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.

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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.

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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 URCA issued a Draft Guidance Note for consultation on 1 December 2022.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.

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ES 05/2022 Statement of Results and Final Decision: Guidelines for the Electricity Sector on the Assessment of Fines for Breaches

The Utilities Regulation and Competition Authority (“URCA”), as the electricity sector regulator, considers the development of a regulatory frameworks governing the sector to be paramount to meeting its statutory obligations as defined in both the Electricity Act, 2015 (EA) and the URCA Act, 2009. Through both Acts, URCA is empowered to impose a regulatory penalty or fine on a licensee who breaches a provision of the EA, a license condition, regulatory and or other measures. The imposition of financial penalties for breaches is also a means to effectively ensure compliance with sector regulations and established standards. URCA undertook the consultation process to bring clarity and promote consistency with respect to how URCA will exercise its power to impose a fine on a licensee who breaches a provision of the EA, a license condition, regulatory and or other measures. The Utilities Regulation and Competition Authority (“URCA”) issues this Statement of Results and Final Decision (“SoR”) further to its Consultation Document on Guidelines for the Electricity Sector on the Assessment of Fines for Breaches, ES 02/2022, published on the 22 August 2022.  URCA also hereby issues the “Guidelines for The Electricity Sector on The Assessment for Fines for Breaches”, ES 04/2022.

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ES 01/2023 Statement of Result and Final Determination - Definition and Interpretation of a Major Outage In Public Electricity Supplier and Authorized Public Electricity Supplier Licenses

URCA issues this Statement of Results and Final Decision further to its Consultation on “Definition and Interpretation of a Major Outage in Public Electricity Supplier and Authorized Public Electricity Supplier Licenses – ES 02/2022” document (“the Consultation Document”) published on 1^st November, 2022,  in exercise of its powers under section 38(c) of the EA. URCA notes that the term major outage is defined in the definitions page of the licenses for a Public Electricity Supplier License (“PESL”) and an Authorized Public Electricity Supplier License (“APESL”) , but that term lacks the specificity necessary to provide guidance to licensees to respond to queries from URCA and within which URCA can provide the necessary regulatory oversight.  Specifically, URCA considers that there is potential ambiguity when interpreting this term consequential to definitional omissions of key elements of the license. To remove this potential ambiguity for the purpose of interpreting what is a major outage, URCA engaged in a consultation procedure to define these terms on 1 November, 2022, received comments from stakeholders on 1 December, 2022 and now issues this SoR. This Statement of Results and Final Decision now sets out URCA’s response to the submissions received during the consultation process and presents URCA’s final decision as it relates to the appropriate definition of a “major outage” as used in the PESL and APESL.

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ECS 56/2022 FINAL DETERMINATION AND ORDER: Investigation into Cable Bahamas Limited’s Pay Television Quality of Service

The Utilities Regulation and Competition Authority (‘URCA’) issues this Final Determination and Order to Cable Bahamas Limited (‘CBL’) following URCA’s investigation into the quality of service of CBL’s pay television service. The need for an investigation arose following CBL’s price application to restructure/repackage its pay television packages. CBL submitted the applications to restructure its REVTV offers on 27 October 2020 for its residential packages and 20 January 2021 for business packages. Having determined the applications were matters of public importance, URCA published a consultation document (ECS 04/2021)1 on 19 March 2021 that set out URCA’s preliminary views and invited feedback from the public. Amongst the responses received by URCA, there were numerous complaints regarding the service quality of CBL’s pay TV service. The most recurring issues experienced by customers were service outages, error messages, pixelated channels, an incorrect TV guide, and dissatisfaction with DVR boxes. URCA stated in its Final Determination on the repackaging that it was important to address the complaints due to their widespread nature. As a result, URCA formally notified CBL on 20 July 2021 that it was launching an investigation.

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ECS 15/2022 – Statement of Results and Final Determination – Retail Cellular Mobile Market Review and Assessment

The Utilities Regulation and Competition Authority (URCA) issues this Statement of Results and Final Determination on its Retail Cellular Mobile Market Review and Assessment under Section 39(1) and (2) of the Communications Act, 2009.   In this Final Determination, URCA provides responses to the main comments received and has set out its conclusions on its competition assessment (also known as market review) of the retail cellular mobile market in The Bahamas.

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ECS 10/2021 - Response to Public Consultation and Final Determination - Wholesale Dedicated Internet Access Offers

The Utilities Regulation and Competition Authority (URCA) issues this Final Determination on its Review of Draft Wholesale Dedicated Internet Access Reference Offers from BTC and CBL under Sections 39 and 40 of the Communications Act, 2009 (ECS 10/2021). In this Final Determination, URCA provides responses to the main comments received and has set out  required amendments to the draft WDIA offers received.

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ECS 05/2021 - ADDENDUM TO Market Information Reporting Requirements for Specified Licensees in the Electronic Communications Sector (ECS 28/2017)

The Utilities Regulation and Competition Authority (URCA) issues this Statement of Results and Final Decision on its Consultation document (ECS 16/2020) captioned "Addendum to Market Information Reporting Requirements for Specified Licensees in the Electronic Communications Sector (ECS 28/2017) The purpose of the addendum is to require Specified Licensees in the Electronic Communications Sector (ECS) to provide additional data needed to satisfy associated key performance indicators (KPIs) for URCA's organisational performance indicators (OPIs). The term "specified licensees" refers to holders of Individual Operating Licences (IOLs) and Class Operating Licences Requiring Registration (COLRRs). Specified licensees are those providing fixed internet, pay-TV services (including cable television), fixed telephony, mobile voice and mobile data and business connectivity services to residential and business customers in The Bahamas. However, the measures set out in The Final Decision do not apply to holders of Class Operating Licences Not Requiring Registration (COLNRR) because such licensees only provide telecommunications services for their own use and not for commercial gain; and do not require interconnection to a public network.

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ECS 09/2021 - Statement of Results and Final Decision - Cable Bahamas Limited’s Application For The Repackaging Of REVTV Offers

The Utilities Regulation and Competition Authority (URCA) published today its Statement of Results and Final Decision in response to the applications made by Cable Bahamas Limited (‘CBL’) to restructure its residential and business pay television packages. CBL submitted the application for residential REVTV offers on 27 October 2020 and later submitted the application for business REVTV offers on 20 January 2021. Having determined the applications were matters of public importance, URCA published a consultation document (ECS 04/2021) on 19 March 2021, setting out URCA’s preliminary views and inviting feedback from the public. Today’s decision follows an extensive consultative process which included a virtual forum, focus groups, and written submissions from members of the general public. URCA has considered all written and verbal feedback in making its final decision. The complete Statement of Results and Final Decision provides details on how URCA arrived at its decision and also includes a summary of responses gathered during the consultation process. The document can be found on URCA’s website.    

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ECS 15/2020 Final Determination: Consultation on the proposed changes to the Reference Access and Interconnection Offer published by The Bahamas Telecommunications Company Limited

In this Final Determination, the Utilities Regulation and Competition Authority (“URCA”) sets forth its decision to approve the terms and conditions upon which The Bahamas Telecommunications Company Limited (“BTC”) will offer direct mobile interconnection for Other Licensed Operators’ (“OLOs”) traffic. Today’s decision requires BTC to incorporate the updated terms and conditions for direct mobile connectivity (at Section 3 below) into BTC’s Reference Access and Interconnection Offer (“RAIO”). Direct mobile interconnection is a regulated wholesale service that OLOs must have to physically link their networks to BTC’s mobile switch and to route and exchange traffic. The availability of the service will increase efficiency and transparency and reduce transaction costs for networks.

