Electronic Communications (Integrated Communications Operating Licence) Regulations 2013
FA E R
N
AT F
TQUO U
BERMUDA
ELECTRONIC COMMUNICATIONS (INTEGRATED COMMUNICATIONS
OPERATING LICENCE) REGULATIONS 2013
BR 37 / 2013
The Minister responsible for telecommunications, in exercise of the power
conferred by section 73(2)(a) of the Electronic Communications Act 2011, makes the
following Regulations:
Citation
These Regulations may be cited as the Electronic Communications (Integrated
Communications Operating Licence) Regulations 2013.
Interpretation
In these Regulations unless the context otherwise requires all relevant terms shall
have the meaning given in the Regulatory Authority Act 2011 and Electronic
Communications Act 2011.
Purpose and application
These Regulations establish the basic terms and conditions of an Integrated
Communications Operating Licence (“ICOL”).
Terms and conditions of the ICOL
The basic terms and conditions of each ICOL shall be those set out in the Schedule.
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ELECTRONIC COMMUNICATIONS (INTEGRATED COMMUNICATIONS
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SCHEDULE
(regulation 4)
BASIC TERMS AND CONDITIONS OF ICOL
REGULATORY
AUTHORITY
Bermuda
Integrated Communications
Operating Licence
Granted to
[Name]
[Address]
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TABLE OF CONTENTS
1 DEFINITIONS
2 INTERPRETATION
3 SCOPE OF THE LICENCE
4 GRANT AND DURATION OF THE LICENCE
5 FEES, CONTRIBUTIONS AND PENALTIES
6 COMPLIANCE
7 OPERATION OF NETWORKS AND PROVISION OF SERVICES
8 EMERGENCY CALL SERVICES
9 NUMBERING
10 NATIONAL SECURITY, EMERGENCIES AND LAW ENFORCEMENT
11 SIGNIFICANT MARKET POWER
12 PRIVACY OF COMMUNICATIONS
13 CONFIDENTIALITY OF PERSONAL DATA
14 CONSUMER PROTECTION
15 INFORMATION, AUDITS AND INSPECTION
16 MODIFICATION OF THE LICENCE
17 ENFORCEMENT AND REVOCATION
18 DISCONTINUATION OF SERVICE; SURRENDER OF LICENCE
19 ASSIGNMENT
20 CHANGE OF CONTROL
21 INDEMNIFICATION
22 FORCE MAJEURE; OTHER EVENTS
23 NOTICES
ANNEX A - TRANSITIONAL CONDITIONS
A1 SCOPE OF LICENCE; CHANGE OF OWNERSHIP; TRANSFER OF
ASSETS
A2 COMPLIANCE
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A3 PAY TELEPHONES AND OPERATOR SERVICES
A4 DIRECTORIES AND DIRECTORY ENQUIRY SERVICE
A5 PERSONNEL, FACILITIES AND SERVICES
ANNEX B - EXCERPTS FROM TELECOMMUNICATIONS ACT 1986
ANNEX C - RADIO FREQUENCY SPECTRUM
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The Regulatory Authority of Bermuda, in the exercise of the authority conferred upon it by
the Electronic Communications Act 2011, hereby grants to _________________ a licence to
establish, construct and operate Electronic Communications Networks and provide
Electronic Communications Services on an integrated basis within the territorial limits of
Bermuda and between Bermuda and other countries, subject to the terms of this Licence,
any associated Spectrum licences, the Electronic Communications Act 2011, the Regulatory
Authority Act 2011, and any Regulations, General Determinations, Adjudicative Decisions,
Orders, and Directions made or issued in accordance with these Acts.
1 DEFINITIONS
In this Licence, unless the context otherwise requires:
“Authority” means the Regulatory Authority;
“Condition” means a condition, including a Transitional Condition set forth in
Annex A, of this Licence.
“Directory” means a printed or electronic directory containing the name, address and
Number of the Subscriber to an Electronic Communications Service;
“Directory Enquiry Service” means the provision by a live operator or on an
automated basis of the Number of a Subscriber to an Electronic Communications
Service;
“ECA” means the Electronic Communications Act 2011;
“Licence” means this Integrated Communications Operating Licence granted to
_____________;
“Licensee” means _______________ and, for the avoidance of doubt, does not
include any Affiliates of the Licensee;
“Mast” means a tower or similar structure upon which Radiocommunication
Equipment is installed;
“Number” means a number assigned to the Licensee by the Authority in accordance
with the Numbering Plan;
“Other Licensee” means another licensee that holds an Individual Licence;
“Operator Service” means an Electronic Communications Service, including
domestic and international voice calls, provided by the Licensee from any fixed or
mobile telephone, either with the assistance of a human operator or on an automated
basis, payment for which may be made with a commercial credit card or calling card,
if service is not provided on a subscription basis;
“Person” means a natural person or any company or association or body of persons,
whether corporate or unincorporate, being a body which is empowered by law to sue
or be sued in its own name or in the name of an officer or other person;
“Public Pay Telephone Service” means an Electronic Communications Service,
including domestic and international voice, data and teletext calls, provided by the
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Licensee from stationary pay telephones situated in public locations, available to all
Users, payment for which may be made by coins, a commercial credit card or calling
card;
“RAA” means the Regulatory Authority Act 2011;
“Residential Subscriber” means an End-User or Subscriber who is a natural
person, who uses the Licensee’s Electronic Communications Services, and who
contracts at a place of residence;
“Slamming” means a practice whereby a Subscriber is switched from an Other
Licensee to the Licensee without the express knowledge and consent of the
Subscriber;
“Small Business Subscriber” means an End-User or Subscriber that is a
Bermudian-owned and owner-operated business enterprise with gross annual sales
of less than one million dollars or an annual payroll of less than five hundred
thousand dollars and that uses the Licensee’s Electronic Communications Services
at its place of business; and
“Transitional Condition” means a Condition set forth in Annex A of this Licence.
2 INTERPRETATION
For the purpose of interpreting this Licence:
(a) unless the context otherwise requires, words or expressions shall have the
meaning assigned to them in the Licence, the ECA, RAA and Interpretation
Act 1951;
(b) where there is any conflict between the provisions of this Licence and the
ECA or RAA, the provisions of the ECA or RAA, as the case may be, shall
prevail;
(c) terms defined herein and in the ECA and RAA have been capitalised;
(d) references to Conditions and Annexes are to Conditions and Annexes of the
Licence, as modified from time to time in accordance with the Licence and the
ECA;
(e) a document referred to in this Licence shall be incorporated into and form part
of the Licence and a reference to a document is to the document as modified
from time to time;
(f) headings and titles used in this Licence are for reference only and shall not
affect its interpretation or construction;
(g) references to any law or statutory instrument include any modification, re-
enactment or legislative provisions substituted for the same;
(h) expressions cognate with those used in this Licence shall be construed
accordingly;
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(i) use of the word “include” or “including” is to be construed as being without
limitation; and
(j) words importing the singular shall include the plural and vice versa, and
words importing the whole shall be treated as including a reference to any
part unless explicitly limited.
