Communications Act


Published: 2009-09-01

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Communications
COMMUNICATIONS [CH. 304 – 1





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

CHAPTER 304

COMMUNICATIONS

LIST OF AUTHORISED PAGES

1 – 92 LRO 1/2010


ARRANGEMENT OF SECTIONS

SECTION

PART 1- PRELIMINARY
1. Short title.
2. Interpretation.
3. Application of the Act.

PART II - ELECTRONIC COMMUNICATIONS POLICY
4. Objectives.
5. Guidelines for regulation and Government measures.
6. Sector policy.

PART III - MANAGEMENT OF ELECTRONIC
COMMUNICATIONS

7. Functions of URCA.
8. General powers of URCA.
9. Powers of investigation.
10. Search warrants.
11. Duty to consult.
12. Duty to publish documents.
13. Regulatory and other measures of public significance.
14. Confidentiality.
15. Alternative Dispute Resolution (ADR) scheme.

PART IV - LICENSING OF ELECTRONIC
COMMUNICATIONS

LICENCES AND EXEMPTION DETERMINATIONS
16. Requirement of a licence or exemption determination or

general or special conditions of entitlement.
17. Exemptions.
18. Licences and exemption determinations generally.
19. Individual and class licences.
20. Power to grant individual licences with conditions.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

21. Individual operating licences and subsidiary undertakings.
22. Class licences not requiring registration.
23. Class Licences requiring registration.
24. Other requirements not affected.

PROCEDURE
25. Procedural regulations.
26. Individual licence applications and renewals.
27. Amendment and revocation of licences.
28. Maintenance of public register.

PART V - RADIO SPECTRUM MANAGEMENT
29. Management of the radio spectrum.
30. Minister's responsibilities.
31. Spectrum plan.
32. Objectives of radio spectrum management.
33. Deliberate interference.
34. Consultation on radio spectrum matters.
35. Radio spectrum planning, allocation and assignment.
36. Vacation of radio spectrum without compensation.
37. Vacation of radio spectrum with compensation.
38. Spectrum trading.

PART VI - SMP LICENSEES
39. Regulator's power to determine that licensees have SMP.
40. Conditions on SMP licensees.

PART VII - UNIVERSAL SERVICE
41. Determination of universal service obligations.
42. Determination of universal service provider.
43. Universal service benefits.
44. Universal service funds.

PART VIII - CONSUMER PROTECTION
45. Duty to enforce consumer protection provisions.
46. Licensees' key performance indicators.
47. Unsolicited communications.
48. Confidentiality of subscriber information.
49. Access by public bodies.
50. Telephone directories.
51. Access to subscribers' premises.

PART IX - CONTENT REGULATION
52. General powers to regulate content services.
53. Development of codes of practice.
54. Complaints.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

55. Power to delegate.
56. Limitation of URCA's power.
57. URCA to maintain register of codes of practice.
58. Retention of content.
59. Civil penalty for non compliance.

PART X - PUBLIC SERVICE BROADCASTING
60. Public service broadcasting.
61. Public service broadcaster.
62. Public service broadcasting benefits.
63. Public service broadcasting fund.
64. Funding pre-conditions.

PART XI - COMPETITION PROVISIONS
65. Matters in relation to which URCA has competition functions.
66. Principles to be applied in determining questions.

ANTICOMPETITIVE AGREEMENTS
67. Prohibition of agreements and practices preventing, restricting

or distorting competition.
68. Exempt agreements.

ABUSE OF A DOMINANT POSITION
69. Abuse of a dominant position.

MERGER CONTROL
70. URCA to regulate changes in control in relation to licensees.
71. Change in control.
72. Questions to be determined.
73. Principles to be applied in appraising a change of control.
74. Media public interest.
75. Appraisal of change in control.
76. Fees in respect of merger applications.
77. Power to request information.
78. Timetable for appraisal of changes in control.

PART XII - TELECOMMUNICATIONS NUMBERING
AND NAMING SYSTEM

79. Numbering plan.
80. Number portability.
81. National emergency numbers.
82. Management of Bahamas domain names.

PART XIII- TECHNICAL MATTERS
83. Technical equipment.