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ECS 13/2020 Final Determination Review of Wholesale Broadband Access Services under Sections 39 and 40 of the Communications Act, 2009

In this document, the Utilities Regulation and Competition Authority (“URCA”) issues its Final Determination on specific significant market power (“SMP”) obligations relating to Wholesale Fixed Access (“WFA”) services in The Bahamas. As explained in the Preliminary Determination,[1] URCA first considered the wider set of WFA services, including wholesale business connectivity services and wholesale broadband access (“WBA”) services, before identifying a need to focus on WBA services and, in particular, wholesale Dedicated Internet Access (“DIA”) services.  

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ES 10/2020 Public Electricity Supply Licensees Reporting Obligations Procedures and Guidelines Final Decision on Reporting Requirements

This section outlines the final reporting requirements obligations and the guidelines for submission of information to URCA by the specified licensees.  

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ES: 09/2020 STATEMENT OF RESULTS AND FINAL DECISION Public Electricity Supply Licensees Reporting Obligations Procedures and Guidelines

The Utilities Regulation and Competition Authority (“URCA”) issues this Statement of Results and Final Decision (SoR) to its “Consultation on Public Electricity Supply Licensees Reporting Obligations Procedures and Guidelines” (ES 02/2020). The primary role of URCA is the regulation of the sector in accordance with the goals, objectives and principles underpinning the national energy and electricity sector policies.1 Accordingly, it is important that URCA effectively monitor and evaluate Licensee’s performance. URCA is issuing this SoR pursuant to section 38(1)(k) of the Electricity Act, 2015 (“EA”); Part C – Reporting Obligations, Condition 24 of the Public Electricity Supplier Licence (PESL) and Condition 23 of the Authorized Public Electricity Supplier Licence (APESL). The procedures and guidelines establish the scope, format and the frequency in which specified licensees in the electricity sector are obligated to submit information requirements to URCA. The term “specified licensees” refers to holders of either a Public Electricity Supplier Licence (PESL) or an Authorised Public Electricity Supplier Licence (APESL.).

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ECS 11/2020 Statement of Results and Final Decision: FRAMEWORK FOR THE ESTABLISHMENT OF INTERNET EXCHANGE POINTS (“IXPs”) IN THE BAHAMAS

This Statement of Results and Final Decision concludes the Utilities Regulation and Competition Authority’s (“URCA”) public consultation on a regulatory framework for the buildout of Internet Exchange Points in The Bahamas. Commonly called an IXP or an IX, an Internet Exchange Point represents a neutral technical facility through which Internet Service Providers (“ISPs”), Governments, educational institutions, Content Delivery Networks (“CDNs”) and aggregators, businesses, and other organizations of the Internet community exchange traffic with one another. In essence, IXPs function as centralized clearinghouses for organizations involved in the Internet to peer and exchange data traffic. IXPs are also an important infrastructure for delivering local digital content. The Communications Act, 2009 (referred to herein as “the Comms Act” or “the Act”) endows URCA with the power to issue regulatory and other measures in fulfillment of the electronic communications sector policy (“ECS Policy”) objectives. Acting in accordance with the draft ECS Policy,1 on 2 May 2019, URCA released for comments document number ECS 07/2019 “Framework for the Establishment of Internet Exchange Points in The Bahamas”. 2 The Consultation Document had the following core objectives:3  to promote public awareness of the contributions IXPs can make to the development of the Internet and digital economy in The Bahamas;  to alert potential IXP participants of URCA’s regulatory framework for the entry of IXPs in the Bahamian market; and  to ensure the regulatory framework is favorable for IXPs to operate successfully in The Bahamas. Five (5) companies submitted written responses on the consultation, namely:  Bahamas Telecommunications Company Limited (“BTC”);  Cable Bahamas Limited (“CBL”);  Last Mile Communications (“LMC”);4  Secure Hosting Solutions (“SHS”);5 and  Cloud Carib.6

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ECS 08/2020 CONTENT REGULATION: CODE OF PRACTICE FOR CONTENT REGULATION (REVISED

• The Utilities Regulation and Competition Authority (“URCA”) in accordance with section 55(2) of the Communications Act, 2009 now publishes as its Revised Code of Practice for Content Regulation (“the Revised Code”) that is to be observed by Licensees providing audiovisual media services in The

 

• This Revised Code is informed by the consultation process which commenced on 13 December 2019, when URCA published its Consultation Document “Proposed Revision of the Revised Code of Practice for Content Regulation - ECS 72/2019” containing its proposed amendments to the Revised Code. URCA received submissions from three (3) respondents, two of which were from Licensees, and one from an interested party. URCA considered each submission and made relevant changes to the Revised Code in light of the responses received. URCA’s detailed consideration of the responses, including explanations of instances when it did not adopt proposals made by respondents, is set out in the Statement of Results and Final Decision – ECS 07/2020 document. URCA is satisfied that, having engaged the Content Regulation Industry Group (CRIG) in URCA’s review of the Revised Code, URCA’s public consultation and subsequent revisions made by URCA, the Revised Code is fit-for-purpose and contains appropriate community safeguards that reflect international best practice whilst also taking into account the cultural and social standards in The

 

• This Revised Code repeals and replaces any Code of Practice for Content Regulation issued by URCA prior to the date of issuance of the Revised Code.

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ECS 07/2020 STATEMENT OF RESULTS AND FINAL DECISION CONTENT REGULATION: REVISION OF THE CODE OF PRACTICE FOR CONTENT REGULATION

The Utilities Regulation and Competition Authority (URCA) issues this Statement of Results and Final Decision on the Proposed Revision to the Code of Practice for Content Regulation ECS 72/2019 (“the Code”) consultation document. In addition to this Statement of Results and Final Decision, URCA has published its Revised Code of Practice for Content Regulation – ECS 08/ 2020 (“the Revised Code”)as a standalone document. On 13 December 2019, URCA published and thereby initiated its public consultation process on the Proposed Revision of the Code of Practice for Content Regulation – ECS 72/2019. During this process, members of the public, stakeholders and other interested parties were given the opportunity to comment on the proposed revisions to Part 6 - Political Broadcasts and Political Advertisements, Part 7- Advertising and Sponsorships and Part 10 - Complaints Handling Process of the Code of Practice for Content Regulation. URCA’s consultation process concluded on 31 January 2020. At the close of this period, URCA was disappointed with the low number of responses from the public, stakeholders and other interested parties to the consultation document. To ensure that the consultation was as comprehensive and inclusive as possible, URCA extended the Response Date to 28 February 2020. At the close of the extended period, URCA received written submissions from the following respondents:

• Cable Bahamas Ltd.;
• The Bahamas Telecommunications Company Limited; and
• Sears & Co. (instructed by Playtech Systems Ltd. (Playtech) d/b/a “Island Luck”).

URCA thanks the respondents for their written submissions and participation in the consultation process. Having reviewed the responses, URCA considered that there were meritorious Constitutional and other issues proffered by the Respondents that required careful consideration and expert legal advice. As such, obtaining such advice inevitably delayed the issuance of this Statement of Results and Final Decision and the Revised Code. URCA now provides its comments on the responses received and sets out herein its Final Decision. For the avoidance of doubt, Respondents should not take URCA’s failure to respond explicitly to any issue raised by such Respondents as signifying URCA’s agreement in whole or in part with the comment, that URCA has not considered the comment, or that URCA considers the comment without merit.  