3 SCOPE OF THE LICENCE
3.1 This Licence grants the Licensee the right to establish, construct and operate one or
more Electronic Communications Networks and to provide Electronic
Communications Services, on an integrated basis, within the territorial limits of
Bermuda and between Bermuda and other countries.
ALTERNATE PROVISION FOR BLDC
This Licence grants the Licensee the right to:
(a) establish, construct and operate, on an integrated basis, one or more
Electronic Communications Networks within the territorial limits of Bermuda
co-extensive with the properties identified by the Schedule to the Base Lands
Development Act 1996 and are leased or let by the Government of Bermuda
to the Licensee; and
(b) provide Electronic Communications Services to End-Users and Subscribers
that are tenants of the Licensee occupying one or more of the scheduled
properties referred to in Condition 3.1(a) for their use in connection with such
property, or to Other Licensees serving or seeking to serve such End-Users
or Subscribers.
3.2 Notwithstanding the provisions of Condition 3.1, this Licence does not grant the
Licensee the right to establish, construct and operate an Electronic Communications
Network or provide an Electronic Communications Service if the Authority has made
an Administrative Determination that:
(a) such Electronic Communications Network or such Electronic Communications
Service is exempt from the obligation to hold a communications operating
licence; or
(b) such Electronic Communications Network or such Electronic Communications
Service should be authorized pursuant to a Class Licence.
In such cases, the Licensee’s Electronic Communications Network or Electronic
Communications Service shall be subject to the terms and conditions of the relevant
exemption or Class Licence. In cases where the Licensee’s Electronic
Communications Network or Electronic Communications Service may appear to be
authorized by both this Licence and the exemption or Class Licence, as the case
may be, the terms and conditions of this Licence shall apply unless and until the
Authority makes an Administrative Determination to the contrary. Nothing in any
exemption or Class Licence shall be interpreted to relieve the Licensee of the
obligation to comply with any Ex Ante Remedy or obligation imposed on the Licensee
by the Authority pursuant to Sections 23 and 24 of the ECA.
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3.3 This Licence does not grant the Licensee, and shall not be construed as an
entitlement on the part of the Licensee to, any licences or permits for the use of
Radio Spectrum, Radio Stations or Radio Apparatus.
3.4 Nothing in this Licence shall relieve the Licensee of the obligation to comply with any
other requirement at law or practice to obtain any additional consents, permissions,
authorizations, licences or permits as may be necessary to establish, construct or
operate Electronic Communications Networks, provide Electronic Communications
Services or exercise the Licensee’s rights or discharge its obligations under the
Licence, including obtaining any licences or permits required by the ECA for the use
of Radio Spectrum, Radio Stations or Radio Apparatus.
4 GRANT AND DURATION OF THE LICENCE
4.1 The Licence is valid and effective from the date hereof and shall remain in effect until
the earlier of:
(a) __ ______ 2033;
(b) the date on which the Licensee surrenders the Licence in accordance with
Condition 18.2; or
(c) the date on which the Licence is revoked or terminated pursuant to Sections
18(5) or 18(6) of the ECA or Section 93 of the RAA.
4.2 The Licence may be renewed for an additional term or terms pursuant to Section 18(4)
of the ECA.
5 FEES, CONTRIBUTIONS AND PENALTIES
5.1 The Licensee shall pay to the Authority such Government Authorization Fees as may
be prescribed pursuant to Section 52 of the RAA and the Government Fees Act
1965.
5.2 The Licensee shall pay to the Authority such Regulatory Authority Fees as may be
prescribed pursuant to Section 11 of the ECA and Section 44 of the RAA.
5.3 The Licensee shall make such contributions to support the provision of Universal
Service as may be specified in Regulations made by the Minister pursuant to Section
34 of the ECA.
5.4 The Licensee shall make such payments to support the establishment and provision
of number portability, or the equivalent, as may be specified in Regulations made by
the Minister pursuant to Section 47 of the ECA.
5.5 The Licensee shall pay to the Authority any penalties and interest that may be
imposed on the Licensee by the Authority for failure to make any payment due under
this Licence and for any other contraventions of this Licence or the Applicable
Regulatory Framework.
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6 COMPLIANCE
The Licensee shall comply with:
(a) the terms of this Licence, including the Annexes;
(b) the terms of any associated licences, authorizations and permits issued to the
Licensee for the use of Radio Spectrum, Radio Stations and Radio
Apparatus;
(c) the Applicable Regulatory Framework, including, but not limited to, any:
(i) Regulations made by the Minister;
(ii) Administrative Determinations made by the Authority pursuant to
Section 9(2)(c) of the ECA;
(iii) Universal Service obligations imposed in accordance with Part 6 of the
ECA;
(iv) obligations imposed by the Authority to interconnect with the
Electronic Communications Networks of other ICOL holders and any
Other Licensees that may be designated by the Authority for this
purpose by the Authority, promptly and on reasonable terms and
conditions;
(v) Ex Ante Remedies imposed by the Authority in accordance with Part 4
of the ECA;
(vi) obligations imposed by the Authority in respect of emergency call
services;
(vii) obligations imposed by the Authority in respect of Public Pay
Telephones and Operator Services;
(viii) obligations imposed by the Authority in respect of Directory
information and Directory Enquiry facilities;
(ix) obligations imposed by the Authority to provide performance bonds in
respect of compliance with any of the Conditions of the Licence,
associated licences, authorizations and permits, or other requirements
specified by the Authority;
(d) the Convention and any other international agreements relating to Electronic
Communications to which Bermuda is a party; and
(e) the ECA, the RAA and any other applicable law, enactment, regulations or
order in effect in Bermuda to which the Licensee is subject.
Where there is an irreconcilable conflict among any of the instruments identified
above, the following order of precedence shall apply: Acts of Parliament, ,
Regulations and Orders made by the Minister, international agreements that apply to
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Bermuda, General or other Administrative Determinations made by the Authority, and
this Licence.