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STATUTE LAW OF THE BAHAMAS LRO 1/2010

PART XIV - LAND ACCESS
84. Power to enter on public land for purposes of constructing or

installing and operating electronic communications apparatus.
85. Procedure for acquiring licence or consent to access land for

purposes of electronic communications networks.
86. Entry to land.
87. Notices.

PART XV - NATIONAL INTEREST MATTERS
88. Interception.
89. War and emergencies.

PART XVI - FEES AND PAYMENTS
90. Other laws.
91. Communications licence fee.
92. URCA fees.
93. Spectrum fees.
94. Offences and interest.

PART XVII - ENFORCEMENT ORDERS
95. Power to make orders.
96. Interim orders.
97. Publication of orders.
98. Enforcement of orders.

DETERMINATIONS
99. Power to make determinations.
100. Procedure for determinations.
101. Publication of determinations.
102. Enforcement of determinations.

ADJUDICATIONS
103. Power to make adjudications.
104. Procedure for adjudications.
105. Publication of adjudications.
106. Enforcement of adjudications.

OFFENCES
107. Offences.
108. Maritime and Aviation.

FINES AND REMEDIES
109. Fines and remedies.

PART XVIII - THE UTILITIES APPEAL TRIBUNAL
JURISDICTION UNDER THIS ACT

110. Jurisdiction of the Tribunal.
111. Appeals.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

PART XIX - TRANSITIONAL PROVISIONS
112. Sector policy.
113. Transitional provisions as to licences.
114. The Bahamas Telecommunications Company.
115. Public service broadcaster.
116. Interim presumptions of SMP.
117. Use of spectrum for maritime or aviation purposes.
118. Domain names use.
119. Interim designation of universal service providers.

PART XX- RELATED AMENDMENTS
120. Repeals enactments.

SCHEDULE 1
REPEAL AMENDMENTS AND SAVINGS OF

ENACTMENTS
SCHEDULE 2
LAND ACCESS
SCHEDULE 3
COMMUNICATIONS LICENCE FEE
SCHEDULE 4
PRESUMPTIONS OF SMP
SCHEDULE 5
INTERIM DETERMINATION OF UNIVERSAL SERVICE

OBLIGATIONS AND INTERIM DESIGNATIONS OF
UNIVERSAL SERVICE PROVIDERS







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CHAPTER 304

COMMUNICATIONS


[Assent - 29th May, 2009]

[Commencement – 1st September 2009]

PART 1- PRELIMINARY

1. This Act may be cited as the Communications
Act.

2. In this Act, all terms shall have the meaning
attributed to them by the Interpretation and General
Clauses Act unless otherwise expressly defined —

“affiliate'' or “affiliated company” includes, in
relation to another company, a company
that directly or indirectly controls, is
controlled by, or is under common control
with, such other company; and hence is
considered to be a member of the same
group of companies;

“audiovisual media service” means a service for
the provision of material with a view to its
being comprised in signals conveyed by
means of a network which is under the
editorial responsibility of the service
provider of that service;

“Bahamas Telecommunications Company”
shall mean Bahamas Telecommunications
Company Limited, a private company
limited by shares incorporated in The
Commonwealth of The Bahamas with
registration number 48750;

“broadcasting” means a service which consists
in the provision of —
(a) television programmes;
(b) radio programmes; or
(c) teletext services,
so as to be available for reception by
members of the public;

10 of 2009

S.I. 77/2009.

Short title.