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ECS 05/2020 Addendum to the Final Determination (ECS 74/2019)

In a Final Determination (ECS 74/2019[1]) issued 24 December 2019 the Utilities Regulation and Competition Authority (“URCA”) explained that it was not, at the time, in a position to give a definitive view on the appropriate approach for setting forward-looking wholesale charges. URCA noted that, given the significant time and financial implications of any decision for the stakeholders involved, URCA would make a decision on forward-looking rates at a later date and publish this in a separate document. In so doing, URCA noted that the interim rates set in ECS 74/2019 were not affected by the choice of methodology for setting termination rates going forward and introduced those interim rates immediately upon publication of ECS 74/2019.  

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ECS 02/2020 THE NATIONAL SPECTRUM PLAN (2020 – 2023)

The Utilities Regulation and Competition Authority (URCA) has formulated this National Spectrum Plan in consultation with The Government of The Bahamas (“the Government”)  in fulfillment of the requirements set out in Part V of the Communications Act, 2009 (the “Comms Act” or “the Act”). This NSP furthers the objectives of the Electronic Communications Sector Policy (ECSP).  This NSP shall be cited as The National Spectrum Plan (2020-2023) (the “Spectrum Plan” or “NSP”). The Comms Act prescribes the law applicable to the Electronic Communications Sector (ECS) and empowers URCA as the independent regulator of that sector.  The Act charges URCA with the responsibility for implementing the ECSP and grants URCA the exclusive right to manage, allocate and assign all frequencies (i.e., frequencies of electromagnetic energy) in the radio spectrum in The Bahamas excepting that the Minister shall decide the method of allocating frequencies in the premium spectrum bands identified in this NSP. In April 2014, URCA published the second revision of the NSP (2014-2017) (ECS 03/2014). Section 31(4) of the Act stipulates that within three (3) years of each publication of a spectrum plan, URCA must formulate, in consultation with the Minister, a revised spectrum plan and submit the revised plan to the Minister for approval. Pursuant to Section 31(4) of the Act, URCA has revised the NSP (2014-2017), and the Minister has approved the new Spectrum Plan.

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ECS 01/2020 FINAL DETERMINATION AND ORDER Issued to: The Bahamas Telecommunications Company Limited

The Utilities Regulation and Competition Authority ('URCA') issues this Final Determination and Order to The Bahamas Telecommunications Company Limited ('BTC') in relation to changes made to BTC's Flow TV channel line -up effective 1 December 2018 and 1 January 2019. The changes consisted of the following:  

• BTC added two channels to its Flow TV channel line-up effective 1 December The channels added were Discovery World and Discovery Theater.
• BTC removed six channels from its channel line-up effective 1 January The channels removed were Big Ten Network, Fox Deportes, Fox Sports Racing, National Geographic, National Geographic Wild, and BBC America. 1

  BTC's Flow TV products are offered on both a standalone basis and as part of a bundle. Because the Flow TV products are bundled with BTC's fixed voice services which are price regulated, the bundles are subject to the Regulation of Retail Prices for SMP Operators - Rules (ECS 06/ 2014),2 (also referred to as the  Retail  Pricing  Rules or the  Rules).  The modifications listed above con st itut e changes to the non -price terms and conditions of a Price Regulated Bundle, therefore, BTC must obtain URCA's written approval before introducing such changes. Additional ly, the Consumer Protection Regulations 3 require BTC to give customers not less than one-month' s notice of any proposed modification, amendment or variation to a contract which is likely to be of material detriment to the customer. BTC's Individual Operating Licence (IOL) mandates  BTC  to adhere to specific regulatory obligations and any determination made by URCA.   Despite these obligations, BTC advertised the changes to the public and implemented them without receiving URCA's prior written approval. As a result of BTC's actions, URCA commenced an investigation to determine whether or not BTC breached its obligations. URCA issued a Preliminary Determination to BTC in the matter of: Breaches of the Retail Pricing Rules  and  Other M easures (ECS 70/2019) on 6 November 2019. BTC responded on 10 December 2019.

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ECS 74/2019 Wholesale Fixed and Mobile Termination Rates for SMP Licensees

In this document, the Utilities Regulation and Competition Authority (“URCA”) issues its Final Determination on forward-looking, cost-oriented rates for wholesale fixed and mobile termination services in The Bahamas. Taking into account the time it will take to derive forward-looking cost-oriented rates, the elapsed time since the current rates were set, and the prevailing level of these rates, URCA has also assessed, and concluded on, the merits of setting interim termination rates, prior to moving to full cost orientation. URCA issued the Preliminary Determination for this consultation on 12 September 2019. That document had the following core objectives:

• to set out the appropriate framework for setting forward-looking, cost-oriented termination rates in The Bahamas, taking into account both theoretical and practical considerations;
• to assess the merits of setting interim termination rates until the forward-looking, cost-oriented rates are available;
• to set forth the proposed interim termination rates, informed by a benchmarking exercise; and
• to invite comments from stakeholders on URCA’s proposals.

The first round of responses to the consultation was due on 14 October 2019. The second round of responses was due on 28 October 2019. In addition to seeking general comments and/or views to URCA’s preliminary findings, URCA’s consultation paper sought respondents’ views on five questions: Consultation Question 1: Do you agree with URCA’s preliminary view that forward-looking, incremental cost is the appropriate basis for setting termination charges?  Consultation Question 2: Do you agree with URCA’s preliminary view that developing Bahamas-specific BU LRIC models should be used as a base for setting forward-looking LRIC-based termination rates in The Bahamas? Consultation Question 3: Do you agree with URCA’s view that interim rates for intra-island fixed termination and mobile termination services should be set? Consultation Question 4: Do you agree with URCA’s proposed approach for setting interim fixed and mobile termination rates (including the proposed use of a glide path)? Consultation Question 5: Do you agree with the proposed levels of interim termination rates? Three parties submitted initial responses to the consultation, namely:

• Be Aliv Limited (“Aliv”);
• Bahamas Telecommunications Company Limited (“BTC”); and
• Cable Bahamas Limited (“CBL”).

BTC and CBL made additional submissions as part of the second round. These additional submissions commented on aspects of the initial consultation responses submitted by the other parties. Aliv also made a second-round submission but stated within it that it generally adopted the same positions as those within CBL’s submission.   URCA thanks respondents for their written submissions and participation in the consultation process. The participation by all parties was useful and constructive.   URCA now sets out its reply to the comments it has received. In so doing, it 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.

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ECS 73/2019 Guidelines for Digital Transition: Identification of Available Digital Dividend Spectrum