7 OPERATION OF NETWORKS AND PROVISION OF SERVICES
7.1 The Licensee shall establish, construct and operate the Electronic Communications
Networks and provide the Electronic Communications Services authorized by the
Licence in a manner that:
(a) does not prejudice or obstruct, or is likely to prejudice or obstruct, navigation
by ships at sea or aircraft on the ground or in the air;
(b) does not interfere with the operation of Electronic Communications Networks
and the provision of Electronic Communications Services by Other Licensees;
and
(c) complies with the terms and conditions of any associated licences or permits
for the use of Radio Spectrum, Radio Stations and Radio Apparatus that the
Authority may grant to the Licensee.
7.2 The Licensee shall, where technically feasible, share with Other Licensees that may
be designated by the Authority Masts and other support structures suitable for the
placement of Radiocommunication Equipment in an efficient manner that allows for
the sharing of such facilities on terms and conditions that are fair, reasonable and
transparent. The Licensee shall not enter into any leases, covenants or other
agreements that restrict, or have the effect of restricting, the Licensee’s ability to
comply with the foregoing requirement. The Licensee shall provide the Authority with
advance notice of its intent to construct new Masts or other support structures and
such information as the Authority may require to determine the Licensee’s
compliance with this Condition.
7.3 The Licensee shall:
(a) provide the Authority with information, in such manner and format as the
Authority may require, that separately identifies the personnel, Electronic
Communications Network facilities, Associated Facilities and Associated
Services relating to the provision of the Electronic Communications Services
authorized by this Licence that are located in Bermuda and those that are
located outside of Bermuda; and
(b) comply with any General Determinations or Directions made by the Authority
requiring the Licensee to locate in Bermuda some or all of the personnel,
Electronic Communications Network facilities, Associated Facilities and
Associated Services relating to the provision of any or all of the Electronic
Communications Services authorized by this Licence.
7.4 The Licensee shall maintain in Bermuda the original files of all Personal Data relating
to the provision of the Electronic Communications Services authorized by this
Licence. The Licensee shall ensure that all such Personal Data are capable of being
accessed by the Government of Bermuda in real time. The Authority may, with the
approval of the Minister, waive this Condition in whole or in part if, and to the extent
that, the Authority determines that:
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(a) appropriate inter-governmental arrangements are in place that provide the
Government of Bermuda and the Authority with access to such Personal Data
on the same terms and conditions and within the same timeframes as if such
Personal Data were located in Bermuda; and
(b) a waiver would be in the public interest, not unduly discriminatory in respect
of other similarly situated licensees, and consistent with requirements of
Schedule 2 of the ECA.
7.5 The Licensee shall report planned and unplanned outages of the Electronic
Communications Networks and Electronic Communications Services authorized by
this Licence in accordance with any requirements established by the Authority.
7.6 The Licensee shall procure such insurance or post such performance bonds as the
Authority may reasonably require to ensure that any works undertaken by the
Licensee are completed and that any property abandoned by the Licensee or that
has fallen into disrepair is removed from public property.
7.7 Upon the revocation or termination of the Licence, the Licensee shall make
reasonable efforts to sell the Licensee’s Electronic Communications business and
assets, and facilitate the transfer of the Licensee’s Bermudian staff employed in
Bermuda, to another provider of Electronic Communications in Bermuda.
8 EMERGENCY CALL SERVICES
If the Licensee has been assigned Numbers under the Numbering Plan, the Licensee
shall:
(a) make available to Users, free of charge, access to the national three-digit
number or numbers for emergency purposes from any fixed or mobile
terminal connected to the Licensee’s network, and provide any User
possessing a fixed or mobile terminal or using a pay telephone with automatic
access to the Licensee’s network for the purpose of making emergency calls
by means of the three-digit national number or numbers, without regard to
whether such User is the Licensee’s Subscriber;
(b) to the extent technically feasible, provide Location Data for all calls to the
national three-digit number or numbers for emergency purposes; and
(c) comply with such technical and other requirements relating to the provision of
emergency call services as the Authority may adopt.
9 NUMBERING
9.1 The Licensee shall be eligible to participate in, and shall comply with, the Numbering
Plan. The Licensee shall use only those Numbers assigned to it by the Authority and
those Numbers assigned to Subscribers that elect to transfer from Other Licensees to
the Licensee.
9.2 The Licensee shall manage any Numbers that it has been assigned by the Authority
in a manner that ensures the efficient use of those Numbers.
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9.3 The Licensee shall not charge its Subscribers for the assignment of Numbers, except
as otherwise permitted by the Authority.
9.4 The Licensee shall comply with any General Determinations made by the Authority in
respect of the Numbering Plan and the allocation, reclamation, re-assignment, sale
and use of Numbers.
10 NATIONAL SECURITY, EMERGENCIES AND LAW ENFORCEMENT
10.1 The Licensee shall cooperate with, and at the lawful Direction of the Governor,
Minister or Authority shall provide assistance to, the relevant Government ministries
responsible for national security and emergency services.
10.2 The Licensee shall, at the Direction of the Governor, Minister or the Authority, give
Telecommunications of the relevant Government ministries responsible for national
security and emergency services priority over all other Telecommunications.
10.3 The Licensee shall comply with the Authority’s Directions regarding the location and
concealment of the Licensee’s Electronic Communications Networks to protect them
from accidental or malicious injury.
10.4 If the Licensee receives distress signals and requests for assistance from ships,
aircraft and light stations, the Licensee shall re-transmit them, as promptly as
possible, to the relevant Government bodies.
10.5 The Licensee shall comply with the requirements of Schedule 2 of the ECA.
11 SIGNIFICANT MARKET POWER
11.1 If the Authority determines that the Licensee possesses Significant Market Power in a
relevant market, the Licensee shall promptly comply with each Ex Ante Remedy or
obligation imposed on the Licensee by the Authority pursuant to Sections 23 and 24
of the ECA, until the remedy or obligation is removed pursuant to Section 25 of the
ECA.
