Bermuda's newest television channel will not be regulated by the Broadcast Commission because it is not a broadcaster.

But it will be subject to the same regulations as the Island's television stations, according to Director of Telecommunications Gregory Swan.

Fresh TV, headed by Fresh Creations owner Elmore Warren, will debut this Friday, the company said in a press statement.

Mr. Swan was asked how the channel will be regulated given that, as a cable channel, it will not be under the purview of the Broadcast Commission.

"They have operating guidelines very similar to the broadcasting stations," he said. "The Department of Telecommunications prepared the guidelines, took the regulations from the broadcasting stations and made them applicable to Fresh Creations."

Asked how disputes would be mediated, he said : "Why would there be a dispute? If they are in breach they are in breach. They have a lease and that lease can be broken by either party. If they are deemed as not being in compliance then the Department has the right to terminate the lease."

The Broadcast Commission and the two main political parties were engaged in months-long hearings last year over complaints that an address by the Premier violated regulations on political broadcasts.

The Royal Gazette's inquiries were aimed at establishing whether there would be a conflict of interest if a similar scenario unfolded with Fresh TV.

"Fresh Creations is not even on the air as yet. If those circumstances arise we will respond accordingly," said Mr. Swan.

"This is a unique scenario. Fresh Creations is not a broadcasting entity. The purpose of the exercise is to provide more Bermudian content to the Bermudian public. Clearly if a scenario arises the Department of Telecommunications will have to regulate it when it happens. We don't anticipate any problems but if and when that occurs we would address that accordingly."

Government agreed to lease a cable channel to the production company without fee for a year. After the first year, Fresh Creations will be required to pay $14,365 each year for a class one broadcasting licence - the same sum paid by VSB and ZBM.

Meanwhile an incumbent concern is reporting no major concerns over the new entrant.

"We don't have any concerns about Fresh Creations," said Kenneth DeFontes,owner of VSB television. But the station recently boosted its nightly news broadcast to three times a night.

"Any new player in the market is competition and we have to adjust accordingly," Mr. DeFontes said.