Consultations
NGS 20/2024 – Regulatory Fees Methodology for The Natural Gas Sector in The Bahamas
NGS 20/24 - NGS Regulatory Fees Methodology 8 October 2024 URCA was appointed under the Natural Gas Act, 2024 (NGA) as the independent regulator for the Natural Gas Sector (NGS) in The Bahamas. URCA is responsible for licensing the activities in the NGS value chain throughout The Bahamas. URCA’s powers and functions are set out in the NGA, including issuing licenses and collecting fees for any NGS activities URCA determines necessary. This document, amongst other things, explains URCA’s methodology for setting fees in relation to the NGS. URCA issues this Consultation Document, “Regulatory Fees Methodology for The Natural Gas Sector in The Bahamas” (NGS 20/2024), to comply with Sections 8(1)(a), 9(1)(2) and section 16 of the NGA, which require URCA to consult the public on measures of public significance and which gives URCA the power and duty to charge and collect fees from licensees in the NGS in the Bahamas, among other things, cover URCA’s annual budgeted costs of performing URCA’s functions and carrying out its remit under the NGA. This document also sets out the types of fees that URCA would levy under the NGA and the methodology used to set the fees. URCA has not posed any specific questions under this Consultation Document. However, URCA invites general submissions and comments from interested parties on its approach and methodology to setting regulatory fees. URCA invites and welcomes written submissions and comments from interested parties with sufficient interest in matters in this Consultation Document. The written submissions and comments must be submitted to URCA by 8 November 2024 by email to info@urcabahamas.bs. NGS 20-2024 Regulatory Fees Methodology for The Natural Gas Sector in The Bahamas - Consultation DocumentURCA 06/2024 – Addendum to the 2024 ANNUAL PLAN
The Utilities Regulation and Competition Authority (URCA) presents this Addendum document (the “Addendum”) in response to the requirements of section 78 of the Electricity Act 2024 (EA 2024) and section 121(2) of the Natural Gas Act 2024 (NGA 2024). Both Acts require URCA to “prepare an amendment or addendum to its annual plan prepared pursuant to section 41 of the URCA Act.”
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ECS 73/2024 – Public Consultation on Roadmap to Enable 5G Deployment in The Bahamas
URCA Releases Public Consultation on Roadmap to Enable 5G Deployment in The Bahamas 22 August 2024 URCA recognizes that reliable, high-speed broadband connectivity and technological advancements like the Fifth Generation of International Mobile Communications technology (IMT-5G, hereinafter referred to as “5G”) are catalysts for innovation and future development in The Bahamas and that 5G can therefore play a crucial role in achieving the EC Policy objectives. To this end, and in accordance with its respective Annual Plans 2022 and 2023, URCA has engaged with stakeholders to assess demand for 5G and develop the roadmap to enable the provision of 5G services in The Bahamas. In summary:- In a first step, URCA conducted a consultation in late 2023 to better understand and develop an evidence base for the current and expected demand for enhanced internet connectivity and 5G-enabled services in The Bahamas. This revealed that end users are primarily focused on receiving reliable internet access at decent speeds, with the main future demand use cases being tourism and national security/law enforcement. Additionally, operators view 5G as a natural evolution to improve network capacity, but they emphasize the need for a supportive regulatory and policy environment to facilitate its rollout in due time.
- In a second step URCA is now working closely with the Government of The Bahamas and industry stakeholders to identify and address any outstanding regulatory and policy issues, in order to develop a roadmap to enable 5G deployment in The Bahamas. This phase will include stakeholder meetings, consultations on the draft framework, and finalization of the framework.
- by mail to P.O. Box N 4860, Nassau, Bahamas; or
- by email, to info@urcabahamas.bs.
