The Tribune

By NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net

A GRAND Bahama businessman said yesterday that he was going on the "defensive", after the Utilities Regulation and Competition Authority (URCA) issued an order prohbiting the use of his assigned radio spectrum. He told Tribune Business he would wait for the communications regulator to take him to court.

Ryan Bullard, principal of Complete Business Systems, a public trunking services provider, has argued that he should not have to pay fees to URCA as he was licensed by the Grand Bahama Port Authority (GBPA), not the Nassau-based URCA.

But in an order issued on April 12, URCA determined that the individual spectrum license issued to Mr Bullard's company on January 14, 2010, had become ineffectual due to the revocation of the company's class operating license on December 2, 2011.

URCA said Complete Business Systems was prohibited from using its assigned radio spectrum without a licence, otherwise it would breach Section 16 of the Communications Act.

Mr Bullard told Tribune Business: "My lawyers are waiting for them to do what they have to do. We are not prepared to test their statutes. I'm too small to test them. I'll leave that to BTC and Cable Bahamas, but if they take me to court I will defend myself.

"I'm not taking myself to court. It's not going to do me any good to litigate against them under the circumstances to test this thing they have going on. When they are ready, they know what to do. I'm going to stay on the defense."

Mr Bullard's company was issued a class operating licence in January 2010 in order to establish, maintain and operate a network to provide public trunking services. The company was subsequently provided with an individual spectrum licence, but URCA revoked it for failing to pay the annual URCA fee and interest. The company was alleged to owe the regulator $3,000 plus $81.72 in interest charges.

Mr Bullard said: "I have two licenses. I have a government licence and a Port licence, none of which I got from them, so I don't see why I should pay them 3 per cent of my general revenue.

"I don't see why anyone in Nassau should do the same. This is just a waste of time, and that's my view, but the courts will make a final determination. It's amazing to see that they are still pursuing me. I was paid up to date; only taxes I wasn't paying them."

The issue of URCA's regulatory jurisdication as it relates to Freeport could prove to be a highly contentious issue going forward. The Free National Movement (FNM), in its 2012 manifesto, has stated that if re-elected it would move to make URCA the regulatory body for all utilities - including communications - in Freeport.

This, though, could bring it into conflict with the Hawksbill Creek Agreement, which says the Grand Bahama Port Authority is the regulatory authority for utilities in Freeport.