The Tribune

By NATARIO McKENZIE Tribune Business Reporter nmckenzie@tribunemedia.net A GRAND Bahama businessman said yesterday he is considering whether to pursue legal action against the Utilities Regulation & Competition Authority (URCA) "as a matter of principle", after it revoked his license over a failure to pay some $3,000 in fees. Ryan Bullard, owner of Complete Business Systems, a public trunking services provider, was one of three entrepreneurs listed by URCA back in September as owing annual fees and interest, the regulator having threatened to revoke the license unless the sums were paid within 14 days. Mr Bullard, however, that the fees could not be justified, since as Freeport-based business he was licensed by the Grand Bahama Port Authority (GBPA), not URCA. The issue again raises the issue of telecommunications regulation in Freeport, and who is responsible for it. Under the Hawksbill Creek Agreement, the GBPA is the regulator for the industry in Freeport, not Nassau-based URCA. The GBPA has been loathe to give up this responsibility for fear it would breach the Agreement. This situation has already reared its head once before the Supreme Court, which ruled that Cable Bahamas' Freeport subsidiary, Cable Freeport, did not have to pay licence fees based on its Freeport Internet revenues to URCA. Mr Bullard told Tribune Business yesterday: "My fight was basically on the Hawksbill Creek Agreement. The Port is behind me on it. They are the ones that insisted that no taxes should be paid to the Government. We don't pay taxes; it's as simple as that." He added: "Now the question is whether I want to take this on as a matter as principle. Do I want to invest the time and money as a matter as principle? They have done what they're supposed to do, and now I have to respond. "I have to consult with my attorneys and make a decision on whether or not it's worth the fight. As a matter of principle I could win, but at what cost? "As a small businessman the question is how far do I want to go to prove this point. On principle, on merit, we are confident that we can win this, there is no doubt. Is it worth the fight as a small business to prove a point to the Government? Is it going to cost me more than what they are asking for." In its Final Determinations and Orders under section 101 of the Communications Act, URCA said Complete Business Systems was issued a license to provide trunking services on January 14, 2010. The company was alleged to owe the regulator $3,000 plus $81.72 in interest charges. In a notice on December 2, the regulator stated that under section 27(1) (c) of the Communications Act, it had revoked the license as the licensee had failed to comply with the order. Island WISP was also listed in the regulator's December 2 notice as having failed to comply with its order on fees. According to URCA, on December 4, 2009, Simon Smith, trading as Island WISP, was issued a class operating license to provide public Internet services. It was said to owe the regulator $3,275 plus 102.56 in interest charges.