Decisions
Decision Description
ECS 71/2024 – SOR and Final Determination Retail Fixed Market Review 2024
URCA published its Consultation Document on the preliminary Retail Fixed Market Review on 28 February 2024 (“Consultation Document”, or “Preliminary Determination”).1 The Consultation Document set out, inter alia, the following:
• URCA’s preliminary views on the competitive dynamics in the retail fixed services markets in The Bahamas, in terms of the proposed market definitions for the retail services considered in this market review, and the preliminary results of URCA’s dominance assessment in each defined market;
• the proposed ex-ante remedies to be imposed on operators with significant market power (SMP), including the underlying market failures these seek to address; and
• invite comments from stakeholders on the matters set out in the Consultation Document.
The closing date for the submission to URCA of initial responses to the Preliminary Determination ended on 29 May 2024, and the comments on initial responses ended on 10 June 2024. By the 10 June 2024 closing date, URCA had received first and second-round comments from two parties:
• Bahamas Telecommunications Company Limited (‘BTC’); and
• Cable Bahamas Limited/Be Aliv Limited (‘CBL’).
Copies of all responses and opening written submissions may be downloaded from URCA’s website at www.urcabahamas.bs.
The Full PDF can be found below.- Jul 30, 2024
ES 05/2024 – Statement of Results and Next Steps – URCA Audit of the Performance and Organizational Maturity of Bahamas Power and Light
In this document, the Utilities Regulation and Competition Authority (“URCA”) issues its State-
ment of Results and Next Step with respect to the Performance and Maturity Audit (Efficiency
Audit) of Bahamas Power and Light Company Limited (BPL).
URCA engaged the services of a group of Consultants, Castalia Advisors and LCI Inc., to carry out
a performance and organizational maturity audit of BPL (the Audit). The objective of the Audit
was to establish baseline performance indicators and develop a regulatory roadmap for URCA to
monitor BPL’s performance.
The broad tasks included the following (to):
• Carry out a full and comprehensive assessment of BPL’s performance and the maturity of
its organization, systems, and processes.
• Develop an Excel-based tool to collect and process BPL’s technical, operational, and finan-
cial data for the performance audit. The tool will also allow URCA to calculate and track
indicators, monitor BPL’s performance and, as necessary, carry out its own audits of BPL’s
performance in the future. URCA will also be able to use this approach for assessing the
performance of other companies with Public Electricity Supplier Licences.
• Assess the factors in BPL’s external environment that may be affecting its ability to per-
form well.
• Recommend actions that BPL, URCA, and the Government could take to improve the per-
formance of BPL and the electricity sector in The Bahamas.
The Audit exercise and the draft final and Final reports was completed over a period spanning six
(6) months. The Audit commenced on 29 September 2023 with a kick-off meeting between
URCA’s team and the Consultants. The Final Report was concluded and submitted to URCA on 24
March 2024.
Castalia and LCI conducted an audit of BPL's performance and maturity using various tools and
approaches. These included reviewing data and documents related to BPL and its sector, utilizing
an Excel-based diagnostic tool for scoring performance and maturity, administering self-assess-
ment surveys, conducting legal and regulatory reviews, analysing trends in key performance indi-
cators, benchmarking against similar utilities, and conducting interviews and focus groups with
BPL management and staff.
The audit findings report covers the methodology used despite limited data availability, analyses
external factors affecting BPL's performance, assesses the impact of the regulatory framework,
evaluates BPL's performance and maturity across five functions, and provides recommendations
for URCA to encourage BPL's improvement while ensuring sector sustainability.
- May 3, 2024
URCA 04/2024 – Statement of Results and Final Decision – Revision of the Competition Guidelines
In this document, the Utilities Regulation and Competition Authority (“URCA”) issues its Statement of Results and Next Steps with respect to URCA’s Public Consultation on the revision of the existing Competition Guidelines.
URCA published its Consultation Document on the proposed revisions to the Competition Guidelines on 21 December 2023 (“Consultation Document”).1 The Consultation Document set out, inter alia, the following:
- the objectives and the approach adopted by URCA with respect to the revision of the Competition Guidelines;
- a summary overview of the key proposed amendments to the Competition Guidelines;
- to invite comments from stakeholders on the matters set out in the Consultation Document.
URCA also conducted on 18 January 2024 a half-day seminar at its offices in addition to being streamed by zoom. The seminar was attended to by licensees and members of the general public.
The responses to the Consultation Document were due on 21 February 2024.
URCA replies to the main comments it has received from BTC and the CBL Group and sets out its next steps. In doing so, URCA expressly states that the absence on its part of a response in this document to any comment made by any of the respondents does not necessarily signify URCA’s agreement in whole or in part with such comment, that URCA has not considered such comment, or that URCA considers the comment immaterial or without merit.