11.2 With regard to any market in which the Licensee has been determined to possess
Significant Market Power, the Licensee shall comply with the following requirements
unless they are specifically waived by an Administrative Determination of the
Authority:
(a) not to unduly discriminate in relation to the provision of Interconnection or
Access, in particular, by applying equivalent conditions in equivalent
circumstances to Other Licensees providing equivalent services, and
providing them with services and information (including technical
specifications and network-related information) under the same conditions
and of the same quality as it provides for its own services or those of its
Affiliates, subsidiaries or partners;
(b) not to adopt any technical specifications that would unreasonably or
unnecessarily obstruct or impede the ability of Other Licensees to
interconnect with the Licensee’s facilities or Access parts of the Licensee’s
network that are subject to Ex Ante Remedies imposed on the Licensee
pursuant to Sections 23 and 24 of the ECA;
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(c) enter into an Interconnection agreement with an Other Licensee within 90
days of receipt of a reasonably detailed written request for Interconnection or
within such other time frame as may be required by the Authority or any Ex
Ante Remedy imposed on the Licensee by the Authority pursuant to Sections
23 and 24 of the ECA; provided, however, that the Licensee shall not be
required to enter into an Interconnection agreement or provide
Interconnection service if the Authority determines that Interconnection would
be technically infeasible, could reasonably be expected materially to impair
the quality of any of the Licensee’s Electronic Communications Services, or
would threaten the integrity, security or interoperability of the Licensee’s
Electronic Communications Network; and
(d) not to unreasonably bundle services subject to ex ante price controls with any
other services.
For purposes of Condition 11.2, “Access” shall have the meaning ascribed to it by
Section 24(8) of the ECA.
12 PRIVACY OF COMMUNICATIONS
12.1 The Licensee shall take all reasonable measures to ensure the privacy of all
Telecommunications.
12.2 Except as otherwise provided in the ECA or any other applicable enactment, the
Licensee may not intercept, or wilfully divulge the content of, any
Telecommunications.
13 CONFIDENTIALITY OF PERSONAL DATA
13.1 Subject to Conditions 13.2 and 13.3 and Section 31 of the ECA, the Licensee:
(a) may not without an End-User’s or Subscriber’s informed consent collect, use,
maintain or disclose Personal Data about an End-User or Subscriber for any
purpose; and
(b) shall apply appropriate security safeguards to prevent the collection, use,
maintenance or disclosure of such Personal Data.
13.2 The Licensee shall comply with any General Determinations made by the Authority
requiring the Licensee to retain, or prohibiting the Licensee from retaining, specified
Personal Data relating to End-Users and Subscribers, including information about
billing, beyond a specified period.
13.3 The Licensee shall take reasonable steps to ensure that any Personal Data it
discloses or retains concerning an End-User or Subscriber is accurate and complete
for its intended use.
13.4 The Licensee shall permit an End-User or Subscriber to inspect its records regarding
Electronic Communications provided to that End-User or Subscriber and shall
respond promptly to requests to correct or remove information that is shown to be
incorrect, unless the Authority determines that such inspections or requests are
unreasonable.
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13.5 The Licensee shall disclose to End-Users and Subscribers, in a clear and transparent
manner, the purpose for requesting or collecting any information about the End-User
or Subscriber and may not use or maintain information about the End-User or
Subscriber for any undisclosed purposes.
13.6 The Licensee shall take appropriate steps to transfer relevant Personal Data relating
to End-Users or Subscribers to an Other Licensee that has been selected by an End-
User or Subscriber, as the case may be, to replace the Licensee as the provider of
an Electronic Communications Service where necessary to facilitate the change in
providers, in accordance with any procedures that may be established by the
Authority.
13.7 The Licensee shall not make use of any End-User or Subscriber information, network
and traffic data, or any other information obtained from Other Licensees as a result of
entering into Interconnection and other agreements with such Other Licensees, other
than for the purpose for which such information and data were provided. The
Licensee shall implement reasonable internal measures, including by limiting access
to physical records, systems and processes where appropriate, to safeguard and
maintain the confidentiality of any such data that is commercially or competitively
sensitive.
14 CONSUMER PROTECTION
14.1 The Licensee shall, in offering to provide, or providing, Electronic Communications
Services, publish clear, transparent and up-to-date information regarding its rates,
terms and conditions. Publication shall be effected by:
(a) placing such information on any relevant website operated by the Licensee or,
if no such website exists, placing a copy of such information in every major
office of the Licensee such that it is readily available for inspection free of
charge by members of the general public during normal office hours; and
(b) sending a copy of such information or any appropriate parts of it to any
Subscriber who requests such information.
14.2 The Licensee shall ensure that the standard terms and conditions of any contract
between the Licensee and a Residential Subscriber or Small Business Subscriber
include the following minimum requirements:
(a) the identity and address of the Licensee;
(b) the services provided, details of the service quality levels offered and the time
required to initiate service;
(c) the details of maintenance services offered;
(d) the means by which up-to-date information on all applicable price lists, tariffs,
discounts and maintenance charges may be obtained;
(e) the duration of the contract, provided that Subscribers shall have the option of
entering into a contract with a fixed term of no more than 12 months on fair
and reasonable terms;
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(f) the conditions, including any charges, for the renewal and termination of
services and of the contract;
(g) compensation and refund arrangements if quality of service levels to which
the Licensee has committed are not met;
(h) the procedures for initiating and resolving disputes in respect of the contract;
and
(i) any other information that may be required by the Authority.
14.3 Subject to any Ex Ante Remedies imposed on the Licensee pursuant to Sections 23
and 24 of the ECA and any other alternative requirements that may be established by
the Authority, if the Licensee intends to modify the terms and conditions of a contract
with a Residential Subscriber or Small Business Subscriber, the Licensee shall:
(a) provide the Subscriber with at least one month’s notice of its intention
detailing the proposed modification; and
(b) inform the Subscriber of the ability to terminate the contract without penalty if
the proposed modification is materially adverse to the Subscriber;
provided, however, that Condition 14.3(a) shall not apply to proposed modifications
that reduce the prices of the Licensee’s Electronic Communications Services; and
provided further that Condition 14.3(b) shall not, in cases where the Authority so
determines, relieve a Subscriber of the obligation to pay specific charges that would
otherwise have been due if the Subscriber had not terminated the contract.
14.4 The Licensee shall not render any bill to a Subscriber in respect of the provision of
any Electronic Communications Services unless every amount stated in that bill
represents and does not exceed the true extent of the service actually provided to the
Subscriber. The Licensee shall retain such records as may be necessary for the
purpose of establishing the Licensee’s compliance with this requirement for at least
one year or such other period determined by the Authority.
14.5 The Licensee may only charge a Subscriber for the specific Electronic
Communications Services or equipment that the Subscriber has ordered, and the
Subscriber shall have no liability to pay for any Electronic Communications Service or
equipment that it has not ordered.
14.6 In the case of Residential Subscribers and Small Business Subscribers who have
contracted for Electronic Communications Services for which the Licensee submits
bills subsequent to the provision of service, the Licensee shall provide such
Subscriber with bills:
(a) in writing, which may be transmitted electronically if the Subscriber consents;
(b) on a regular basis no less than monthly;
(c) in a plain and simple format;
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(d) that provide accurate information about the Electronic Communications
Services provided and the amounts due for each Electronic Communications
Service; and
(e) that clearly indicate the method of calculation of prices for any Electronic
Communications Service for which bills are based on the duration of calls or
other measure of usage.
