JOB DESCRIPTION

Job Title: Head of Licensing and Compliance & General Counsel, Information and
Communications Technology Authority

Reports to: Managing Director, Information and Communications Technology Authority

1. JOB PURPOSE

• To act as the Authority’s chief legal officer on a variety of legal and regulatory
issues including drafting legislation and regulations
• To support the Managing Director generally in fulfilling Board requirements.
•
• In particular, to contribute to assessments of ICT licence applications,
modifications, assignments; mediating and/or adjudicating disputes;
overseeing public consultative proceedings and policy-making as well as
addressing other issues as they arise.
• To work closely with the Managing Director, Head of Economics & Regulation,
Senior Economist and with the Financial Controller in these activities.
• Coordinating spectrum and numbering requirements with Licensees and
appropriate international bodies.
• To advise on licensing and compliance practices and developments therein,
and on their applicability to the work of the Authority.
• To take a lead role in the recruitment, training and motivation of legal and
compliance specialists.
• To be a member of the ICTA Senior Management Committee.
• To support the Managing Director generally in fulfilling Board requirements.
• To manage the Licensing and Compliance section of the ICT Authority and
contribute to discharging its workload.

2. DIMENSIONS

Because of the pervasiveness and impact of ICT within the business community, the
Head of Licensing and Compliance is expected to maintain effective working
relationships with business leaders and ICT Network and Service providers without
compromising the independence of his office or of the ICTA.

The Licensing and Compliance section currently consists of three members. It is

responsible for a wide range of activities, and the incumbent therefore must have a
correspondingly wide experience, and be prepared to work “hands on” when required.
3. PRINCIPAL ACCOUNTABILITIES

Tasks Percentage
of time
1. Review and assess licence applications, modifications and 15%
disputes, and prepare the authorisation of licences for final
approval by the Managing Director. Where necessary represent the
ICTA in meetings with licensees.

2. Mediate and/or adjudicate disputes; oversee public consultative 15%

proceedings and policy-making and address other issues as they
arise.

3. Prepare Board documentation such agendas and minutes and 30%

advise the Board on various legal and regulatory matters.

4. Establish compliance procedures for all classes of licence, and 15%

participate in their enforcement with a view to minimising
unlicensed activity.

5. Coordinate spectrum and number allocations. 10%

6. Make policy recommendations to the Authority, in close co- 10%

operation with other senior ICTA staff and Government
departments.

7. Handle customer complaints and freedom of information requests. 3%

8. Recruiting and organising the training of expert staff. 2%

Over time, as the market expands the need for compliance measures may increase.
There is on-island experience with the licensing process, but less experience in
compliance matters. The Head of Licensing and Compliance must ensure that staff
members are provided with the skills they require to undertake the work at hand, and
importantly, that a skill transfer policy is established to allow Caymanian staff to benefit
from any off-island recruitment.
5. BACKGROUND INFORMATION

The Authority has the day-to-day tasks of regulating and licensing of all forms of
telephony, radio and TV broadcasting; the licensing of radio communications for marine
craft, aircraft and spacecraft registered in the Cayman Islands; management of the
electromagnetic spectrum; determination of licence fees to be paid by licensees;
management of the .ky internet domain, and the regulation of aspects of e-business.

In addition, the Authority is responsible for ensuring that ICT markets are free from anti-
competitive practices. The Authority also has a general role to play in fostering an
environment that is conducive to new market entry and the expansion of ICT services
within the Cayman Islands.

The Head of Licensing and Compliance is a key position within the ICTA. The Licensing
and Compliance section is responsible for ensuring that ICT network and service
providers on the Islands are licensed and that licensees uphold the conditions of those
licences. In a low-tax environment like the Caymans Islands the collection of licence fee
revenue is vital. The correct licensing procedure, carried out in a timely fashion and
supported with appropriate enforcement powers is thus important to both the ICTA and
the Government.

4. KNOWLEDGE, EXPERIENCE AND SKILLS

Knowledge

A qualified attorney with regulatory work experience in the ICT sector or a similar
industry. A sound understanding of the technology and structure of ICT markets and
regulatory compliance issues are essential. Understanding of regulatory issues from a
business perspective would be an asset.

Experience
Essential • A minimum of 10 years’ experience working in a regulatory
experience compliance role either in a commercial undertaking or a
government function.
• A minimum of 5 years experience managing professional
staff in regulatory compliance issues.
 • A minimum of 5 years experience of working at the interface
between senior anagement and professional staff.

Desirable experience • Experience in ICT policy formulation and enforcement and

an understanding of the legal framework in which that
occurs.
• A track record of establishing effective work processes,
including the design of computer-based systems.
• Familiarity with the way in which Government and business
are conducted in the Cayman Islands.
• Strong interpersonal skills in dealing with Licensees on
complex issues.

Skills

The Head of Licensing and Compliance must be an all-rounder – technically competent

but also able to communicate requirements to the Managing Director, the Board and
others within the ICTA. The position thus requires:

• Admission as a qualified attorney in Commonwealth jurisdiction and/or eligibility to

qualify as an attorney-at-law in the Cayman Islands.

• At least 6 years post qualification experience, either in the Cayman Islands, in a

Commonwealth jurisdiction or a combination of both.

• Sound people and time management skills.

• Highly developed skills, both written and oral, in the presentation of arguments and
ideas.
• An ability to understand all sides of a regulatory issue, including technology and
legal issues, and to work with professionals from other disciplines.
• A sound understanding of how decisions, policy and strategy impact business
entities.
• Political, social and cultural sensitivity.
• Evidence of personal and professional integrity.
• The ability to motivate staff and to encourage them to innovate.