The Tribune

EDITOR, The Tribune.          

At its annual Town Meeting to present its 2014 Annual Report and 2015 Annual Plan to the public on May 21st, the vacancy for the third non-executive Board member was evident although unmentioned.

The URCA Act provides for a Chairman and two non-exec Board members in addition to the two executive board members.

URCA was established under the new communications regulatory framework on 1st August 2009.

In anticipation at that time of a robust telecommunications sector, heralded by the privatisation of the incumbent and the liberalisation of the cellular market, the two non-exec members appointed by the Governor General on August 1st 2009 were Mr J Paul Morgan (also Deputy Chairman), a Jamaican with 38 years in the ICT sectors including as a utilities regulator, (and the Jamaican market is no walk in the park!); and Ms Katherine Doehler, a Canadian with 25 years experience as an international communications specialist.

It should be noted that The Bahamas is hard pressed to find a Bahamian at this time with the relevant hands on experience in competitive telecommunications markets.

Whilst it was accepted that the Chairman appointed by the Governor General on the advice of the Prime Minister after consultation with the Leader of the Opposition would inevitably be a political appointment, the other two Board members were designated under the Act to be experts in the sector who could lend their expertise to the development of the Bahamian market.

In fact, the Act specifically states that the non-exec members must “together have the appropriate expertise in the relevant regulated sector” and “broad experience such as would be expected of a professionally qualified economist, lawyer, accountant or persons having a background in business...” (Section 18, URCA ACT).

The Act therefore ensures that the two non-exec members must be professionally qualified and with expertise in the sector who are able to make a positive contribution at the Board and that any ole’ political appointee just there collecting a cheque will not qualify for appointment.

And therein may very well be the reason for the empty URCA Board seat!

The length of the terms for Mr Morgan and Ms Doehler were staggered for the deliberate purpose of having continuity on the Board.

A further complication is that the Act mandates that non-exec board members may only serve two consecutive terms (a term being defined as three years) and must then break for an interval of three years. They may then serve for an additional two terms maximum.

Ms Doehler vacated office on July 31st, 2014 after five years on the URCA board. That was ten months ago!

Mr Morgan’s first six years should expire on July 31st, 2015. I say should because the URCA website states his date as July 31st, 2016.

URCA is therefore looking at the untenable position – if the extended delay in replacing Ms Doehler is any indication – of not having the continuity of expertise available to any new appointees or to the URCA executives at Board level.

Given the imminent liberalisation of the cellular market, foreign appointments to the non-exec positions may be preferable in order to ensure the necessary guidance and advice.

So why the delay in the appointment of the non-exec to replace Ms Doehler?

Is the fact that a qualified Bahamian cannot be found the problem?

Will this administration ever understand that foreigners come with the telecommunications sector because it is an international business and that trying to limit it exclusively to Bahamians, particularly in specified areas where there is no expertise, because we have delayed privatisation, liberalisation and competition to our own detriment, will do further harm to the sector?

Or is there resentment by those who consider themselves to be most powerful towards the autonomy given to URCA by the Act?

Indeed, I would argue that if more Acts specified the qualifications of Board members who can be appointed to boards the country would be the better for it !

What could be so difficult about a new Board appointment, particularly when the departure date of the previous member was known well in advance?

And if those that are responsible were caught unawares or were otherwise preoccupied, given that Ms Doehler had only served five years, she could have been reappointed for a final year whilst her replacement was sought.

And so the chair remains empty contrary to the requirements of the Act. URCA’s Executive is deprived of an expert resource and, once again, the sector and the Bahamian consumers pay a price for another case of dereliction of duty.

Does anyone who should, care?

FELICITY L JOHNSON

Nassau,

May 24, 2015.