14.7 The Licensee shall provide Residential Subscribers and Small Business Subscribers,
on request, and either at no extra charge or for a reasonable fee, a basic level of
itemised billing. The Licensee shall ensure that each itemised bill contains a
sufficient level of detail to allow the Subscriber to:
(a) verify and control the charges incurred by the Subscriber in using the
Licensee’s Electronic Communications Services; and
(b) monitor the Subscriber’s usage and expenditure and thereby exercise a
reasonable degree of control over the Subscriber’s bills.
The Licensee shall ensure that calls which are made from a Residential Subscriber’s
telephone which are free of charge, including calls to distress hotlines, are not
included in the Subscriber’s itemised bill. The requirements of this Condition shall
not apply to Electronic Communications Services provided to Subscribers for a flat
monthly or other periodic fee.
14.8 The Licensee shall not be obligated to comply with Condition 14.7 when:
(a) the Licensee provides Electronic Communications Services to the Subscriber
on a pre-paid basis; and
(b) the Subscriber has an alternative means, free of charge, to monitor the
Subscriber’s usage and expenditure.
14.9 The Licensee shall, as determined by the Authority, publish up-to-date information
regarding the quality of its Electronic Communications Services in a format that may
be used by Residential Subscribers and Small Business Subscribers to make
industry comparisons.
14.10 Prior to any planned interruption to or suspension of service, the Licensee shall give
reasonable advance notice to any Subscriber that will be affected by the interruption
or suspension.
14.11 Subject to any General Determinations, including codes of practice, that the Authority
may adopt pursuant to Section 26 of the ECA, the Licensee shall establish, publish
and thereafter maintain fair and reasonable procedures for the handling of complaints
made by Residential Subscribers or Small Business Subscribers in relation to the
provision of the Licensee’s Electronic Communications Services.
14.12 When a Residential Subscriber or Small Business Subscriber has not paid the
Licensee all or part of a bill for the Electronic Communications Services provided by
the Licensee, any measures taken by the Licensee to effect payment or
disconnection shall:
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(a) be proportionate and not unduly discriminatory;
(b) give prior warning to the Subscriber of any consequent service interruption or
disconnection; and
(c) except in cases of fraud, persistent late payment or non-payment, confine any
service interruption to the Electronic Communications Service concerned, as
far as technically feasible.
14.13 The Licensee shall publish the details of measures it may generally take against
Residential Subscribers and Small Business Subscribers to effect payment or
disconnection in accordance with Condition 14.12 by:
(a) placing such information on any relevant website operated by the Licensee or,
if no such website exists, placing a copy of such information in every major
office of the Licensee such that it is readily available for inspection free of
charge by members of the general public during normal office hours; and
(b) sending a copy of such information or any appropriate parts of it to any
Subscriber who requests such information.
14.14 The Licensee shall not make or cause to be made any claim or suggestion regarding
the availability, price or quality of its Electronic Communications Networks or
Electronic Communications Services or equipment or those of an Other Licensee if
the Licensee knows or reasonably ought to know that the statement or claim is false
or misleading.
14.15 Subject to any General Determinations, including codes of practice, made by the
Authority pursuant to Section 26 of the ECA, the Licensee shall not engage in any
Slamming activities and shall obtain each Subscriber’s authorization and verification
of the authorization prior to executing any change from an Other Licensee to the
Licensee. Where the Authority prescribes any form or manner for verification of a
Subscriber’s authorization for the prevention of Slamming, the Licensee shall
maintain records of verification in such a form or manner for a minimum period of 12
months.
14.16 The Licensee shall comply with such other determinations made by the Regulatory
Authority to protect the interests of consumers pursuant to Part 5 of the ECA.
15 INFORMATION, AUDITS AND INSPECTION
15.1 In addition to the information required by Section 53 of the RAA, the Licensee shall
promptly provide the Authority with any documents, accounts, reports, returns,
estimates or other information required by the Authority to carry out its responsibilities
under the RAA and ECA, including information regarding (a) the services or
equipment provided to Users, Other Licensees and Persons with Class Licences, (b)
the rates and charges for such services and equipment, (c) copies of contracts with
Other Licensees, (d) statistics regarding usage of the Licensee’s Electronic
Communications Networks and Electronic Communications Services, (e) relevant
activities, operations, or shareholdings of any Related Persons, and (f) any
arrangements or relationships between the Licensee and any Related Persons that
the Authority determines to be relevant to competition in the sector. For purposes of
Condition 15.1, “Related Person” shall mean any entity that directly or indirectly
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owns, is directly or indirectly owned by, or is under common ownership with, the
Licensee, as evidenced by the ownership of five per cent or more of the shares, stock
or other securities or voting rights of the owned entity, including through an
arrangement of any type.
15.2 The Licensee shall permit the Authority or Persons designated by the Authority to
examine, investigate or audit, or procure such assistance as the Authority may
require to conduct an examination, investigation or audit of, any aspect of the
Licensee’s business.
15.3 Subject to the provisions of Section 92 of the RAA, the Licensee shall permit the
Authority or Persons designated by the Authority to enter the Licensee’s premises,
and shall facilitate access by them to premises used by the Licensee, to conduct an
inspection, examination, investigation or audit of the Licensee.
15.4 The Licensee shall place a complete copy of this Licence and any associated Radio
Spectrum licences on the Licensee’s website or, if no such website exists, in a
conspicuous place in the Licensee’s principal place of business such that it is readily
available for inspection free of charge by members of the general public during
normal office hours.
16 MODIFICATION OF THE LICENCE
The Licence may be modified:
(a) with the mutual consent of the Licensee and the Authority;
(b) by the Authority pursuant to the provisions of Section 51 of the RAA and
Section 9(2)(c)(i) of the ECA; and
(c) by the Authority following an enforcement proceeding, pursuant to the
provisions of Section 93 of the RAA.
17 ENFORCEMENT AND REVOCATION
17.1 The Authority may initiate enforcement proceedings pursuant to Section 93 of the
RAA and Section 18(5) of the ECA if there is reason to believe that the Licensee has
contravened the terms of this Licence or the Applicable Regulatory Framework. The
Licensee shall participate in good faith in such enforcement proceedings. Upon
finding that the Licensee has contravened this Licence or the Applicable Regulatory
Framework, the Authority may, among other things, issue a warning, direct the
Licensee to remedy the contravention or make restitution, impose financial penalties
up to ten per cent of the Licensee’s total annual turnover, or modify or suspend this
Licence and the associated Spectrum licences.