A Full Copy of the PDF can be found below. URCA 04/2024 - Statement of Results and Final Decision - Revision of the Competition Guidelines ECS 03/2024 – Consumer Protection Regulations for the Electronic Communications Sector
The Utilities Regulation and Competition Authority (URCA) hereby issues the following Regulations in exercise of the powers conferred on it by section 45(2) of the Communications Act, 2009 (“Communications Act”), which provides for the issuance by URCA of general regulations relating to the protection of Consumers and the provision of Services by the holders of Individual Operating Licences and Class Operating Licences Requiring Registration in The Bahamas. A copy of the full document may be downloaded below: Consumer Protection Regulations for the Electronic Communications Sector- Mar 8, 2024
ECS 02/2024 – Statement of Results and Final Decision – Revisions to the Consumer Protection Regulations for the Electronic Communications Sector
The Utilities Regulation and Competition Authority (‘URCA’) issues this Statement of Results and Final Decision following the public consultation on its proposed revisions to the Consumer Protection Regulations for the Electronic Communications Sector (‘ECS’). URCA published the consultation on 18 September 2023.1 The original deadline for responses was 19 October 2023 however the deadline was extended to 30 October 2023 by request to allow for additional time to respond.
The Consumer Protection Regulations (‘Regulations’) were originally published on 30 December 2013 followed by a revised document referred to as Version 1.0.1 published on 7 February 2014.2 Due to the changes that have occurred in the sector and URCA’s experience with handling consumer complaints since the Regulations were first published, URCA found it necessary to update the Regulations to make them fit for purpose, clarify any ambiguity, and issue new measures in areas where consumers were not protected.
A copy of the full document may be downloaded below: ECS 02/2024 - Statement of Results and Final Decision - Revisions to the Consumer Protection Regulations for the Electronic Communications Sector 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.ECS 08/2023 Final Determination and Order to Paramount Systems Ltd.
The Utilities Regulation and Competition Authority (“URCA”) issues this Final Determination and Order (“FDO”) to Paramount Systems Ltd. (“PSL” or “the Licensee”) pursuant to section 99(1) of the Communications Act, 2009 (“Comms Act”). This FDO is issued consequential to URCA’s own-initiative investigation concerning suspected breaches by PSL of the Code of Practice for Content Regulation ECS (Revised) 08/2020 (“the Code”) and Individual Spectrum Licence IS-09-0055 issued by URCA to PSL on 15 June 2017 (“the Licence”), and the Notice of Preliminary Determination and Draft Order - ECS 07/2023 dated 8 May 2023 issued by URCA to PSL (“PDDO”). URCA has determined that PSL has breached clauses 2.1(1), 2.1(2)(a), 2.1(2)(b), 2.4(1), 2.4(7), 3.1(1), 3.1(2), 5.1(1), 5.1(2), 5.1(3), 5.2(1), 5.4(3), 5.10(1), and 8.6(2) of the Code, and Condition 3.2 of the Licence. In accordance with section 100(5) of the Comms Act, this FDO provides URCA’s reasoning behind its determination in sufficient detail to enable it to be understood and the reasons for such decision to be known. A copy of the full document may be downloaded below: ECS 08/2023 Final Determination and Order to Paramount Systems Ltd.ES 05/2023 Statement of Result and Final Determination – Bakers Bay Utility Ltd.
The Utilities Regulation and Competition Authority (“URCA”) issues this Statement of Results and Final Decision (SoR) further to its “Consultation on Bakers Bay Utility Limited Proposed Tariff Amendment” (ES 02/2023) ("the Consultation Document”), published on the 13 March 2023. BBUC sought approval: (a) To modify BBUC’s electrical rate structure by splitting the electrical rate and method of billing into two parts, including a pass-through fuel rate and a non-fuel / tariff rate, and (b) To set the non-fuel / tariff rate at $0.36 per kWh in accordance with the Tariff Review Framework, Guidelines and Procedures for Public Electricity Suppliers document issued by URCA on July 1, 2021. The essence of BBUC’s application is that it proposes the disaggregation of the current unitary tariff rate into a fuel component and non-fuel component. A copy of the full document may be downloaded below ES 052023 Statement of Result and Final Determination - Bakers Bay Utility Ltd.ECS 04/2023 Comms Fee Reduction Guidance Note – Final
This Guidance Note provides procedural and substantive guidance for Licensees on the reduction in the Comms Licence Fee under the Communications Act (Amendment to Schedule 3) Order, 2022 (“the Order”). This includes guidance on: • URCA’s understanding of the Government’s policy objectives for the reduction in the Comms Licence scheme and the resulting verification process; • The application process for the reduction in the Comms Licence Fee; and • The principles of how URCA will conduct the verification processes, including the timeline for the verification process. This Guidance Note seeks to provide clarity and transparency for Licensees to ensure that they are in a position to benefit from the Order.ECS 03/2023 Comms Fee Reduction – Final Statement of Results
The Utilities Regulation and Competition Authority (“URCA”) issues its Statement of Results and Final Decision on the Guidance Note for Reductions in the Communications Licence Fee (“Comms Licence Fee”). URCA issued a Draft Guidance Note for consultation on 1 December 2022. That document had the following objectives: • to set forth URCA’s understanding of the Government’s policy objectives for the reductions in the Comms Licence scheme and the resulting verification process; • to set forth the application process for the reductions in the Comms Licence Fee; • to set forth the principles of how URCA will conduct the verification process, including the timeline for the verification process; and • to invite comments from stakeholders on URCA’s proposals. URCA replies to the main comments it has received with the consultation responses, followed by its final position consulted on. In so doing, URCA expressly states that failure on its part to respond in this document to any issue raised by respondents does not necessarily signify agreement in whole or in part with the comment, that it has not considered the comment, or that it considers the comment unimportant or without merit.
