DStv prices to be reduced or their license suspended, is a 30-day notice on the suspension of DStv’s service in Ghana.

Meanwhile, watch as Prophet Worlasi shares bombshell prophesies on Bawumia and NPP on The Lowdown: