New telecoms regulations will fundamentally change industry
Government has finished drawing up a new regulatory regime that will fundamentally change the telecommunications industry in Bermuda.Minister of Environment, Planning and Infrastructure Walter Roban announced at a news conference today that the overhaul will see the introduction of universal licences, and do away with the current system of separate classes of licences.But he stressed that the current policy does not allow any bundling of services by separate class providers even if they are owned by one holding company.Digicel set off a legal firestorm after launching long distance service for wireless subscribers through Internet provider Transact.Mr Roban said he planned to table both the Regulatory Authority and Electronic Communications Bills in Parliament on November 18.Before then, he said he planned to meet with Cabinet and Telecoms stakeholders to share the bills and implementation plan with them.The Regulatory Authority will be staffed by experts and be self funding “with revenues derived from the industries that it regulates", Mr. Roban said.However, he added: Government will help fund the Authority at least in its first year.“For the first year of implementation, and mindful of our current economic climate, it is our desire to not place a financial burden on the industry or on the users of telecommunications services. We will be seeking from the Ministry of Finance an allocation for the Authority's operating expenses.The level of finding obtained will determine the level of operation that can be sustained in the first year.He said once set up, the Authority will have the role of determining technical issues such as spectrum allocation, market dominance and local number portability.He added: “I can confirm now that the Bills have not materially changed since the last versions that were shared with industry stakeholders. But the implementation of reform has shifted. This shift is a direct reflection of the change in economic circumstances of the Government, the industry, and the public since the initial plans were developed. Rather than establish the Authority in full upon passage of the Bills, we will phase its implementation.”Mr Roban took the opportunity at today's news conference to again stress that current Telecoms licencing policy has not changed.He refused to comment specifically on Digicel's long distance service through Transact, due to pending legal action involving TBI and CellOne as well..However, he did say: “No doubt you will have noticed significant changes in the corporate structure of a number of telecommunications companies. Let me be clear that while the Government has approved such corporate re-structuring, it has insisted that all licence classes be operated and managed separately.“For example, a holding company that owned a Class B licence holder and a Class C licence holder must operate the companies holding those licences as separate entities and must not bundle the services provided by those separate companies.“The Government was clear that it wished to encourage investment in Bermuda, investment in telecommunications infrastructure and investment in jobs for Bermudians, while maintaining a level playing field for existing providers.“We are satisfied that most providers understood this policy and conducted themselves accordingly, to the benefit of all. We believe that this is the correct position, will reiterate it whenever necessary, and are prepared to put it to the test.“I am certain you might wish to pose questions about a specific provider that is indeed seeking to test our policy. As legal questions on this matter are currently before the Courts, I will say nothing more on this than I have articulated already.”