$5,000 fine for ‘Magic Jack’

[Allergic2BunnyEars]

$5,000 fine for ‘Magic Jack’

http://www.newsday.co.tt/business/0,223159.html

Tuesday, January 26 2016

IT IS an offence in law to use electronic devices for transmission of sound and pictures for a financial reward without permission of the Telecommunications Authority of Trinidad and Tobago (TATT). The operator of Abchan Enterprises Ltd of Salazar Trace in Point Fortin found this out last week when a magistrate slapped a fine of $5,000 on them. The offence alleged that the business was involved in the sale of an electronic device known as ‘magic jack’ which is a device which facilitates overseas calls via the internet, free of charge.

Thakoor Kolahal and Abchan Enterprises Ltd were charged with providing a public telecommunications service without a concession and in breach of the Telecommunications Act, during the period March 2009 to May 2009 in Point Fortin.

The charge alleged that the defendants were involved with the sale to the public, of the Magic Jack devices, which allow persons to make overseas phone calls over the internet.

The case was heard before Magistrate Alicia Chankar in the Point Fortin Magistrates’ court and attorney Sean Cazabon was appointed special prosecutor on behalf of the TATT, to prosecute the case against Kohalal and Abchan Enterprises.

When the case came up before Chankar last week Tuesday, a representative of Abchan Enterprises Ltd pleaded guilty to the offence.

Cazabon then presented the evidence, in which he stated there was a newspaper advertisement placed by Abchan Enterprises, which offered Magic Jacks for sale.

Telecommunications Services of Trinidad and Tobago (TSTT) had complained by letter to TATT, about the matter and requested the latter launch an investigatigation.

TATT investigated the matter by having one of its officers purchase one of the devices from Abchan Enterprises, Cazabon told the magistrate. Cazabon tendered the Magic Jack and an invoice into evidence.

Section 21 (1) of the TATT Act makes it an offence and Section 65 provides for a penalty of $250,000 for breach of it. Cazabon indicated to Chankar that the TATT would offer no evidence against Kolahal.

In passing sentence, Magistrate Chankar commented to the representative of Abchan Enterprises Ltd, that he had breached the specifics of the Telecommunications Act and there was no excuse for doing so. She then fined the business $5,000 and granted two weeks to pay.

[Morpheus]

LoL......

[kamakazi]

Does "use" imply sale of the device.
It also isn't free of charge. ..

[antlind]

What utter none sense. Anyway I better hide my magic jack.

[S_2NR]

Trinidad.. Forward never, backward ever

[Morpheus]

Yeah but you not paying TSTT. So hence their gripe lol

[maj. tom]

IT IS an offence in law to use electronic devices for transmission of sound and pictures for a financial reward without permission of the Telecommunications Authority of Trinidad and Tobago.

Did the defendant use the said devices? Or merely sold them to customers for personal use?

I mean, I understand when they used to have those shady mall phone booths when broadband now came out and they charging people $5 a minute to call USA/Canada/UK. That was clearly breaking the rules. But how here now?

And where does this ruling put my usage of my personal devices to communicate with people on whatsapp/skype?

[j.o.e]

And yet we still can't control fireworks distribution and use .... Priorities

[maj. tom]

And wait, so businesses doing conference calling and business deals ...anybody doing anything on the internet for money should be stopped? So Skybox companies breaking the law when they use Amazon to place and ship orders? Duane you're also breaking the law.

What kind of dumbass judge made this the benchmark ruling in TT?

[antlind]

Yeah but you not paying TSTT. So hence their gripe lol

Using that logic FaceTime and whatsapp should also be illegal. We all live in a Banana Republic.

[ganeshlalchan]

So having this app on your phone means what?

[SR]

Awaits backlash for using facetime viber skype whatsapp

[teems1]

Awaits backlash for using facetime viber skype whatsapp

Line, Google Voice, Facebook Messenger

[Allergic2BunnyEars]

Probably selling the device rather than its actual usage is the reason why users haven't been charged?

