As defined in the Communications Act of 2009, electronic communications involve transmitting signals using electrical, magnetic, or electromagnetic energy, and the electronic communications sector (ECS) encompasses all economic activities related to providing electronic communications services, including broadcasting.
According to the definitions outlined in the communications legislation, the Electronic Communications Sector (ECS) in The Bahamas includes fixed and mobile telephone services, management of spectrum and numbering, internet services, and broadcasting, which encompasses pay television.
The policy objectives for the sector, as prescribed in Section 4 of the Communications Act, 2009, are built on two main objectives:
- To further the interests of consumers by promoting competition and in particular:
- To enhance the efficiency of the Bahamian electronic communications sector and the productivity of the Bahamian economy
- To promote investment and innovation in electronic communications networks and services
- To encourage, promote and enforce sustainable competition
- To promote the optimal use of state assets, including radio spectrum
- To further the interests of persons in The Bahamas in relation to the electronic communications sector by:
- Promoting affordable access to high quality networks and carriage services in all regions of The Bahamas
- Maintaining public safety and security
- Contributing to the protection of personal privacy
- Limiting public nuisance through electronic communications
- Limiting any adverse impact of networks and carriage services on the environment
- Promoting availability of a wide range of content services which are of high quality
The Government’s Sector Policy outlines the strategic aims for meeting these policy objectives. This policy is subject to revision at least every three years.
Sector Policies
The Sector Policy may be accessed via Sector Policies category of the Publications section of our website.
Telecommunications
Telecommunications includes all internet, telephone (voice and data), and PayTV services. The Bahamas Telecommunications Company Limited (BTC) holds significant market power (SMP) in fixed and mobile telephony, covering both voice and data services. As of October 2016, BTC and Be Aliv Limited are the two cellular mobile service providers in The Bahamas.
Cable Bahamas Limited (CBL), a publicly traded company, has SMP in the provision of high speed data services, connectivity, and PayTV.
Numbering
Numbering is crucial for efficient telecommunications and is increasingly important for the competitiveness of the industry. URCA is required to publish a numbering plan with the principal aims of promoting efficient use of numbering while also taking into consideration:
- International numbering standards
- Anticipated usage
- Technical feasibilities with particular consideration to the geography of The Bahamas
The national numbering plan (NNP), first released in August 2011, is crafted to aid URCA in overseeing numbering resources efficiently, promoting sector efficiency, and ensuring optimal use of these resources. It governs the administration of all numbering resources for telephone services in The Bahamas. The NNP and associated forms and documents may be downloaded via the link below:
Publication: The Bahamas National Numbering Plan
Mobile Number Portability
On April 27, 2017, the Utilities Regulation & Competition Authority introduced Mobile Number Portability (MNP) in The Bahamas. MNP enables consumers to switch service providers while keeping their current phone number by transferring it to the new provider. Further details on MNP can be accessed by reviewing the consultation documents released here. More information on MNP can be found by viewing the consultation documents released here.
Broadcasting
Broadcasting, as broadly defined in the Communications Act of 2009, includes services that provide television or radio programs, teletext services, and pay-television services. The sector encompasses private broadcasters and the government-owned Broadcasting Corporation of The Bahamas, designated as the public service broadcaster.
Broadcasting is regulated by ECS 06/2012, the Code of Practice for Content Regulation. This Code affects all licensed radio and television broadcasters in The Bahamas, providing guidelines for audiovisual media services under the editorial control and responsibility of licensees, including all locally produced programming. It sets regulatory standards and boundaries across six core content areas: harm and offense, protection of young people, political broadcasts and political advertisements, advertising and sponsorship, news and factual programs, and access services.
The code can be read in full here.
Spectrum Management
URCA’s spectrum management function includes:
- Development and implementation of market policy, including spectrum pricing
- Enhancement of spectrum management capacities, including grant authorizations
- Monitoring of compliance factors and issues
All fees related to the allocation and use of spectrum, being a national resource, are payable to the Government of The Bahamas. URCA determines the fee structure and allocates standard spectrum, while the Minister responsible for electronic communications (ECS) determines how prime spectrum is allocated and its corresponding fee structure.