ECS 72/2024 – Licence Review Consultation Document and Annexes
Public Consultation on ECS Licence Modification 20 August 2024 URCA committed in its 2024 Annual Plan to review the ECS licences due to expire in 2024 to assess the current relevance of the conditions specified in the licences. URCA began an informal licence and exemption revision process in the third trimester (T3) of 2023, which included a comprehensive internal analysis of the existing conditions of the ECS individual licences, class licences and exemptions. URCA also took into consideration the Government’s ECS Policy, responses to various consultations, decisions and regulations issued by URCA, and market developments since 2009, when the existing licenses and exemptions were initially established. Additionally, in compliance with the Comms Act, URCA endeavoured to harmonise the conditions of the proposed licences and exemptions, so that all Licensees would be subject to non-discriminatory licence and exemption conditions, to the greatest extent possible. This exercise culminated in URCA developing the proposed revised versions of the ECS individual licences, class licences and exemptions (the “Proposed Revised Licences and Exemptions”), which are the subject of this consultation. URCA is seeking views from licensees, stakeholders, and other interested persons on the matters set out in this Consultation Document which, in the opinion of URCA, are of public significance. URCA considers the following are the key objectives of this consultation process:- to further the policy objectives of the ECS as provided in Section 4 of the Comms Act;
- to set out URCA’s Proposed Revised Licences and Exemptions;
- to set out URCA’s rationale for the proposed Revised Licences and Exemptions;
- to set out URCA’s draft Revised Licences and Exemptions documents;
- to set out URCA’s proposed process for renewal of licences and exemptions;
- to set out URCA’s proposed approach to the payment of licence fees by delinquent licensees; and
- to invite feedback/written comments from stakeholders, licensees, and other interested persons on the matters contained in the Consultation Document.
- by mail to P.O. Box N 4860, Nassau, Bahamas; or
- by email, to info@urcabahamas.bs.
ECS 70/2024 – Proposed Revision of the Code of Practice for Content Regulation
URCA issues this consultation document to present crucial revisions to the Code of Practice for Content Regulation in The Bahamas (the Code) These revisions are focused on applicability, political broadcasts, advertising and sponsorships, access services, complaint handling processes, and emerging technologies (ET). ET are new transformative, innovative tools characterised by radical novelty, rapid growth, and often disruptive nature, significantly altering industries, economies, societies and business norms and practices. The proposed changes result from the 2023 coregulatory consultative URCA-moderated review of the Code by the Content Regulation Industry Group (CRIG), established under section 55 of the Comms Act. URCA invites members of the public, licensees, stakeholders, and other interested parties to participate fully in this consultation process under Part IX of the Comms Act and Clause 1.5 of the Code. URCA ECS 702024 - Consultation Document - Revision for the Code of Practice for Content RegulationES 06/2024 – Public Consultation on Electricity System Operator Licence
URCA issues public consultation on Electricity System Operator Licence 2 August 2024 Recognizing that the main goal of the electricity sector policy is the creation of a regime for the supply of safe, least-cost, reliable, and environmentally sustainable electricity throughout The Bahamas. URCA considers a clear and transparent licensing system, including exemptions where appropriate, is a necessary precondition for the attainment of this goal. URCA determines the conditions contained in the licences, and as part of the determination process, URCA consults with persons who have a sufficient interest in the subject matter. In addition to transparency, this aids in ensuring URCA’s regulatory documents and actions are fit for purpose. As the sector has matured, and with the passage of the Electricity Act, 2024, it has become necessary to develop new licence types. In this case URCA has developed an Electricity System Operator Licence. The objective of this consultation document is to publish a draft of the licence, provide some context concerning its issuance, and receive feedback on the contents of the licence, including how it may be improved. URCA invites comments and submissions on this consultation document from members of the public, licensees, and other interested persons. The consultation period is 30 calendar days. Responses to this consultation should be submitted to URCA on or before 2 September 2024 by email to info@urcabahamas.bs. Copies of the consultation document and the licence can be found below. URCA - ES 06-2024 Electricity System Operator Licence - Consultation Document URCA - ES System Operator LicenceES 07/2024 – Public Consultation on Electricity Transmission and Distribution Licence
URCA issues public consultation on Electricity Transmission and Distribution Licence 2 Aug 2024 Recognizing that the main goal of the electricity sector policy is the creation of a regime for the supply of safe, least-cost, reliable, and environmentally sustainable electricity throughout The Bahamas. URCA considers a clear and transparent licensing system, including exemptions where appropriate, is a necessary precondition for the attainment of this goal. URCA determines the conditions contained in the licences, and as part of the determination process, URCA consults with persons who have a sufficient interest in the subject matter. In addition to transparency, this aids in ensuring URCA’s regulatory documents and actions are fit for purpose. As the sector has matured, and with the passage of the Electricity Act, 2024, it has become necessary to develop new licence types. In this case URCA has developed an Electricity Transmission and Distribution Licence. The objective of this consultation document is to publish a draft of the licence, provide some context concerning its issuance, and receive feedback on the contents of the licence, including how it may be improved. URCA invites comments and submissions on this consultation document from members of the public, licensees, and other interested persons. The consultation period is 30 calendar days. Responses to this consultation should be submitted to URCA on or before 2 September 2024 by email to info@urcabahamas.bs. Copies of the consultation document and the licence can be found below. URCA ES 07-2024 Transmission and Distribution Licence - Consultation Document URCA ES Transmission and Distribution LicenceNGS 01/2024 – Public Consultation on Natural Gas Sector Framework
