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.

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Revised Interim Order - Content Code Complaint Against CBL (Amended 6 August 2021)

This Interim Order is issued by the Utilities Regulation and Competition Authority (URCA) this 22nd day of July 2021, pursuant to Section 96 of the Communications Act, 2009 and Paragraph 10.11 of the Content Regulation: Code of Content Regulation (Revised) – ECS 08/2020 (“the Content Code”), to the following Licensee: Cable Bahamas Limited Robinson Road at Marathon P.O. Box CB - 13050 Nassau, Bahamas The amendment document serves as Paragraph 1.1 of the Interim Order and specifies the period of time URCA has decided it requires to complete its investigation. The amendment also specifies the effective date that the Interim Order takes effect and establishes the period of time it is to remain in effect.

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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 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 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 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 30/2017 URCA issues Interim Order pertaining to Paramount Systems Ltd.

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URCA Revokes Both of PMS Networks (Bahamas) Limited Licences

Pursuant to its authority under section 8(1)(e) of the communications Act (2009), URCA hereby advises the public that both the Individual Operating and Individual Spectrum licences of PMS Networks (Bahamas) Limited have been revoked. Click on link for full notice ....

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Two Telecommunications Licences Revoked

Pursuant to Section 8(1)(e)of the Communications Act (2009), URCA wishes to advise th epublic that it has revoked the licence of two licensees in the sector, Fifth Hillz Ltd and Foretel Softeware Communications Ltd. Click the link to read more...

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Adjudication and Order Issued to BTC July 29th 2014

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Final Order: Cable Bahamas Limited, Political Advertisements

Today, URCA issued a Final Order to Cable Bahamas Limited in response to political advertisement complaints. A copy of the Order may be downloaded by following the below PDF document link.

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Orders: Political Advertisement Complaints, CBL and ZNS

Today, URCA issued two Orders in response to complaints made against The Broadcasting Corporation of The Bahamas and Cable Bahamas Limited regarding political advertisements. Copies of the issued Orders may be downloaded via the below PDF document links.    

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Order, Inbound Call Dispute, BTC-SRG

URCA today published an Order that it issued under section 95 of the Communications Act to Bahamas Telecommunications Company Ltd. (BTC) and Systems Resource Group Ltd.(SRG, trading as IndiGO) arising from a dispute between them on 23rd June 2010. The Update Publication of Order re: BTC/SRG Inbound Termination Dispute and the Supplemental Order may be downloaded via the below PDF document links.

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ECS 03/2010 Decision: Complaint by Bernard Nottage Against ZNS

In response to a complaint made to the Utilities Regulation and Competition Authority by Dr. Bernard J. Nottage, MP, JP, against the Broadcasting Corporation of The Bahamas on 5th February, 2010, consistent with Clause 17 of the Interim Code of Practice for Political Broadcasts (ECS 01/2010) issued on 19th January 2010, the Utilities Regulation and Competition Authority has investigated the complaint and hereinafter states its formal decision on the matter and the reasons for that decision. A PDF copy of that decision may be downloaded by following the below document link.  

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