The Tribune

By FAY SIMMONS

Tribune Business Reporter

jsimmons@tribunemedia.net

CHANGES are being proposed to the electronic communications sector in a new consultation document released by the Utilities Regulation and Competition Authority (URCA).

The document aims to ensure the sector’s regulatory framework is “robust, equitable, and aligned with the evolving needs of the industry and the Bahamian public”.

The regulator proposed the changes to existing Individual Operating Licences (IOLs) to ensure consistency across licensees.

URCA said no new or revised licences will be issued to licensees with outstanding fees and IOLs expiring in 2024 will be renewed for the standard 15-year period while licensees with later expiry dates will have their licences renewed for the remainder of the current period.

Individual Spectrum Licences (ISLs) and Class licenses will also not be issued to licensees with outstanding fees.

URCA also said that Class licences, which currently do not have a definitive expiration date, will be reissued after the consultation process and current holders will have to reapply for the revised licences.  

According to the consultation document, URCA said delinquent fees have reached an “unacceptable and untenable level” and greater regulatory measures are required to “incentivise compliance”.

“Licensees granted a licence by URCA under the Comms Act are required to pay such fees in full each year as levied and, in the manner, prescribed by URCA. Notwithstanding the foregoing, ECS delinquent licensee accounts have accrued to an unacceptable and untenable level since the establishment of the ECS licensing regime in 2009,” said URCA.

“URCA considers this situation to be antithetical to its regulatory functions and the policy objectives under the Comms Act, that now requires more effective and efficient regulatory measures to incentivise compliance by licensees to pay the licence fees.”

To combat the issue, URCA has proposed the suspension of the licenses of delinquent licensees until they have paid their balance and interest in full.

“URCA therefore proposes to stipulate in a modified licence condition regarding the “Payment of Fees and Contributions”, that URCA may immediately suspend the licence for failure and/or refusal by a licensee to pay licence fees (and interest thereon) and contributions in full, or as charged by URCA,” said URCA.

“The effect of the suspension will be that the licensee shall be prohibited from providing an electronic communication service until such time as all fees and contributions have been paid. The duration of such proposed suspension will not exceed the period until such time as the Licensee pays the outstanding licence fees and contributions.”

The regulator said if outstanding fees are not paid after licenses have been suspended the license will be suspended or revoked.

“Consequential to the suspension of the licence, the charge of fees and contributions by URCA to the licensee will be paused until such time as URCA notifies the licensee that the suspension of the licence has been lifted,” said URCA.

“URCA also proposes a modified licence condition regarding ‘Payment of Fees and Contributions’ that URCA may revoke a licence (in accordance with the Communications Act) where the licensee repeatedly contravenes or fails to cure the obligation to pay fees and/or interest under its licence.”

The consultation period is open until 20 September 2024.