Public Telecommunication Service (Licence) Regulations 1998

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1998/Statutory%20Instruments/Public%20Telecommunication%20Service%20%28Licence%29%20Regulations%201998.pdf

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Public Telecommunication Service (Licence) Regulations 1998
PUBLIC TELECOMMUNICATION SERVICE (LICENCE)
REGULATIONS 1998

1989 Revision 1

BR 47/1998

TELECOMMUNICATIONS ACT 1986

1986 : 35

PUBLIC TELECOMMUNICATION SERVICE (LICENCE)
REGULATIONS 1998

The Minister in exercise of the power conferred upon him by
section 59 of the Telecommunications Act 1986 makes the following
Regulations:

Citation
1 These Regulations may be cited as the Public Telecommuni-
cation Service (Licence) Regulations 1998.

Interpretation
2 In these Regulations, unless the context otherwise requires —

"the Act" means the Telecommunications Act 1986;

"British ship" means a vessel registered in Bermuda under the
Merchant Shipping Act 1894, Part I;

"Class A Licence" means a licence issued to a provider of public
telecommunication service, to, from, or through Bermuda,
using, unless otherwise provided for in the licence, circuits
that are under the provider's direct control and ownership;

"Class B Licence" means a licence issued to a provider of public
telecommunication service, within Bermuda, using, unless
otherwise provided for in the licence, circuits that are under
the provider's direct control and ownership;

PUBLIC TELECOMMUNICATION SERVICE (LICENCE)
REGULATIONS 1998

2 1989 Revision

"Class C Licence" means a licence issued to a provider of public
telecommunication service using, unless otherwise provided
for in the licence, circuits that are provided by either a
provider issued with a Class A licence or Class B licence or a
provider issued with both such licences.

Application
3 These Regulations apply to any application for the grant of a
licence to establish, maintain or operate a public telecommunication
service, other than—

(a) a cable television service;

(b) a subscription radio service,

in Bermuda, or on board any British ship, or on board any aircraft, that
is registered in Bermuda.

Inspection
4 A licence shall be open to inspection at any reasonable time by
the Telecommunications Inspector, or by any person appointed in that
behalf by the Minister or by a police officer.

Applicant for licence
5 A body corporate entitled to carry on business in Bermuda under
the Companies Act 1981 may apply to the Minister for a licence under
these Regulations.

Information to be contained in application
6 An application for a licence shall be made to the Minister in
writing and shall contain the following information, that is to say—

(a) the name and registered address of the applicant;

(b) proof to the satisfaction of the Minister showing
conclusively that the applicant is in a financial position
to construct, establish, maintain or operate the service
for which the application is made;

(c) a description of the proposed service together with such
technical information, plans and maps as the Minister
may require;

(d) information as to any contents agreement and
arrangement regarding interconnection, through traffic,
routes and charges therefor that the applicant has made
with other Carriers;

PUBLIC TELECOMMUNICATION SERVICE (LICENCE)
REGULATIONS 1998

1989 Revision 3

(e) a list of the rates and charges that the applicant
proposes to charge the users of the service and the
terms and conditions, if any, subject to which the service
will be provided;

(f) a detailed description of the services which the applicant
wishes to provide, including details of the market for
such services and identification of competitive services;

(g) identification and explanation of any radio frequency
spectrum requirements;

(h) a detailed description of the facilities required to provide
the proposed services, including technical standards,
network plans, interconnection requirements, siting of
transmission facilities and matters related to such
facilities;

(i) corporate information, including corporate history,
relevant experience and expertise, staffing details and
information on relevant domestic and international
alliances;

(j) full disclosure of the ownership and control of the
applicant, including the names and addresses of all
directors;

(k) audited financial statements for the past three full fiscal
years for the applicant and any relevant affiliates
including parent company and affiliated supplier;

(l) current interim financial statements;

(m)a detailed five year business plan identifying the
proposed investment, revenues, expenditures, detailed
financial forecasts and describing underlying
assumptions;

(n) evidence of adequate financing; and

(o) any other information that the Minister may require to
be submitted to him or to the Commission.

Duration and renewal of licence
7 (1) A Class A Licence and a Class B Licence shall continue in
force for a period of fifteen years from the date of the grant of the licence
and may from time to time be renewed.

PUBLIC TELECOMMUNICATION SERVICE (LICENCE)
REGULATIONS 1998

4 1989 Revision

(2) A Class C Licence shall continue in force for a period of five
years from the date of the grant of the licence and may from time to time
be renewed.

Transfer of licence
8 A licence shall not be transferred without the prior consent in
writing of the Minister.

Loss or destruction of licence
9 In the event of loss, mutilation or destruction of a licence the
licensee shall immediately report the circumstances in which it was lost,
mutilated or destroyed, as the case may be, to the Telecommunications
Inspector and the Minister may issue a duplicate licence.

Display of licence
10 (1) Every licence granted under these Regulations shall be
displayed in a conspicuous place in the licencee's, principal place of
business or in such other place as may be specified, in writing, by the
Minister.

(2) A licence shall be displayed in such a manner that all terms
and conditions subject to which the licence is granted are visible and
legible.

Offences
11 A person who wilfully and knowingly makes in a written
application under regulation 6 for the issue of a licence a statement that
is false in a material particular is guilty of an offence and is liable on
conviction by a court of summary jurisdiction to a fine not exceeding
$1,000 or to imprisonment for a term not exceeding 6 months or to both
such fine and imprisonment.

Transitional
12 (1) Subject to paragraph (4) a licence, other than a licence
referred to in paragraph (2) or paragraph (3), granted under the
provisions of the Public Telecommunication Service (Licence) Regulations
1988 and in force on the date of commencement of these Regulations
shall be deemed to be a Class C Licence granted by the Minister under
the provisions of these Regulations, and subject as aforesaid, shall
continue in force under these Regulations.

(2) Subject to paragraph (4), the public telecommunication
service licence granted to TeleBermuda International Limited on the 10th
day of January 1997 shall be deemed to be a Class A Licence granted by

PUBLIC TELECOMMUNICATION SERVICE (LICENCE)
REGULATIONS 1998

1989 Revision 5

the Minister under the provisions of these Regulations and, subject as
aforesaid, shall continue in force under these Regulations.

(3) Subject to paragraph (4), the public telecommunication
service licence granted to Quantum Communications Limited on the
19th day of December 1997 shall be deemed to be a Class B licence
granted by the Minister under the provisions of these Regulations and,
subject as aforesaid, shall continue in force under these Regulations.

(4) A licence referred to in paragraph (1), (2) or (3)—

(a) shall terminate on such date as, but for these
Regulations, it would have terminated; and

(b) may, from time to time, be renewed in accordance with
the provisions of these Regulations.

Revocation
13 The Public Telecommunications Service (Licence) Regulations
1988 are revoked.