This was in response to a letter of the same date from the Ministry of Information and Communications advising that Broadcom Ltd was in breach of section 17 of the Communications Act, by operating a radio station without an individual licence under section 16 of the same Act.
In 2008, Government issued to the Lali Media Ltd. (now TMN Ltd,) owned by Mr. Kalafi Moala, the license for Radio FM 88.1. In mid 2009 the station opened and was operated by BroadCom Ltd, a media company owned by Mr. Maka Tohi and his wife Katalina, formerly the chief engineer and director of programmes respectively at the Tonga Broadcasting Commission. As Mr. and Mrs. Tohi were seen to be working with the licensee, it was assumed that they were operating the radio station for TMN Ltd. Such an arrangement is perfectly legal.
In August 2010 however, Mrs. Tohi gave the Ministry a copy of a Memorandum of Understanding between the two media companies dated 10th June, 2009, wherein TMN Ltd had leased to BroadCom Ltd the full operation of FM Radio 88.1, and for the full term of the license. This arrangement breaches the Communications Act 2000 wherein the authority for issuing radio licenses was then Cabinet and Privy Council and is now Cabinet only. This was the first time the Ministry learned of this breach.
Accordingly, in September 2010 the Ministry wrote to TMN Ltd advising that their license "leasing" arrangement with BroadCom Ltd was not legal, and that from the start,BroadCom Ltd had been operating FM 88.1 illegally without a license. In September both TMN Ltd and BroadCom Ltd replied asking for three months, that is until December 2010, to sort out these issues.
On 2 December 2010, TMN Ltd wrote to BroadCom Ltd cancelling their business arrangement on the same day, as TMN is about to open their own radio station and use their license. Broadcom Ltd, however, continued its unlicensed broadcasting, even after the cancellation of this arangement. And Broadcom Ltd.made no contact with the Ministry either .In such an event, the Ministry was left with no choice but to write to Broadcom Ltd.on Friday, 3 December, 2010, to cease broadcasting since they were still breaching Tonga's laws.
There have also been public complaints alleging discriminatory treatment by the radio station, and breaches of the media ethics and the legal broadcasting standards . As TMN Ltd is the licensee, these complaints were conveyed to them.
At the same time, the Ministry is considering an application from Broadcom Ltd for an Individual Licence to operate an FM Radio Station.
ENDS
Issued by the: Ministry of Information and Communications












