Telecommunications Amendment Act 1993
The Laws of Bermuda
Annual Volume of Public Acts 1993 : 31

1

BERMUDA
1993 : 31

TELECOMMUNICATIONS AMENDMENT ACT 1993

[Date of Assent 7 July 1993]

[Operative Date 7 July 1993]

WHEREAS it is expedient to amend the Telecommunications Act
1986:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:—

Short title
1 This Act which amends the Telecommunications Act 1986
(hereafter referred to as "the principal Act") may be cited as the
Telecommunications Amendment Act 1993.

Amends section 2 of principal Act
2 Section 2 of the principal Act is amended—

(a) by deleting the definition of the expression "public
telecommunication service" and substituting therefor the
following:

' "public telecommunication service" means the provision
for hire or reward of—

(a) telecommunication services and
telecommunication installations; or

(b) access and service or training or both to
users in a scheme in order to facilitate the
use of a telecommunication installation, by

TELECOMMUNICATIONS AMENDMENT ACT 1993

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a person acting as manager of or agent or
representative for or otherwise on behalf of
a telecommunication company or body
located outside Bermuda,

alone or in conjunction with others, for use by members
of the public or by any person either within Bermuda or
between Bermuda and any place outside Bermuda for
the purposes of telecommunication;';

(b) by inserting immediately after the definition of the
expression "telecommunication officer" the following:

' " telecommunication service" means a service
consisting in the conveyance of anything by
means of telecommunication whether or not
the circuits are provided by the service
provider or others;'.

Inserts sections 10A and 10B in principal Act
3 The principal Act is amended by inserting immediately after
section 10 the following:

"Licence
10A No licence shall be granted under this Act to any
person other than a body corporate to establish,
maintain or operate a public telecommunication service.

Annual report etc to be submitted to Minister
10B (1) The secretary of a body corporate which
operates a public telecommunication service shall
submit annually to the Minister not later than six
months after the closing of its financial year or such
other period as the Minister may allow —

(a) a copy of its annual report;

(b) a copy of its annual financial statement
and its auditor's report;

(c) a list of shareholders owning 1% or
more of the total shares in the body
corporate and specifying therein their
nationality, the number of shares held
by each and whether or not control of
the body corporate is vested in persons
possessing Bermudian status within the

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Annual Volume of Public Acts 1993 : 31

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meaning of the Bermuda Immigration
and Protection Act 1956; and

(d) a list of all of its telecommunication
services including the terms and
conditions applying to the offer of the
services and the rates and charges for
the services.

(2) A secretary who contravenes subsection (1)
commits an offence:

Punishment on summary conviction: a fine of
$2,000 or imprisonment for 6 months.".

Amends section 11(2) of principal Act
4 Section 11(2) of the principal Act is amended by inserting
immediately after the word "Gazette" the words "; however, the
Commission may as it thinks fit exclude any member of the public or any
representative of the media from any proceedings of the hearing".

Amends section 23 of principal Act
5 Section 23 of the principal Act is amended—

(a) in subsection (1)—

(i) by inserting immediately after the word "unless"
the words "it gives";

(ii) by deleting the words "has been duly given";

(iii) by inserting immediately after the word
"Commission" the words "and publishes a notice
in accordance with subsection (2).";

(b) by repealing subsection (2) and substituting therefor the
following:

"(2) A notice under subsection (1) shall be
published in such form approved by the Commission on
two separate days in not less than one local newspaper
approved by the Commission and shall specify therein
that members of the public are invited to make
objections and to forward the objections to the
Commission within twenty-one days from the second
date of publication of the notice.";

(c) by repealing subsections (3) and (4) and substituting
therefor the following:

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"(3) Where a notice under subsection (1) is
given, then subject to subsection (4) or subject to the
Commission giving a direction under section 24 a new
service and the rates and charges therefor or a variation
in the existing rates and charges shall not be
introduced.

(4) Where the Commission is satisfied with the
notice given under subsection (1) and informs the
specified Carrier in writing or by notice published in the
Gazette that it does not intend to inquire into the matter,
the specified Carrier may introduce the new service and
the rates and charges therefor or the variation in the
existing rates and charges, as the case may be.";

(d) by repealing subsection (5) and substituting therefor the
following:

"(5) A specified Carrier shall keep at its place of
business in Bermuda or such other place approved by
the Commission a list of all its services, rates, charges
and the terms and conditions applying to the offer of
such services and make the list available for public
inspection without charge during business hours subject
to such reasonable restrictions as the specified Carrier
may impose.".

Amends section 25 of principal Act
6 Section 25(4) of the principal Act is amended by deleting the
word "thirty" and substituting therefor the word "sixty".

Amends section 29 of principal Act
7 Section 29 of the principal Act is amended by deleting the words
"other than radiocommunication equipment belonging to a Carrier,".

Amends section 51 of principal Act
8 Section 51 of the principal Act is amended—

(a) by renumbering the section as section 51(1) and by
deleting all the words appearing immediately after the
word "offence";

(b) by inserting the following subsections as subsections (2)
and (3);

"(2) Any person who without authorization
connects to or wilfully damages, removes or interferes

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Annual Volume of Public Acts 1993 : 31

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with any telecommunication installation including any
apparatus which is designed or adapted for use in
connection with the running of a cable television service
and, in particular

(a) any line, that is to say, any wire, cable,
tube, pipe or other similar thing
(including its casing or coating) which is
so designed or adapted; or

(b) any structure, pole or other thing in, on,
by or from which any
telecommunication installation or
apparatus is or may be installed,
supported, carried or suspended,

commits an offence:

Punishment of an individual on summary
conviction: for each offence a fine of $3,000 or
imprisonment for 2 years or both such fine and
imprisonment and in the case of a continuing offence a
further fine of $500 for every day during which the
offence continues.

Punishment of a body corporate on summary
conviction: for each offence a fine of $5,000 and in the
case of a continuing offence a further fine of $1,000 for
every day during which the offence continues.".

Amends Second Schedule to principal Act
9 The Second Schedule to the principal Act is amended—

(a) by deleting paragraph 1;

(b) in paragraph 2, by inserting immediately after the word
"pleasure" the words "; however, if at any meeting of the
Commission the Chairman is absent the Commissioners
present shall elect one of their number to act as
Chairman at that meeting";

(c) in paragraph 20, by deleting the word "may" and
substituting therefor the word "shall".

Transitional
10 Any person who before the date of the coming into operation of
this Act (hereafter referred to as "the commencement date") established,
maintained or operated a public telecommunication service for which no
licence was required may continue to do so without a licence under the
principal Act for a period of three months beginning with the

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commencement date and if before the expiration of that period that
person applies for a licence under the principal Act, until the application
is finally disposed of or withdrawn.