On September 1, 2009, URCA issued a statement informing stakeholders of existing spectrum allocation and assignments, which remained in force until March 2010 when URCA published a National Spectrum Plan.
Significant Market Power
Significant market power (SMP) is a regulatory designation that indicates a dominant position in a specific market. It applies to licensees who have substantial economic strength, allowing them to act independently of competitors, consumers, and subscribers. This can result in practices like excessive pricing and anti-competitive behavior. URCA imposes certain obligations on these SMP operators to promote fair and sustainable competition.
In April 2010, following a consultation exercise that began in September 2009, URCA published its first decision on “Obligations imposed on Operators with Significant Market Power (SMP)”. Since then, URCA has implemented additional measures related to Significant Market Power (SMP).
SMP Operators
SMP operators can be divided into two categories: wholesale and retail.
Retail SMP Operators
At the retail level, URCA has designated the following licensees as SMP in the provision of one or more of the following:
- Cable Bahamas Limited, in the provision of:
- Retail fixed broadband services in New Providence, Grand Bahama, Abaco and Eleuthera (Geographic Market 1)
- PayTV in all Geographic Markets
- Bahamas Telecommunications Company Ltd., in the provision of:
- Retail fixed broadband services in all remaining islands (Geographic Market 2)
There is no SMP provider of retail business data and connectivity services.
SMP Operators
At the wholesale level, URCA has designated the following licensees as SMP in the provision of one or more of the following:
- Bahamas Telecommunications Company Ltd., in the provision of:
- Call transit, fixed call termination services, entry into directory inquiries database, ancillary services, and enabling products (e.g., joining circuits and points of interconnection);
- mobile access and call origination services;
- mobile call and SMS termination services;
- Be Aliv Limited in the provision of mobile call and SMS termination services;
- Cable Bahamas Ltd., in the provision of fixed call termination services:
- IP Solutions International Ltd., in the provision of fixed call termination services;
- Cable Bahamas Ltd. in the provision of fixed broadband services in Geographic Market 1; and
- Bahamas Telecommunications Company Ltd. in the provision of fixed broadband services in Geographic Market 2
Competition
URCA’s competition function applies to all services within the electronic communication sector related to providing content services, including broadcasting, networks, and carriage services. It also encompasses any other services or facilities provided through, in connection with, or to facilitate network or carriage services.
Competition issues are governed by the following regulatory guidelines:
- For Merger Control
- ECS Comp 1 – Competition Guidance, Merger Control Procedure
- ECS Comp 2 – Competition Guidance, Merger Control Substantive
- ECS Comp 3 – Merger Control, Regulation on Fees
- For Anticompetitive Agreements & Abuse of Dominant Position
- ECS Comp 4 – ECS Comp 9 – Consolidated Competition Guidelines
URCA’s Competition Guidelines outline the scope of URCA’s functions in competition matters and also provide guidance on how a competition complaint may be submitted. It also outlines URCA’s investigation procedure.
Notices
Competition Policy Library
Mergers
- 23 November 2015 – URCA issues Notice of Proposed Change in Control of BTC
- 22 March 2011 – URCA issues update on Competition Investigations, SRG & BTC
- 8 February 2011 – URCA issues Notice of Proposed Change in Control of BTC
- 8 November 2010 – URCA issues notice of In-depth Investigation into Proposed Merger between Cable Bahamas Limited (CBL) and Systems Resource Group Limited (SRG)
- 27 September 2010 – Notice of Extension of time for Proposed Merger between Cable Bahamas Limited (CBL) and Systems Resource Group Limited (SRG)
- 20 September 2010 – URCA issues Notice of Proposed Merger between Cable Bahamas Limited (CBL) and Systems Resource Group Limited (SRG)