The Communications Act, 2009 (Comms Act), grants the Utilities Regulation and Competition Authority (URCA), the exclusive authority to manage, allocate, and assign radio frequency spectrum in The Bahamas. The evolution of digital technology in the television broadcasting service has availed an opportunity for URCA to advance the objective of the Electronic Communication Sector Policy as it relates to the efficient use of the radio spectrum. The purpose of this Final Decision is to introduce the framework for digital switchover in the Bahamas and identify the available digital dividend spectrum. Digital dividend spectrum refers to the spectrum in the frequency bands from 174 to 230 MHz ( VHF) and from 470 to 862 MHz (UHF), which is freed when a terrestrial television broadcasting service transitions from analogue to digital technology. In the past decade, one of the most important spectrum management issues for developed and industrialized countries has been the digital switchover (DSO). DSO involves the transition from analogue terrestrial television broadcasting to digital terrestrial television broadcasting (DTTB), the purpose of which is to free up spectrum for existing and emerging wireless broadband communications services. The issue of DSO is relevant to The Bahamas because the national electronic communications industry sources wireless communication equipment from global providers that no longer manufactures analogue devices. For this reason, URCA must identify and provide spectrum for existing and emerging wireless broadband communications services. To address issues expressed by its member states concerning DSO, The ITU published the Guidelines for Transition from Analogue to Digital Broadcasting (the “Guidelines”) in January 2010.1 According to the Guidelines: …broadcasting [is] one of the most economic and influential media to deliver content such as news, education and entertainment and to be able to contribute to narrowing the digital divide is now on the verge of a revolution which is expected to affect not only broadcasting itself but also other media. The Guidelines provide, inter alia: i. Options for policy and technology choices, and implementation guidelines; ii. Context, relevancy and impact of choices; iii. Cost/benefit analysis; and iv. Generic roadmaps and main activities Therefore, URCA is guided by the above-mentioned ITU recommendations in setting out the relevant framework for DSO and identifying the digital dividend spectrum. On 17 April 2018, URCA, in alignment with the above Guidelines, published its Statement of Results and Final Decision on the Proposal to Open Standard Spectrum Bands Currently Specified as Closed in the National Spectrum Plan (NSP) 2014 – 2017. Subsequently, URCA has identified available spectrum in line with the Guidelines.  

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ECS 71/2019 Final Determination and Order Issued to Cable Bahamas Ltd

This document concludes the Utilities Regulation and Competition Authority’s (’URCA’) investigation into Cable Bahamas Limited’s (‘CBL’) compliance with the Retail Pricing Rules and other obligations or regulatory measures. On 13 September 2019, URCA issued a Preliminary Determination and Draft Order to CBL In the matter of: Breaches of the Retail Pricing Rules and Other Measures (ECS 68/2019). The document stemmed from CBL’s replacement of eight television channels from its REV TV line-up effective 14 June 2019. CBL did not notify URCA until the day before the effective date, i.e., 13 June 2019, and CBL only notified subscribers on the day when the changes came into effect. The affected TV packages along with the channels that were removed, and their respective replacements are outlined in Table 1 below. Table 1 is based on CBL’s initial 13^th June letter in addition to its 31 July 2019 correspondence to URCA in which CBL presented data to show that a significant number of its pay TV subscribers were affected by the channel changes.

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ECS 69/2019 Final Determination Revise License Exempt Spectrum and Guideline for Type Approval of License Exempt Devices

In this document, the Utilities Regulation and Competition Authority (“URCA”) issues this Final Determination on the Revisions to the Final Determinations Class Licences, Exemptions and Types of Fees (ECS 24/2009) and Guidelines for the Type Approval Certificate of Licence‐Exempt Radio Spectrum Devices (ECS 02/2013).

URCA issued the Preliminary Determination for this consultation on 5 July 2019. This Final Determination, which is a revision of the Final Determinations on Class Licences, Exemptions, and Types of Fees (ECS 24/2009) and Guidelines for the Type Approval Certificate of Licence‐Exempt Radio Spectrum Devices (ECS 02/2013), had the following core objectives:

 Revise Annex G of the Final Determination: Class Licences, Exemptions, and Types of Fees (ECS 24/2009) to allow URCA to grant a type approval certificate for new categories or types of low power electronic communications devices that satisfy the requirements for exemption set out in section 17(3) of the Comms Act; and

 Revise the Guidelines for the Type Approval of Licence‐Exempt Radio Spectrum Devices (ECS 02/2013) to make it possible for URCA to exclude other categories or types of low power electronic communications devices from licensing.

 Invite comments from stakeholders on the Preliminary determination setting out the proposed revisions. The responses to the consultation were due on 5 August 2019.

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ECS 03/2019 Statement of Results Technical Standards Framework for FM Broadcasting

The Utilities Regulation and Competition Authority (URCA) today issued its Statement of Results and Final Determination in relation to its “Second Consultation on Technical Standards Framework for FM Radio Broadcasting in The Bahamas – ECS 08/2018” (“the Second Consultation”). URCA also publishes its Technical Standards for FM Radio Broadcasting in The Bahamas (the Technical Standards) document – ECS 04/2019 concurrently with the publication of this Statement of Results and Final Decision. URCA’s decisions reflected herein have also considered matters discussed and responses received in relation to URCA’s consultation on “Technical Standards Framework for FM Radio Broadcasting in The Bahamas – ECS 07/2015” (the First Consultation).

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ECS 12/2018 Statement of Results and Final Determination on Net Neutrality and OTT Services

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.

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ECS 09/2018 Final Determination Resale Broadband Obligation

The Utilities Regulation and Competition Authority (URCA) has today published a Final Determination on the requirement for The Bahamas Telecommunications Company Ltd. (“BTC”) and Cable Bahamas Ltd. (“CBL”) to continue to offer a resale fixed broadband product.  The determination also addresses the need for both operators to update their current product offerings to ensure they are fit-for-purpose and in-line with market developments. By way of background, URCA imposed an obligation as part of its 2010 Final Decision (ECS 11/2010) for both BTC and CBL to offer a resale fixed broadband product in the respective geographic markets where they were considered to have significant market power (SMP).  This SMP obligation aims to provide a low-cost option for alternative providers to enter the fixed broadband market and offer retail services in direct competition to BTC and CBL without having to deploy their own network infrastructure and therefore furthers URCA’s objective of promoting competition. In keeping with the principle of light-touch regulation, URCA did not review or approve the terms and conditions or pricing of these offers beyond its high-level compliance check of the offers in 2010. After several industry players raised concerns about the nature of the current offers, URCA was concerned that there had not been any take-up of the resale broadband services to date given the elapsed time since the offers were available. For these reasons, URCA commenced this review. URCA issued the Preliminary Determination for this consultation on 31 October 2017. The first round of responses to the consultation were initially due on 15 January 2018 but were later extended to 28 February 2018. The second round of responses were initially due on 14 February 2018 and then extended to 2 April 2018. URCA received responses from Andros Lakeside Development Company Ltd (“ADC”), BTC, and CBL as a part of the first round. Subsequently, BTC and CBL made submissions as part of the second round. In this Final Determination, URCA reconfirmed the SMP designations of BTC and CBL in wholesale fixed broadband services and hence the need to maintain this obligation. URCA then reviewed the price and non-price terms and conditions of BTC’s and CBL’s resale offers to ensure that these are reasonable and can support the development of effective and  efficient competition in the retail broadband services market. Taking into account the submissions received, URCA determined that:

• CBL holds SMP in the wholesale market for fixed broadband services in New Providence, Abaco, Eleuthera and Grand Bahama only; and
• BTC holds SMP in the wholesale market for fixed broadband services in all areas where CBL does not currently offer retail fixed broadband services.

In view of this, BTC and CBL are required to amend and resubmit revised resale broadband offers as set out in Section 2 of the Final Determination to URCA on or before 31 August 2018. Upon review and approval, URCA will indicate the timeframe for both operators to publish the respective resale broadband offers on their websites. The full Final Determination can be found below.