[Spitfir3]

sounds like they just wanted to made an example of the guy for selling the device as there are a sheit ton of people who sells those things

[ismithx]

1. It is the telecommunications act, not the TATT act
2. The newspaper bungled their understanding of the law, idk how they even got that paraphrase
3. I looked at the relevant sections and the charge is for operating a network, not for selling devices which provide access to a network


so idk what even they charged him for

[pugboy]

arent there powersellers here who sell them ?

[wagonon20's]

Meem kno nah:-? *****minds own business

[gastly369]

O fk...
*pelts away cup and string in river

[88sins]

Sweet T&T.

[link]

1. It is the telecommunications act, not the TATT act
2. The newspaper bungled their understanding of the law, idk how they even got that paraphrase
3. I looked at the relevant sections and the charge is for operating a network, not for selling devices which provide access to a network


so idk what even they charged him for

it means even the judiciary is an ass when it comes to interpretation of the law....hence the reason why colonial masters' privy council still 'privy'
and also why Abu Bakr & his henchmen escaped the hangman's noose
.

[megadoc1]

1. It is the telecommunications act, not the TATT act
2. The newspaper bungled their understanding of the law, idk how they even got that paraphrase
3. I looked at the relevant sections and the charge is for operating a network, not for selling devices which provide access to a network


so idk what even they charged him for

I think he may have been charged for operating a telephone service ..the article was had some errors

[zoom rader]

Bunch ah bullchit.

Let them start in laventille and Beetham.

Plus Beetham ppl stealing electricity for donkey years and T&TEC does jack chit.

Buy let an Injun try dat in Penal and it's level case.

[EFFECTIC DESIGNS]

Well we live in a country where toy guns are illegal so this is of no surprise.

Hopefully everybody gets charged $5000 now for using watts app.

[Morpheus]

LoL awaits ZR to bring race, politics and/or geographical location......

Oops too late

[zoom rader]

LoL awaits ZR to bring race, politics and/or geographical location......

Oops too late

What I wrote is the truth.

Beetham ppl steal electricity everyday and nothing is done about it but you have TTEC police rolling around in Penal looking for jumped meters.

[EFFECTIC DESIGNS]

If this is for real, then Laventille hadda be the best place to live. Free current hoss? so you could Air Condition your whole house and even grow grapes and thing in a green house for free?

[zoom rader]

If this is for real, then Laventille hadda be the best place to live. Free current hoss? so you could Air Condition your whole house and even grow grapes and thing in a green house for free?

When you drive along the Beetham, just take a look at the electricity poles and you will observed that there are endless jumper cables stealing current.
Again nothing is done his cause TTEC police say black man have to live.

[bluesclues]

sum tin wong here bad.

magic jack is now free software u can download and install on android. but doesnt this fall under network devices and not telecommunication? yes i understand it is a form of telecommunication which mimics normal telecom landline networks. but its not actually a fone.

so if i tie a string to 2 cup and sell it that will be a breach too? any communication device. how come u can sell cellphones? what about landline fones? what about voip fnes? which is what magic jack is effectively.

both issues are incorrect if u ask me. setting up a voip network that allows overseas calling is not shady its actually standard all over the world. when i was in england every single internet cafe offered that service in separate booths. selling a magic jack device is like selling a voip fone.

i dont understand this law if it has been interpreted correctly. im quicker to suspect that the judge does not understand magic jack technology and mistakenly classified it as something requiring a licence.

i also think that the major problem lies in trinidad forgetting that they cant keep telephone landlines forever. that they will become obsolete just like the string and 2 cups(first telephone). and voip is where all calls will be placed. through that though i will understand why they would rush to include voip technologies under telecomm, but i still say it can be appealed. not just for selling the device man. nah.

[kurpal_v2]

If this is for real, then Laventille hadda be the best place to live. Free current hoss? so you could Air Condition your whole house and even grow grapes and thing in a green house for free?

could grow grapes on yuh fence....