The regulatory structure of Bermuda’s telecommunications industry has undergone major reform with the ultimate goal of providing greater choice, speed and lower prices to consumers.A better regulated telecommunications industry is also expected to result in economic growth, increased investment, improved quality of service and more rapid technological innovation in the sector.Customers of telecommunications providers in Bermuda may find that their providers, and the services that they offer, are affected by the regulatory changes. For example, further consolidation within the industry is expected to occur, similar to the recent amalgamation of Logic Communications Ltd and North Rock Communications Ltd.The Regulatory Authority Act 2011 (the “RAA”) and the Electronic Communications Act 2011 (the “ECA”) are the foundation of the recent reforms. The RAA allows for an independent regulator, the Regulatory Authority (the “RA”), to oversee and regulate the industry, while the ECA introduces a new type of telecommunications licence called Integrated Communications Operating Licenses (“ICOLs”).Prior to the introduction of ICOLs, telecommunications providers in Bermuda operated under a class licence system pursuant to the Telecommunications Act 1986 (the “TA”). There were three classes of licences, each of which enabled providers to offer different telecommunications services.Under the TA, providers were prohibited from operating outside of their authorised class and were largely restricted from offering multiple telecommunications services on a single service platform. This meant that consumers in Bermuda typically received each of their services, such as mobile telephone, internet and land line from a different provider.However, with the advancement and convergence of telecommunications technology, it became apparent that a more unified system of licences and services was necessary in order to improve operational efficiencies and allow for consumer-friendly service bundling.ICOLs have now replaced the multiple-class licencing system under the TA. The introduction of a single standard licence that allows providers to offer a range of telecommunications services from single or multiple platforms has eliminated the inefficiencies of the old system.Subject to the satisfaction of certain requirements, providers can now choose what services and the number of services that they offer to consumers. This option to bundle telecommunications services will align Bermuda with other countries that have already undergone similar infrastructure changes and modernisation.Pursuant to the ECA, the RA shall be responsible for granting ICOLs and determining the terms and conditions that apply to each ICOL. The basic terms and conditions of each ICOL shall include a requirement for confidentiality of personal data; consumer protection provisions including clear, transparent and up-to-date information on rates and services; and access to the national three-digit emergency number free of charge from any fixed or mobile terminal.The duration of an ICOL will be determined by the RA and, pursuant to the ECA, shall not exceed 20 years. An ICOL may be renewed for an additional term or terms if the ICOL holder files an application requesting renewal between six and nine months prior to the expiry date, and if the RA determines that renewal of the ICOL would be in the public interest, subject to any modifications that the RA may deem it necessary or appropriate to impose at the time of renewal.The RA is also responsible for promoting competition among telecommunications service providers. As such, the ECA provides that the RA may impose certain regulatory obligations, or “ex ante remedies”, on providers that it designates as having significant market power.In order to determine whether a provider has significant market power, the RA will consider all of the factors that it deems relevant, including the size of the provider and its share of the relevant market, the provider’s control over infrastructure that is not easily duplicated, and the provider’s technological advantages or superiority.Consumers will be happy to learn that the RA also has the power to determine the requirements that would allow consumers to retain a fixed or mobile telephone number assigned to them by their existing provider when they elect to switch to another provider.ICOLS were recently issued to 20 telecommunications service providers in Bermuda and providers are already launching and planning new services. The industry is enthusiastic about the changes that are occurring and it is expected that consumers will be as well. It may, however, be a few months yet until we see the full impact of these regulatory changes.Stacy-Ann Maharaj is a trainee associate working in the Corporate & Commercial Practice Group at Appleby (Bermuda) Limited, and is currently mentored by lawyer Steven Rees-Davies. A copy of Ms Maharaj’s column can be obtained on the Appleby website at www.applebyglobal.com.This column should not be used as a substitute for professional legal advice. Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.