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ECS 05/2018 Final Determination and Order – Bahamas Telecommunications Company Ltd. and Be Aliv Limited Fixed Termination Charge Dispute

The Utilities Regulation and Competition Authority (URCA) has today published a Final Determination and Order to the Bahamas Telecommunications Company Ltd. (‘BTC’) and Be Aliv Limited (‘Aliv’) (the Parties) relating to their interconnection rate dispute which was submitted to URCA by BTC on 15 August 2017. By way of background, Aliv’s mobile phone numbers are non-geographic. Therefore, numbers cannot be used to identify the point of call origination from Aliv’s mobile network. BTC contended that this makes it difficult for BTC to measure the volume of intra- and inter-island traffic from Aliv's subscribers to BTC's fixed subscribers and apply the correct fixed termination rates set out in Annex G.1 of the URCA-approved BTC Reference Access and Interconnection Offer (“RAIO”). BTC and Aliv were not able to agree on an appropriate approach to charging termination rates for these calls, and on 15 August 2017 BTC submitted a Notice of Dispute to URCA for resolution of the issue. Following consideration of BTC’s Notice of Dispute, Aliv’s response to the Notice, and detailed submissions by BTC and Aliv, URCA issued a Preliminary Determination and Draft Order (ECS 25/2017) on 5 December 2017 setting out its proposed findings and giving the Parties the opportunity to make representations or objections on or before 19 January 2018. URCA received submissions from both Parties. Consequential to its assessment of the submissions received, URCA issued its Final Determination and Order to BTC and Aliv on 3 May 2018 in which URCA made the following findings:

• The BTC/Aliv Interconnection Agreement provides for two physical points of interconnection (POIs) between Aliv’s mobile network and BTC’s fixed network – one in New Providence and one in Grand Bahama. Aliv uses far-end handover for calls from its mobile network to BTC’s fixed subscribers. Far-end handover means that Aliv hands over the call to BTC at the POI closest to the network termination point of the called party, irrespective of which island the Aliv customer is on when making the call. This means that for an Aliv to BTC fixed call the intra-island termination rate applies where the BTC fixed line customer and the POI are on the same island.
• Given that Aliv uses far-end handover and its service numbers are non-geographic, a fair and reasonable application of Annex G.1 of the RAIO must take account of the location of the called party and the POI between BTC’s fixed network and Aliv’s mobile network.
• Because it is technically feasible for BTC to identify the island of the called party by the office code digits of the number, a blended rate is not required to resolve the Dispute. This method of identification along with the traffic management responsibilities established in the BTC RAIO provide a transparent and efficient framework for verifying billing outputs.
• The correct termination rate for an Aliv mobile call to a ViBe customer is 2.01 cents per minute.
• Aliv does not require a national call transit service to convey calls to BTC’s fixed subscribers.
• The Parties shall revise the interconnection payments resulting from any incorrect charges effective from December 2016 to present, based on the above findings.
• URCA requires both Parties to comply with the remedies outlined above within 30 calendar days from the issuance of this Order.

The full Final Determination and Order can be found below.

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ECS 04/2018 Statement of Results and Final Determination on Proposal to Open Standard Spectrum Bands

The Utilities Regulation and Competition Authority (URCA) has today published a Statement of Results and Final Decision  under the caption Proposal to Open Standard Spectrum Bands Currently Specified as ‘Closed’ in the National Spectrum Plan 2014-2017 (ECS 03/2014).  The Statement of Results and Final Decision is listed as ECS 04/2018 and follows URCA’s review of the responses to the Public Consultation Document, ECS 18/2017, published on 9 November 2017 under the same caption. During the consultation period, URCA received written responses from:

• Andros Lakeside Development Company Ltd.;
• Be Aliv Limited; and
• Cable Bahamas Ltd and it subsidiary Systems Resource Group (CBL & SRG).

The substance of the responses is summarised in the Statement of Results which can be downloaded below.  URCA thanks the respondents for their participation in this public consultation process, which informed the Final Decision. The Final Decision on the Proposal to Open Standard Spectrum Bands Currently Specified as ‘Closed’ in the National Spectrum Plan 2014-2017 (ECS 03/2014) set out URCA’s plan for:

1. The opening of spectrum bands;
2. The provisioning of spectrum bands;
3. The allocating of spectrum bands; and
4. The determining of spectrum band plans.

The Statement of Results and Final Decision Document can be found below.

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ECS 02/2018 Final Determination and Order to BTC on Breaches of Retail Pricing Rules

The Utilities Regulation and Competition Authority (“URCA”) has published a Final Determination and Order to the Bahamas Telecommunications Company Ltd. (“BTC") relating to breaches by BTC of the ex-ante retail pricing rules and other regulatory measures. Copies of URCA’s Final Determination may be downloaded from URCA’s website at www.urcabahamas.bs. It should be noted that some information has been redacted from the published document on the grounds of commercial confidentiality. On 19 October 2017, URCA issued a Preliminary Determination and Draft Order to BTC entitled “In the matter of: Breach of Ex-ante Retail Pricing Rules and Other Measures’’ (ECS 14/2017). The Preliminary Determination was in furtherance to a complaint by Be Aliv Limited (“Aliv”) submitted to URCA on 28 March 2017 against BTC. Aliv’s complaint included allegations that BTC’s tariff offers for mobile services do not comply with a number of the procedural aspects of the Ex-Ante Retail Pricing Rules (“the Rules”). During its investigation, URCA identified a series of breaches committed by BTC during the period of November 2016 through June 2017. Both BTC and Aliv were invited to submit responses by 18 November 2017. URCA received a submission from BTC however Aliv informed URCA that it did not intend to make any representations. URCA determined that BTC breached Condition 35 of its Individual Operating Licence (IOL), the Retail Pricing Rules, and the Consumer Protection Regulations, in that BTC:

• failed or refused to publicise all relevant terms and conditions in the advertisements for a service;
• failed or refused to publish all charges (including off-net charges) and other non-price terms and conditions for a service on its websites;
• offered Full Length Promotions beyond the maximum time period allowed for such promotions;
• failed or refused to display on its websites and other advertising mediums accurate, true, up-to-date information on all material aspects for subscribing to a service; and
• failed or refused to comply with directives from URCA pursuant to the foregoing obligations.

Consequential to the above, URCA directed BTC to:

• Conduct periodic reviews of its main website and other advertising media in order to identify any discrepancies in the marketing and advertising of its services. The review should focus on updating of all platforms as necessary in order to ensure accuracy and consistency in the information published across its web platforms and other advertising media. Clearly state that there is no differential between its on-net and off-net rates on its prepaid mobile plan webpage, and include the definition of “cross net” in the FAQ section of its website if it continues to use the term;
• At all times abide by the approval and notification procedures specified in the Rules and other similar obligations or regulatory measures;
• Ensure that all promotions marketed to the public are clearly stated as promotions on its website, its mobile platform and all other marketing/advertising media;
• Prominently display (on its website, its mobile platform and all other fora) both the start and end dates of each promotions;
• Discontinue the sale and marketing/advertising of a promotion on the end dates notified to URCA by BTC, and approved or acknowledged by URCA;
• Ensure that the terms and conditions for all promotions and other price and service changes are in line with the Rules, the Comms Act, its IOL, the Sector Policy and, its notification or application for approval along with any regulatory measure issued by URCA, as necessary;
• Publish all relevant terms and conditions for all promotions and other price changes that are subject to a notification or approval; and
• Pay a fine under section 109 of the Comms Act in the amount of $30,868.56no later than thirty (30) calendar days from the issuance of this Order. Payment of such fine shall be as directed by URCA.