17.2 The Authority may revoke or terminate this Licence in accordance with the provisions
of Sections 18(5) and 18(6) of the ECA. If this Licence is revoked or terminated, the
Licensee shall make reasonable efforts to transition affected Subscribers and Other
Licensees to alternative providers of Electronic Communications Service.
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18 DISCONTINUATION OF SERVICE; SURRENDER OF LICENCE
18.1 Subject to any Ex Ante Remedies imposed on the Licensee pursuant to Sections 23
and 24 of the ECA, the Licensee shall not discontinue the general provision of any
Electronic Communications Service unless the Licensee first provides the Authority
and affected Subscribers and Other Licensees with no less than 60 days advance
notice, or such other greater or lesser notice as the Authority may determine, of the
discontinuation of service. The Licensee shall make such reasonable efforts as the
Authority may require to transition affected Subscribers and Other Licensees from the
discontinued Electronic Communications Service to a reasonable alternative service
provided by either the Licensee or an Other Licensee.
18.2 The Licensee may surrender the Licence, with the agreement of the Authority. The
Licensee shall submit a request to surrender the Licence no less than180 days, or
such lesser period as the Authority may allow, in advance of the date on which the
Licensee proposes to surrender the Licence. If the Authority agrees to the surrender
of the Licence, the Licensee shall make such reasonable efforts as the Authority may
require to transition affected Subscribers and Other Licensees to alternative
providers of Electronic Communications Services.
19 ASSIGNMENT
The Licensee shall not sub-license, assign or grant any right, interest or entitlement
in the Licence nor transfer the Licence to any other Person, including an Affiliate of
the Licensee, without the prior written authorization of the Authority acting with the
written consent of the Minister.
20 CHANGE OF CONTROL
The Licensee shall not complete any proposed change in control of the Licensee
without first obtaining the prior written authorization of the Authority, acting with the
written consent of the Minister, in accordance with Sections 18(6) and 18(7) of the
ECA.
21 INDEMNIFICATION
21.1 The Licensee shall indemnify the Regulatory Authority against all actions, claims and
demands which may be brought or made by any Person in respect of any injury or
death of any Person or damage to any property arising from any act of the Licensee
permitted or authorized by the Licence. The Authority shall provide the Licensee with
notice of any such actions, claims and demands, but the Authority’s failure to do so
shall not relieve the Licensee of any obligations imposed on the Licensee by this
Condition.
21.2 The Licensee shall indemnify the Government of Bermuda for the reasonable costs of
repairing, restoring or replacing any Electronic Communications Networks or
Electronic Communications Services used by the Government that are damaged,
interrupted or otherwise interfered with, either directly or indirectly, by the Licensee.
22 FORCE MAJEURE; OTHER EVENTS
22.1 If the Licensee is prevented from complying with the Licence by acts of God, war,
warlike operations, civil commotion, major strikes or any other significant or
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protracted industrial action, fire, tempest or any other causes beyond the Licensee’s
control:
(a) the Licensee shall notify the Authority, as promptly as reasonably practicable,
of the obligations of the Licence with which the Licensee cannot comply, the
expected duration of the event of force majeure, and the measures the
Licensee is taking to overcome the consequences of the event of force
majeure; and
(b) the Authority may suspend such obligations of the License as the Authority
concludes the Licensee cannot comply with for as long as the event of force
majeure continues.
22.2 In addition to events of force majeure, the Licensee shall notify the Authority of any
fact or event likely to affect materially the Licensee’s ability to comply with any
Condition of this Licence, or an insolvency-related fact or event in respect of the
Licensee or any Affiliate, or any preparatory steps being taken that might lead to an
insolvency-related event, immediately upon becoming aware of such fact or event.
23 NOTICES
23.1 Unless the Authority determines otherwise, notices to the Licensee under the Licence
shall be in writing and sent by registered letter to the address shown on the cover
page of the Licence to the attention of __________________________.
23.2 Unless the Authority determines otherwise, notices to the Authority under the Licence
shall be in writing and sent by registered letter to the Chief Executive of the Authority
at the business address of the Authority.
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ANNEX A
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TRANSITIONAL CONDITIONS
The Licensee shall comply with each of the Transitional Conditions set forth below
until such time as the Authority makes an Administrative Determination in respect of
the subject matter of each such Transitional Condition.
A1 SCOPE OF LICENCE; CHANGE OF OWNERSHIP; TRANSFER OF
ASSETS
A1.1 Notwithstanding the provisions of Condition 3.1, the Licensee may not
establish, construct or operate any Electronic Communications Networks or
provide any Electronic Communications Services that were not authorized by
the Licensee’s pre-existing Public Telecommunications Licence [in the case of
Bermuda Telephone Company Limited: that were not lawfully permitted] as at
the date of commencement of Part 12 of the ECA, pending a determination by
the Authority whether:
(a) the Licensee has Significant Market Power in one or more relevant
markets and, if so, until such time as the Authority determines that the
Licensee has satisfactorily complied with any Ex Ante Remedies
imposed on the Licensee by the Authority; or
(b) the Licensee has failed to pay any fees due and payable under its pre-
existing licence and, if so, until such time as the Authority determines
that all amounts in arrears, including any applicable interest and
penalties, have been paid in full to the Authority.
A1.2 Notwithstanding the provisions of Condition 20, the Licensee shall obtain the
prior approval of the Authority, acting with the written consent of the Minister,
for (i) any increase in the ownership of the shares, stocks or other securities
or voting rights of, or (ii) any transfer of assets relating to the provision of
Electronic Communications Services to, another ICOL holder in which the
Licensee has a direct or indirect ownership interest, which has a direct or
indirect ownership in the Licensee, or which is under common ownership with
the Licensee:
(a) until such time as the Authority determines that the Licensee does not
possess Significant Market Power in one or more relevant markets;
and
(b) if the Authority determines that the Licensee possesses Significant
Market Power in one or more relevant markets, until such time as the
Authority determines that the Licensee has satisfactorily complied with
any Ex Ante Remedies imposed on the Licensee by the Authority.
A2 COMPLIANCE
A2.1 The Licensee shall comply with the provisions of Sections 21 and 23A of the
Telecommunications Act 1986, which are reproduced in Annex B, until the
later of the following events:
(a) the Authority determines that the Licensee does not possess
Significant Market Power in one or more relevant markets; or
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(b) if the Authority determines that the Licensee possesses Significant
Market Power, the Authority determines that the Licensee has
complied with any Ex Ante Remedies imposed on the Licensee by the
Authority.