URCA issues draft regulatory framework documents for the Natural Gas Sector in The Bahamas 1 August 2024 The Natural Gas Act, 2024 (NGA) came into the force on 1 June 2024. The NGA introduces a statutory framework for the introduction of natural gas into the energy mix of The Bahamas. Moreover, the NGA established the Utilities Regulation and Competition Authority (URCA) as the independent regulator of the natural gas sector (NGS) in The Bahamas. As the independent regulator of the newly established NGS, URCA is responsible for developing the regulatory framework that would facilitate URCA’s transparent and non-discriminatory regulation of the NGS in accordance with the provisions of the NGA. In particular, under section 8 of the NGA, URCA is mandated to licence all natural gas sector activities in The Bahamas. Additionally, URCA is charged with issuing regulations and guidelines that aim to promote the development and functioning of a safe and reliable natural gas system in The Bahamas. Considering the introduction of this new sector into URCA’s regulatory remit, URCA considers it necessary to develop an initial compendium of regulatory measures inclusive of licenses, regulations and codes that would compose an initial framework for the regulation of the NGS. In this regard, URCA in this consultation document annexes the following proposed licenses, regulations and codes (collectively, “regulatory measures”) to be issued by URCA in the NGS:- Licenses: The following licenses have the aim to authorize the holder to develop the corresponding activity under the terms and conditions established therein.
- Gas Importer License;
- Gas Transporter License;
- Gas Shipper License;
- Terminal Operator License; and
- Gas Retailer License.
- Regulations: The following regulations implement and enforce the Natural Gas Act, 2024 by detailing the requirements to ensure a safe and efficient natural gas system. Under the Natural Gas Act, 2014 regulations issued by URCA under this Act shall have the force of law.
- Natural Gas Supply Regulations;
- Liquified Natural Gas Facilities Application for Authorization;
- Natural Gas Metering Regulations;
- Liquified Natural Gas Road Transport Regulations;
- Natural Gas Pipeline Safety Regulations;
- Liquified Natural Gas Facilities Safety Regulations;
- Liquified Natural Gas Waterfront Facilities Safety Regulations; and
- Liquified Natural Gas Ship-to-Ship Handling Operations Regulations.
- Codes: The following codes, which are binding, define the practice guidelines to ensure the safe, environmental, efficient and reliable operation of LNG and are based on standardize practices in LNG operations.
- Natural Gas Network Code;
- Natural Gas Supply Code;
- Liquified Natural Gas Import Code; and
- Natural Gas Retail Code of Conduct.
- Licenses: The following licenses have the aim to authorize the holder to develop the corresponding activity under the terms and conditions established therein.
- 03 May,2024
URCA 05/2024 – Competition Guidelines
These Competition Guidelines are designed to assist Licensees, and other interested Persons, in understanding how the competition provisions of the Comms Act and the Electricity Act will apply in practice with regards to procedural and substantives aspects and to determine if their conduct complies with these rules.
These Guidelines set out URCA’s position on Competition Law principles but do not legally bind URCA. Whilst it is expected that URCA will follow the principles and approach outlined in these Guidelines, URCA reserves the right to consider other factors not covered in these Guidelines where necessary. URCA will undertake its assessment on a case-by-case basis, with due account being taken of all the facts of the case and the dynamics of competition on the relevant market. Other interested Persons such as the general public or Customers (including consumers such as residential and businesses) may also file complaints to URCA if they were to suspect any anticompetitive conduct. URCA will review and update these Guidelines from time to time to take account of best practice and to reflect developments in legal interpretation and economic thinking. A Full PDF of the document can be found below. URCA 05/2024 - Competition GuidelinesDownloads
ECS 04/2024 Preliminary Determination – Retail Fixed Market Review and Assessment
With this Preliminary Determination, the Utilities Regulation and Competition Authority (‘URCA’) informs Licensees, other stakeholders, and the public in general of its preliminary economic assessment of the competitive dynamics in the retail fixed service market in The Bahamas. In this consultation paper, URCA sets out its preliminary views and proposals arising from its market reviews of the provisioning of key retail communications services in The Bahamas under section 39(1) of the Communications Act, 2009 (the ‘Comms Act’ or the ‘Act’) and any resulting ex-ante regulatory obligations for SMP operators. The services considered in this market review are as follows: • Retail fixed voice telephony service; • Retail fixed broadband services; and • Retail pay TV services (including cable television services). The full PDF can be found below.