In order to aid with the general understanding of this Final Determination and for ease of reference, URCA lists below questions that the general public may have and provides answers to these questions. What is this document about? This document is a determination by URCA imposing specific corrective actions and a financial penalty on BTC for breaching relevant obligations in its Individual Operating Licence, the Retail Pricing Rules and the Consumer Protection Regulations. URCA Preliminary Determination, issued on 19 October 2017, presented URCA’s preliminary findings from its investigation and allowed BTC and Aliv the opportunity to comment on the findings or any related matter. The Final Determination, issued to BTC on 22 March 2018 and published on 6 April 2018, presented the summary of the comments received, URCA’s responses to the comments, and URCA’s final decisions on the matter. Background of the Retail Pricing Rules In 2010, URCA imposed several obligations on licensees deemed to have significant market power (SMP) in specific retail markets, namely BTC and Cable Bahamas Limited (“CBL”). The purpose of the obligations was to prevent operators from using their dominance in a market to harm consumers and/or competition.  One of the obligations was retail price regulation which was applied to BTC’s retail fixed voice and retail mobile voice and data services, and CBL’s SuperBasic package (now titled REVPrime). In April 2010, URCA published the Retail Pricing Rules (ECS 12/2010), also known as the Rules, which outlined the procedures for SMP operators to abide by when introducing new Price Regulated Services and/or changing the prices or terms and conditions of Price Regulated Services. The Rules were revised by URCA in 2014 to streamline the process and add more clarity. What is the purpose of the Retail Pricing Rules? The Rules were designed to provide URCA with the ability to prevent SMP operators from using their significant market power to engage in excessive pricing, predatory pricing (pricing too low so that other operators would not be able to profitably compete) or undue discrimination (unfair treatment between different segments of customers). The Rules also provide guidelines for SMP operators to make consumers fully aware of new services and/or changes in prices or non-price terms and conditions. What is a Special Promotion? A Special Promotion is a temporary change in the price and/or non-price terms of existing services in the market. A Short Term Promotion has a duration of no more than seven (7) consecutive calendar days or for seven (7) non-consecutive calendar days within a period of 14 calendar days. A Full Length Promotion has a duration of more than one calendar week or more than seven (7) non-consecutive calendar days within a period of 14 calendar days, but for no more than 90 calendar days. What is the purpose of the Consumer Protection Regulations? The Consumer Protection Regulations consist of general regulations relating to the protection of consumers. It addresses matters including but not limited to billing and credit management, customer quality of service, consumer sales, contracts and services, consumer complaint handling and advertising. How do the Retail Pricing Rules and Consumer Protection Regulations differ? The Retail Pricing Rules only apply to price regulated services. An SMP operator may offer services which are not subject to price regulation. The Consumer Protection Regulations apply to all holders of Individual Operating Licences (IOLs) and Class Operating Licenses Requiring Registration (COLRRs) in The Bahamas. The Retail Pricing Rules and the Consumer Protection Regulations overlap with respect to certain stipulations on the provision of information and the accuracy of advertising.

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ECS 27/2017 Consultation on Measures for the Collection and Reporting of Market Data

Today, the Utilities Regulation and Competition Authority (“URCA”) released its Statement of Results and Final Decision on the “Consultation on Measures for the Collection and Reporting of Market Data by Specified Licensees” (ECS 05/2017). The consultation stems from URCA’s authority under sections 8(1)(k) and (I) and section 5 of the Communications Act, 2009 (the “Comms Act”) and relevant licence conditions relating to market information. The consultation builds on a previous proposal by URCA to receive more frequent market information from licensees and the intent to improve URCA’s overall data collection practice and requirements. Simultaneously with the publication of the Statement of Results and Final Decision, URCA also publishes its “Market Information Reporting Requirements for Specified Licensees in the Electronic Communications Sector” (ECS 28/2017). This document sets forth URCA’s reporting format and requirements for market statistics and repeals, supersedes and replaces URCA’s current data collection practice. The requirements set out in this document cover the following communications activities:

• provision of mobile voice and data services;
• provision of fixed telephony services;
• provision of fixed broadband and narrowband internet services;
• provision of pay TV services (include cable and IPTV); and
• provision of business data connectivity services including national and international leased circuits.

Both documents (ECS 27/2017 & ECS 28/2017) are available for download from URCA’s website at www.urcabahamas.bs. Failure to comply with the new reporting format and requirements may subject “specified licensees” to the enforcement provisions of the Comms Act, any other relevant law and regulatory or other measures. For the avoidance of doubt, this process does not apply to or impact licensees regulated by URCA in the Electricity Sector.

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ECS 01/2017 Statement of Results and Final Determination on Mobile Number Portability

The Utilities Regulation and Competition Authority (URCA) today published its Statement of Results and Final Determination on Mobile Number Portability (MNP). On December 14, 2016 URCA issued its Preliminary Determination on the Implementation of Mobile Number Portability in The Bahamas pursuant to Section 80 of the Communications Act, 2009 [ECS 40/2016] (hereinafter referred to as “the Preliminary Determination”). The Preliminary Determination incorporated the Local Number portability Business Rules (“the LNP Business Rules”) and outlined URCA’s preliminary views and proposals relative to the launching of Mobile Number Portability (MNP) in The Bahamas. The document invited comments from interested parties on matters related to the implementation of MNP in The Bahamas and subject to responses received, proposed the launch of MNP by 14 February 2017. This proposed date was based on an agreed schedule for the necessary preparatory activities for both providers concerned, namely the Bahamas Telecommunications Company Limited (BTC) and BeAliv Limited (Aliv). The launch of MNP requires both operators to implement various changes to their networks and business processes, and therefore requires extensive coordination by URCA. Commencing during the last week in January, URCA carried out an assessment of the operators’ readiness for MNP and noted, with disappointment, that neither operator was in a position to ensure a successful implementation of MNP by the proposed 14 February 2017 launch date. URCA was particularly concerned to note that in relation to several of the workflows necessary to support MNP, both Aliv and BTC appeared to have neglected to have made the required progress and moreover, that the information that had been provided on an ongoing basis by both operators to URCA, had not accurately reflected the operators’ actual readiness. URCA therefore asked an independent advisor to provide expert advice on the remaining work which both operators needed to do to implement MNP, and the time that such work would reasonably take. Further, URCA directed Aliv and BTC to each provide a written assessment of their own readiness and, based on that assessment, to provide URCA with a written commitment of the date on which they would be ready for MNP. Based on the advice of the expert consultant, and the operators’ written commitments, URCA’s Final Determination requires that MNP be available to persons in The Bahamas on any island where mobile services are available from more than one licensee, from 25 April 2017. The relevant licensees (BTC and Aliv) must ensure that they have completed the installation and testing of all required systems and processes for the implementation of MNP by no later than 14 April 2017. URCA has also issued as part of its Final Determination, the LNP Business Rules which will govern all fixed number portability (FNP) and MNP transactions in The Bahamas, with which all operators must comply. As the LNP Business Rules apply equally to FNP transactions, they supersede and replace the FNP Business Rules which URCA issued in its Second FNP Determination in 2013 and which has governed FNP to date. Finally, URCA’s Final Determination addresses various ancillary matters pertaining to MNP implementation, including the schedule for testing, and the public awareness campaign which will be undertaken by URCA and the licensees to ensure that the public is fully aware of the way that MNP will work in The Bahamas.