For purposes of this Transitional Condition, references in Annex B to “Carrier”
shall mean the Licensee and references to “the Commission,” “the
Department” and “the Minister” shall mean the Authority.
A2.2 If the Licensee was designated as a Specified Carrier in the First Schedule of
the Telecommunications Act 1986, the Licensee may not, without the prior
written approval of the Authority, initiate new Electronic Communications
Services or modify the tariffs or prices of Electronic Communications Services
in effect as at the commencement date of the Licence, and shall otherwise
comply with the provisions of Section 23 of the Telecommunications Act 1986,
which is reproduced in Annex B, until the later of the following events:
(a) the Authority determines that the Licensee does not possess
Significant Market Power in one or more relevant markets; or
(b) if the Authority determines that the Licensee possesses Significant
Market Power, the Authority determines that the Licensee has
complied with any Ex Ante Remedies imposed on the Licensee by the
Authority.
Notwithstanding the foregoing, the Authority may eliminate the prior approval
requirement for individual Electronic Communications Services provided by
the Licensee.
For purposes of this Transitional Condition, references in Annex B to “Carrier”
shall mean the Licensee, references to “the Commission” shall mean the
Authority, and references to “Section 24” shall mean the Authority’s
Administrative Rules.
A2.3 Until such time as the Authority makes a General Determination to the
contrary, the Licensee shall:
(a) not increase the rates for Wholesale termination of domestic and
international calls on its Electronic Communications Network; and
(b) if the Licensee has been assigned Numbers under the Numbering
Plan, provide End-Users with Carrier Pre-selection for international
calls.
A2.4 The Licensee shall comply with all statutory instruments, administrative
determinations, authorizations and adjudicative decisions and orders or their
equivalent that relate to Electronic Communications that were made or given
effect in accordance with the Telecommunications Act 1986 and that were in
operation as at the date of commencement of the ECA, until such time as
their disposition is determined by the Minister or the Authority.
Notwithstanding the foregoing, in the case of an irreconcilable conflict
between the ECA and any such legal instruments, the Licensee shall comply
with the requirements of the ECA.
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A3 PAY TELEPHONES AND OPERATOR SERVICES
A3.1 The Licensee may provide Public Pay Telephone Service, provided, however,
that the Licensee:
(a) shall conspicuously post on or near each pay telephone:
(i) the charges, including surcharges, that will be incurred by
Users for all domestic and international voice and data calls,
including operator-assisted calls and access to toll-free
numbers; and
(ii) the name, business address, email address and toll-free
number of the Licensee;
(b) may not knowingly charge for unanswered calls; and
(c) shall immediately connect all calls to emergency services without
charge.
If the Licensee is providing Pay Telephone Service as at the date of
commencement of the ECA, the Licensee shall continue to provide such
service until such time as the Authority approves the discontinuation of such
service.
A3.2 The Licensee may provide Operator Services, provided, however, the
Licensee:
(a) shall identify itself to the User, verbally for voice calls and otherwise for
non-voice calls, at the beginning of each call before the call is
connected and billed;
(b) shall provide a mechanism to inform the User of the price of each call,
including any surcharges, before the call is connected and billed;
(c) may not knowingly charge for unanswered calls; and
(d) shall immediately connect all calls to emergency services without
charge.
If the Licensee is providing Operator Services as at the date of
commencement of the ECA, the Licensee shall continue to provide such
service until such time as the Authority approves the discontinuation of such
service.
A4 DIRECTORIES AND DIRECTORY ENQUIRY SERVICE
A4.1 The Licensee may publish Directories and provide Directory Enquiry Service,
provided, however, that the Licensee shall provide Subscribers, including
Subscribers of Other Licensees, with the option to be excluded from a
Directory and Directory Enquiry Service; and provided further that if the
Licensee obtains Subscriber data from Other Licensees pursuant to
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Transitional Condition A4.2 below, the Licensee may not use that data for any
purpose other than providing Directories or Directory Enquiry Services.
A4.2 Subject to the requirements of Condition 13 of this Licence, the Licensee
shall, at its own expense, maintain a complete and accurate database of its
Subscribers’ Numbers and make that data (including and clearly identifying
Numbers that Subscribers have asked be excluded from Directories and
Directory Enquiry Services) available to Other Licensees, designated by the
Authority, that wish to provide Directories and Directory Enquiry Services on
reasonable terms and conditions, in a format agreed between the Licensee
and the Other Licensee requesting the data. Subscribers to mobile telephone
services shall be presumed to have asked to be excluded from Directories
and Directory Enquiry Services in the absence of written evidence to the
contrary.
A4.3 If the Licensee is providing Directories or Directory Enquiry Service as at the
date of commencement of the ECA, the Licensee shall continue to provide
such service until such time as the Authority approves the discontinuation of
such Directories and service.
A5 PERSONNEL, FACILITIES AND SERVICES
A5.1 Until such time as the Authority makes a General Determination to the
contrary, the Licensee shall maintain in Bermuda all of the personnel,
Electronic Communications Network facilities, Associated Facilities and
Associated Services relating to the provision of the Electronic
Communications Services authorized by this Licence that were located in
Bermuda as at the date of this Licence. The Authority may, with the approval
of the Minister, waive this Transitional Condition in whole or in part if, and to
the extent that, the Authority determines that:
(a) there are insufficient human or other resources available in Bermuda
to enable the Licensee to continue to comply with this Transitional
Condition; or
(b) continued compliance with this Transitional Condition would be
economically impractical, deprive Bermuda of new and innovative
services or result in higher prices for Bermudian consumers; and
(c) a waiver would be in the public interest and not unduly discriminatory
in respect of other similarly situated licensees.
A5.2 Until such time as the Authority makes a General Determination to the
contrary, the Licensee shall provide the Authority with no less than 120 days
advance notice, or such other notice as the Authority may determine, before
employing outside of Bermuda any personnel, Electronic Communications
Network facilities, Associated Facilities and Associated Services relating to
the provision of the Electronic Communications Services authorized by this
Licence.
