The Utilities Regulation & Competition Authority (URCA) issues this Statement of Results and Position Statement on Net Neutrality and OTT Services in The Bahamas in accordance with sections 11 and 12 of the Communications Act, 2009 (Comms Act). This document marks the conclusion of the public consultation process on “URCA’s Preliminary Position on Net Neutrality and OTT Services in The Bahamas.

Globally, the availability of OTT services has grown exponentially over the past ten years. The Bahamas has seen similar growth in the availability of OTT services and related innovations as the rest of the world. The increasing availability and demand for OTT services has created a dilemma for telecommunications regulatory authorities. On the one hand, the availability of OTT services advances the ECSP objectives by:

1. Promoting the availability of a wide range of content services which are of high quality; and
2. Enhancing the efficiency of the Bahamian electronic communications sector and the productivity of the Bahamian economy.

On the other hand, take-up of availability of OTT services can result in reduced profit margins for some telecommunications service providers and consequently hinder the advancement of specific ECSP objectives such as, among other things:

1. Promoting investment and innovation in electronic communications networks and services; and
2. Promoting affordable access to high-quality networks and carriage services in all regions of The Bahamas.

This regulatory dilemma is causing telecommunications regulatory authorities to review their regulatory framework and ensure alignment between the network traffic management policy of telecommunications providers and national electronic communications policy objectives.  This public consultation process along with this Statement of Results and Final Position provides URCA’s response to that regulatory dilemma.