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ECS 41/2016 Statement of Results and Quality of Service Regulations and Network Performance Metrics

The Utilities Regulation and Competition Authority (“URCA”), today issued its Statement of Results and Final Decision (ECS 41/2016) along with the finalised text of the Quality of Service Regulations, ECS 42/2016 (the “QoS Regulations”). The Regulations are applicable to holders of Individual Operating Licences (IOLs) that provide fixed or fixed wireless telephony services, cellular mobile voice and data services, and internet services, including both legacy services and next-generation services. On 23 December 2015, URCA published its consultation document on "Quality of Service Regulations for Electronic Communications Networks and Services in The Bahamas”, ECS 06/2015, which invited comments from interested parties and the public. The period for submission of written responses and comments to the consultation document closed on 26 February 2016. During the consultation period URCA received written responses from Bahamas Telecommunications Company Ltd. (BTC); and Cable Bahamas Ltd. (CBL). URCA appreciates and thanks the respondents for their participation in this public consultation process. This Final Decision and the accompanying QoS Regulations are made by URCA having reviewed and fully considered all responses to the consultation, and the publication of these documents conclude the public consultation. The QoS Regulations are supplemental to URCA’s Consumer Protection Regulations as specified in ECS19/2013 issued on 26 May 2014. They are intended to give further effect to URCA’s duties outlined in sections 45 and 46 of the Comms Act. In addition to fulfilling the aforementioned duties, the QoS Regulations are aimed at implementing electronic communications policy objectives set out in section 4 of the Comms Act, in particular to enhance the efficiency of the Bahamian electronic communications sector and the productivity of the Bahamian economy, and to further the interests of persons in The Bahamas in relation to the electronic communications sector.

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ECS 34/2016 Final Determination on Pricing Rules for Non Price Capped Service

The Utilities Regulation and Competition Authority (URCA) has published its Final Determination and Statement of Results on the “Consultation on Proposed Revision of the Retail Pricing Rules for Price Regulated Services Not Subject to Price Cap Regulation (Non Price Capped Services)” (ECS 34/2016). In this Final Determination, URCA presents its amendments of the “Regulation of Retail Prices for SMP Operators – Rules” (ECS 06/2014), also known as the Retail Pricing Rules or the Rules. This Final Determination sets out URCA’s revisions to the Rules for Non Price Capped Services taking into account the responses received during the consultation period. The published document also provides URCA’s feedback on responses received to the consultation, which comprised two rounds of comments from interested persons. At the close of the initial response period (i.e., 8 July 2016) URCA received written comments from Bahamas Telecommunications Company Ltd. (BTC), Cable Bahamas Limited (CBL), and New2015 Limited (NewCo). In the second consultation round responses were received from BTC and CBL.

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ECS 33/2016 Statement of Results & Final Determination on SMP in Call Termination for NewCo

Public Consultation on the Assessment of Significant Market Power in Mobile Call and Short Messaging Termination Services on NewCo2015 Limited’s Cellular Mobile Network in The Bahamas under Section 39(1) of the Communications Act, 2009

URCA has published its Final Determination and Statement of Results on the “Assessment of Significant Market Power in Mobile Call and Short Messaging Termination Services on

NewCo2015 Limited’s Cellular Mobile Network in The Bahamas under Section 39(1) of the Communications Act, 2009” (ECS 33/2016).

In this document, URCA made determinations regarding the definition of markets, that NewCo has significant market power (SMP) in those markets, and the extent to which ex-ante

regulation is appropriate in those markets. The published document also provides URCA’s feedback on responses received to the consultation, which comprised two rounds of comments

from interested persons. At the close of the initial response period (i.e., 15 August 2016) URCA received written comments from Bahamas Telecommunications Company Ltd. (BTC) and

NewCo2015 Limited (NewCo). In the second consultation round responses were received from BTC and NewCo.

On 30 June 2016, URCA granted to NewCo2015 Limited (“NewCo”) an Individual Operating Licence (IOL) authorising the operation of an electronic communications network and provision

of carriage services, and an Individual Spectrum Licence (ISL) authorising the use of specific blocks of radio frequency spectrum, suitable for the operation of a cellular mobile network and

provision of cellular mobile services.

URCA, having conducted a review of mobile termination services (voice and messaging service) on NewCo’s cellular mobile network in The Bahamas in accordance with the Comms Act and the

SMP Methodology (or SMP Guidelines), made the following determination:

• NewCo holds SMP in the market for Mobile Call Termination on NewCo’s Cellular Mobile Network.
• NewCo holds SMP in the market for Mobile Message Termination on NewCo’s Cellular Mobile Network.
• NewCo’s mobile termination rates will be set based on BTC’s interim mobile termination rates contained in BTC’s RAIO, plus a 25% mark-up. That is, NewCo shall not charge a termination rate any greater than:
  • 3.10 cents per minute for any incoming domestic calls to NewCo’s mobile network;
  • 5.76 cents per minute for any incoming international calls to NewCo’s mobile network; and
  • 1.75 cents per SMS termination on NewCo’s mobile network.

In the Final Determination, URCA reserved the right to revisit NewCo’s interim mobile termination rates set out above, if URCA, in its sole discretion considers it appropriate to do so,

or in response to a request by BTC.

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ECS 19/2016 Statement of Results and Final Determination on RAIO

The Utilities Regulation and Competition Authority (URCA) has published its Final Determination on the amendments to the Bahamas Telecommunications Company Ltd. (BTC) Reference Access and Interconnection Offer (RAIO), issued to BTC on Monday 8 August 2016.

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ECS 18/2016 Statement of Results & Final Determination & Order National Roaming Services

On 30 March 2016, the Utilities Regulation and Competition Authority (URCA) issued a public consultation document entitled “Provision of National Roaming Services on the Cellular Mobile Networks of the Bahamas Telecommunications Company Ltd. in The Bahamas to the Second Cellular Mobile Operator for an Interim Period“(ECS 10/2016).1 The consultation considered whether in accordance with the provisions of the Communications Act, 2009 ("Comms Act") and the Electronic Communications Sector Policy ("ECS Policy"), it would be necessary and proportionate for URCA to impose a Significant Market Power (SMP) obligation on the Bahamas Telecommunications Company Ltd. (“BTC”) to provide national roaming services to the second cellular mobile operator (“NewCo2015 Limited”) for an interim period of time during the build-out of its own cellular mobile network.

The consultation document provided an opportunity for members of the public, licensees and other interested parties to submit written comments to URCA. In summary, the consultation consisted of two main parts:

• URCA’s rationale for the Preliminary Determination on national roaming, including its SMP assessment of the wholesale market for national roaming services in The Bahamas; and
• URCA’s proposed wording for a Preliminary Determination and Draft Order on national roaming).

The document also contained a number of questions to assist respondents in preparing their written comments on the consultation.

Initial responses to the consultation, and reply comments to responses received, were received from two parties, namely:

• BTC; and
• Cable Bahamas Ltd. (“CBL”) on behalf of NewCo2015 Limited (NewCo).

The full text of all written submissions received can be found at www.urcabahamas.bs. URCA wishes to thank BTC and CBL for their participation in the consultation process.

This present document sets out URCA's Final Determination and Order on national roaming, taking into account the comments received during the consultation period. In particular, URCA has determined that BTC should provide national roaming to NewCo for a restricted period of up to 24 months from the issuance date of NewCo’s Individual Operating Licence (IOL) and Individual Spectrum Licence (ISL). Broadly, this temporary obligation is intended to enable NewCo to offer its pre-paid and post-paid subscribers a range of mobile services in areas outside of its network coverage area. The obligation is  uni-directional because NewCo is under no obligation to supply BTC with equivalent inputs to NewCo's own cellular mobile network and infrastructure. In preparing this document, URCA has given utmost consideration to all the substantive comments received from both licensees.

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ECS 01/2016 Review of Radio Frequency Spectrum Pricing

This Statement of Results and Final Decision is issued by the Utilities Regulation and Competition Authority (“URCA”) pursuant to sections 8(1)(e), 29 and 93 of the Communications Act, 2009 (Comms Act). The publication of this document concludes URCA's public consultation on "Review of Radio Frequency Spectrum Pricing" (ECS 04/2014).