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ANNEX B
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Excerpts from Telecommunications Act 1986
Duties of Carriers
21 (1) Subject to this section, it shall be the duty of every Carrier—
(a) to furnish telecommunication service upon any reasonable
request therefor and upon reasonable terms and conditions;
(b) to establish, upon reasonable terms and conditions,
interconnection, at any technically feasible point within its
network, with other Carriers; and such interconnection shall be
at least equal in quality to that provided to itself, a subsidiary,
affiliate or any other Carrier, to which it provides
interconnection;
(c) to provide, on reasonable terms and conditions, for physical
collocation of interconnection at its premises;
(d) to establish, and provide facilities for operating, through routes,
on reasonable terms and conditions;
(e) subject to subsection (1A), to maintain the confidentiality of any
information provided by a customer or another Carrier;
(f) to refrain from any act or practice which is intended, or is likely,
to have the effect of lessening competition;
(g) to refrain from marketing practices or advertisements which are
false or misleading in a material respect;
(h) to provide to other Carriers, upon reasonable terms and
conditions, access to support structures including telephone
poles, underground conduits and communication towers;
(i) to maintain existing services unless permitted by the
Commission to discontinue such services;
(j) to display—
(i) in a conspicuous place in the Carrier's principal place of
business or in such other place as may be specified in
writing by the Minister; and
(ii) in such a manner that all the terms and conditions
subject to which the licence is granted are visible and
legible,
every licence granted under this Act or authorized by law to
establish, maintain or operate a public telecommunication
service;
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(k) to submit to the Commission either prior to, or not later than ten
days after, execution, and in such form as the Commission
may specify, copies of all agreements in respect of
interconnection or access to support structures between that
Carrier and another Carrier, including any amendments to any
existing agreements between Carriers.
(1A) Subsection (1)(e) does not apply—
(a) where one Carrier wishes to transfer certain classes of
services to another Carrier;
(b) in respect public telecommunication services which are directly
connected with the delivery of emergency services; or
(c) where in the special circumstances of a particular case the
Minister determines that it is in the public interest that such
confidentiality should not apply.
(2) A carrier shall comply with a request under paragraph (1)(a), (b), (c) or
(d) within thirty days of the request being made or within such longer period as the
Commission may allow, and a Carrier is not relieved of the duty imposed by those
paragraphs by reason only of the Carrier's inability to comply with the request within
the time specified.
(3) For the purpose of paragraph (1)(k) any Carrier that is party to an
agreement may furnish a copy of the agreement to the Commission on behalf of all
the Carriers that are party to the agreement.
(4) Upon receipt of a copy of an agreement under paragraph (1)(k) the
Commission shall within ten days either indicate its approval of such agreement or its
intention to enquire into the agreement.
(5) Where the Commission approves an agreement and informs the
Carrier in writing of such approval, the agreement shall either be executed within
seven business days by all parties or remain in force as the case may be.
(6) If the Commission decides to enquire into any aspect of an agreement
the Commission shall conclude its enquiries as expeditiously as possible and in no
case in more than thirty days or such longer period as the Minister may allow and
give a direction—
(a) approving the agreement;
(b) approving the agreement on a provisional basis;
(c) changing the agreement in whole or in part; or
(d) suspending the agreement or postponing the date upon which
the agreement is intended to be executed to such other date as
may be specified,
and the Carriers shall comply therewith.
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(7) Where a Carrier has established to the satisfaction of the Commission
that an existing service is unprofitable or loss-making, the Commission shall not
refuse permission to discontinue that service unless—
(a) the Commission considers that it is in the public interest to
refuse permission, having regard to the utility of the service,
the availability of suitable substitutes and the degree of
reliance on the service by the public or segments of the public;
and
(b) the Commission is satisfied that the Carrier will be adequately
compensated for the loss involved in continuing the service by
the rates and charges it charges for other services it provides.
(8) No Carrier may disconnect another Carrier without the consent in
writing of that Carrier or the Minister.
(9) A Carrier may only seek the permission of the Minister to disconnect
another Carrier if—
(a) that Carrier fails to settle its accounts due within a period of
thirty days after receipt of a written warning notice and within a
further period of thirty days after receipt of a written notice of
intention to seek permission for disconnection;
(b) that Carrier fails to comply with any term of the contract or
agreement for the provision of the service;
(c) that Carrier fails to conform to the agreed technical
specification for the provision and operation of the service; or
(d) there is other just and reasonable cause for disconnection.
(10) A Carrier which seeks the Minister's permission to disconnect another
Carrier shall give notice to the Minister in writing not less than thirty days before the
date of the proposed disconnection, informing the Minister of the reasons for the
proposed disconnection, and the Minister shall forthwith refer the matter to the
Commission for enquiry and report.
(11) Upon referral of a matter to the Commission under subsection (10),
the Commission shall conclude its enquiry as expeditiously as possible and report to
the Minister with recommendations within twenty days of the date of referral by the
Minister.
(12) The Minister shall render a decision on a proposed disconnection of
one Carrier by another within thirty days of receipt by the Minister of the notice by the
Carrier under subsection (10).
Specified Carriers must give notice to Commission of charges
23 (1) Subject to this Act, no specified Carrier shall initiate a new
telecommunication service or vary its rates and charges for existing
telecommunication services unless it gives notice in writing of the new service and
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the proposed rates and charges therefor, the proposed variation in the rates and
charges for the existing service and the amount thereof to the Commission and
publishes a notice in accordance with subsection (2).
(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 any person
may make objections and forward such objections to the Commission within twenty-
one days from the second date of publication of the notice.
(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.
Carriers to maintain lists of rates and charges
23A (1) A Carrier shall at all times keep at its place of business in Bermuda or
such other place approved by the Commission, and on its website if any, a current
list of all its rates and charges and shall make the list available for inspection by any
person without charge during business hours subject to such reasonable restrictions
as the Carrier may impose.
(2) A Carrier shall prior to initiating a new telecommunication service or
varying the rates or charges for existing telecommunication services as the case may
be furnish to the Department in such form as may be specified by the Commission,
notice in writing of the new service and the rates and charges therefor or the revised
rates and charges for the existing service as the case may be and such information
shall be available for inspection at the offices of the Department or such other
location as maybe specified by the Commission.
(3) A Carrier which contravenes any provision of this section is guilty of
an offence and is liable on conviction by a court of summary jurisdiction to a fine not
exceeding five thousand dollars and, in the case of a continuing offence, is liable to a
further fine of five hundred dollars for each day during which the contravention
continues.
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ANNEX C
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RADIO FREQUENCY SPECTRUM
Set forth below are the frequencies assigned to the Licensee as at 29 April 2013.
Radio Frequencies
(Set Forth in Spectrum
Licence Number)
Radio Service
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ELECTRONIC COMMUNICATIONS (INTEGRATED COMMUNICATIONS
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Made this 26th day of April 2013
Acting Minister of Economic Development
33