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ECS 11/2015 Guidelines – Calculating Net Cost of USO Obligations – CBL

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ECS 09/2015 Guidelines – Calculating Net Cost of USO Obligations – BTC

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ECS 14/2015 Statement of Results and Final Decision

URCA issues its Statement of Results and Final Decision in response to Cable Bahamas Limited applications

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ECS 08/2015 - Final Determination on the Proposed Revision of the Access and Interconnection Framework

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ECS 05/2015 Statement of Results – Infrastructure Sharing Regulations

URCA releases the Statement of Results which details feedback to the draft Infrastructure Sharing Regulations during consultation.

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ECS 14/2014 Assessment of Significant Market Power in the ECS

URCA ISSUES FINAL ASSESSMENT RE:SMP

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Final Determination Issued to Spectrum Center Company

Take Notice that on June 19th, 2014, URCA issued a final determination, having determined that the Licensee had breached conditions of the Individual Spectrum Licence. click below to read full notice

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Final Determination Issued to Pacific Wireless Services

Take Notice that on June 19th, 2014, URCA issued a final determination, having determined that the Licensee had breached conditions of the Class Operating Licence. click below to read notice in full.  

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Adjudication and Order Issued to BTC July 29th 2014

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ECS 12/2014 Consultation/Final Determination Re Wholesale Fixed Call Termination Price Control -SMP Licensees

The Utilities Regulation and competition Authority (URCA) publishes its Statement of Results and Final Determination on “Wholesale Fixed Call Termination Price Control For Significant Market Power (SMP) Licensees” (ECS 12/2014). The consultation document (ECS 01/2014) which sets out URCA’s preliminary views and proposals on Wholesale Fixed Call termination for SMP Licensees, was released to the public on March 7th 2014. Feedback was received from The Bahamas Telecommunications Company Ltd. (BTC) and Cable Bahamas Limited (CBL) including Caribbean Crossings Ltd and Systems Resources Group Ltd. This Final Determination is yet another major initiative by URCA as the regulator of the Electronic Communications Sector, to foster fair and sustainable competition amongst licensees. The full Statement of Results and the full Press Statement can be downloaded by clicking on the PDF documents below.

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ECS 17/2013 Third Final Determination for FNP: Cost Allocation and Recovery

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ECS 15/2013 Second Final Determination: Fixed Number Portability

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ECS 13/2013 Final Determination and Statement of Results

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Final Determination and Order - BTC June 2012 Network Outage

On March 7, 2013, the Utilities Regulation and Competition Authority (URCA) issued a Final Determination and Order to the Bahamas Telecommunications Company Limited (BTC) regarding the operator’s network outage on June 18, 2012. The Final Determination upheld URCA’s preliminary finding [release issued January 2, 2013] that BTC breached Condition 27.1.1 (a) of its individual operating licence, by failing to take all reasonably practicable steps to maintain, to the greatest extent possible, the proper and effective functioning of its public telephone network. URCA concluded that “the representations submitted by BTC, when taken at their highest, do not render nugatory URCA’s preliminary findings and therefore have not altered URCA’s preliminary conclusions that BTC has breached Condition 27.1.1(a) of the Licence”. BTC had been given until January 25, 2013 to respond to URCA’s Preliminary Determination and Draft Order. The final Order requires BTC to:

1. Submit to URCA the results of the impact analysis and risk assessment study conducted by Cable & Wireless Limited, London, within five (5) calendar days of such results being received by BTC ... You may download URCA's complete statement by following the below PDF link

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Final Determinations: Alleged Breaches of Content Regulations, ZNS

On January 15, 2013, The Utilities Regulation and Competition Authority (URCA) issued Final Determinations on alleged breaches of the Communications Act by the Broadcasting Corporation of The Bahamas (BCB) as follows:

• May 2, 2012 complaint regarding a paid political advertisement of the Free National Movement (FNM)
• Alleged use of profanity during a May 4, 2012 television broadcast

PDF document copies of the Final Determinations may be downloaded via the below links.

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ECS 25/2012 Statement of Results: BTC RAIO Charges Going Forward

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ECS 21/2012 Final Determination on Implementation of Number Portability

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ECS 21/2012 Final Determination on Implementation of Number Portability

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ECS 18/2012 Statement of Results/Final Decision: Regulatory (Separated) Acct

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ECS 16/2012 Statement of Results/Final Determination: Consumer Complaints Handling Procedures

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ECS 06/2012 Final Determination and Order: Application of the Code of Practice for Content Regulation

Today, URCA issued its Final Determination and Order on the Application of the Code of Practice for Content Regulation (ECS 6/2012) to Carriage Services, Content Services and On Demand Audiovisual Media Services and the Application of Must Carry Obligations to Content Services Intended for Reception by Subscribers of Carriage Services in The Bahamas. A PDF copy of this Final Determination and Order may be downloaded by following the below document link.

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Final Determination and Order Against CBS

Pursuant to section 101 of the Communications Act, 2009 (“Comms Act”) the Utilities Regulation and Competition Authority (“URCA”) publishes its Final Determination and Order issued on April 12, 2012 to Complete Business Systems Ltd. (“the Licensee”). The Final Determination and Order were issued in accordance with sections 99 and 95 of the Comms Act, due to the Licensee’s Individual Spectrum Licence becoming ineffectual as a result of the revocation of the Licensee’s Class Operating Licence on December 2, 2011. The Final Determination and Order and a complete copy of the notice and may be downloaded via the below noted PDF document links.

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ECS 03/2012 Statement of Results/Final Decision: BTC Application for Retail Charge for Directory Enquiry Services

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Final Determinations and Orders, Simon Smith, CBS and Pacific Wireless

Pursuant to section 101 of the Communications Act, 2009 (Comms Act) URCA hereby publishes its Final Determinations and Orders issued on September 23, 2011 to the following Licensees: (a) Simon Smith T/A Island WISP (b) Complete Business Systems Ltd. (c) Pacific Wireless Company The Final Determinations and Orders were issued in accordance with sections 99 and 95 of the Comm Act, respectively, regarding matters arising from the said Licensees failure to pay the annual URCA fee and interest thereon. In each case, the respective Licensee has breached and continues to breach Condition 1.11.1 and 1.14.1 of the Class Operating Licence Requiring Registration as issued by URCA. On September 23, 2011 URCA also ordered that the said Licensees pay the outstanding annual URCA Fee and the interest thereon within fourteen (14) calendar days of being served with the Final Determination and Order. In default, URCA will revoke the said licences. The Final Determinations and Orders may be downloaded via the below PDF document links.

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Final Determination and Order: GEMS Radio

URCA today published a Final Determination and Order that it issued under Sections 99 and 95 respectively of the Communications Act 2009 to Bartlett-McWeeney Communications Limited, the operators of GEMS FM Radio 105.9, on May 26, 2011 arising from the failure of the Licensee to retain or to permit URCA to inspect or be provided with recordings of programmes broadcast by the Licensee in February and March 2011. Pursuant to a request to URCA for an extension of the time period, the Licensee has until September 23, 2011 to comply with the Order. A PDF copies of the Final Determination and Order, including an update, may be downloaded by following the below document link.

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ECS 12/2011 Statement of Results/Final Decision:Charging for Joining Services

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ECS 01/2011 Final Decision: BTC Draft RAIO

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ECS 11/2010 Final Decision: Obligations Imposed on Operators with SMP

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ECS 04/2010 Final Determination: Types of Obligations BTC and CBL

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ECS 24/2009 Final Determination: Class Licences, Exemptions and Types of Fees

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ECS 23/2009 Final Determination: Cost of Capital, Designated SMPs

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