Interpretation.
Ch. 2.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

“carriage service” means any service consisting
in whole or in part or the conveyance of
signals by means of a network, except in so
far as it is a content service, including the
provision of ancillary services to the
conveyance of signals and conditional
access or other related services to enable a
customer to access a content service;

“consumer” means any person who uses or
requests a service whether for business or
residential purposes;

“content service” means a service either for the
provision of material with a view to its
being comprised in signals conveyed by
means of a network or that is an
audiovisual media service;

“Corporation” means the Broadcasting
Corporation of The Bahamas originally
established by section 3 of the
Broadcasting Act;

“customers” means, in relation to a licensee, the
following (including any of them whose
use or potential use of the network or
carriage service is for the purposes of, or in
connection with, a business) —
(a) the persons to whom the network or

carriage service is provided in the
course of any business carried on as
such by the licensee;

(b) the persons to whom the licensee is
seeking to secure that the network or
carriage service is so provided;

(c) the persons who wish to be so
provided with the network or carriage
service, or who are likely to seek to
become persons to whom the network
or carriage service is so provided;

“customer premises equipment” means
electronic communications equipment and
inside wiring located at a customer's
premises and connected to an electronic
communications system at the network
termination point;

“document” shall have the meaning specified in
section 2 of the Evidence Act, and includes

Ch. 305.

Ch. 65.

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material whether in hard or electronic
format;

“domain names” means a name allocated under
the global name system assigned to The
Bahamas according to the two-letter code
in the International Standard ISO 3166-1
(Codes for Representation of Names of
Countries and their Subdivision) and
includes any second or subsequent level
domain names;

“editorial responsibility” means the exercise of
effective control both over the selection of
the programmes and over their organisation
either in a chronological schedule, in the
case of television broadcasts, or in a
catalogue, in the case of on-demand
audiovisual media services;

“electronic communications”, “communications”
and any cognate terms mean the
conveyance, by the use of electrical,
magnetic or electromagnetic energy, of
signals of any description;

“electronic communications policy objectives”
means the objectives set out in section 4;

“electronic communications sector” means the
economic sector encompassing the
provision of all electronic communications,
including broadcasting;

“electronic communications service” includes
the provision of any carriage service or
content service;

“facility” means any element or physical
component of a network;

“individual operating licence” shall have the
meaning attributed to it in section 20(1);

“interconnection” means physical or logical
linking of networks to allow the users of
one network to communicate with users of
another network or to access carriage
services provided by another licensee;

“licensee” means —
(a) in respect of an individual licence, the

named licensee and any of its
subsidiary undertakings notified to

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

URCA in accordance with section 21
(1); or otherwise

(b) the named licensee;
“licence fee” means the fee billed and collected

by URCA under section 91;
“Minister” means the Minister charged with the

responsibility for the electronic
communications sector who shall be a
minister other than the Minister for URCA
and the Minister for the Corporation;

“Minister for the Corporation” means the
Minister responsible for relations with the
Corporation who shall be a minister other
than the Minister and the Minister for
URCA;

“Minister for URCA” means the Minister
responsible for relations with URCA under
the URCA Act who shall be a minister
other than the Minister and the Minister for
the Corporation;

“named licensee” means a person granted or
issued a licence under Part IV of this Act
or subject to general or specific conditions
of entitlement introduced under
section 8(2);

“network” means —
(a) a transmission system for the

conveyance, by the use of electrical,
magnetic or electromagnetic energy,
of signals of any description; and

(b) such of the following as are used by
the person providing the network and
in association with it, for the
conveyance of the signals —
(i) apparatus, equipment or facilities

comprised in the network;
(ii) apparatus, equipment or facilities

used for the switching or routing
of the signals; and

(iii) software and stored data;
“network termination point” means any

physical point of connection forming part
of a network at which other networks or

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customer premises equipment may be
connected;

“numbering plan” means the plan made by
URCA under section 79 which establishes
a format of codes and subscriber numbers
for routing carriage services to specific
locations in The Bahamas and to facilitate
switching to international destinations;

“number portability” means a facility whereby
subscribers who so request can subject to
the numbering plan retain their telephone
number on a public network, independently
of the licensee providing the service at the
network termination point of a subscriber;

“on-demand audiovisual media service” means
a content service provided to allow the user
to view programmes at the moment
selected by the user at his or her individual
request on the basis of a catalogue of
programmes selected by the audiovisual
media service provider;

“party political broadcast” means a broadcast
transmission that has been edited by or on
behalf of a political party;

“plurality of media ownership” means the
principle that media should as far as
possible be owned by different persons to
ensure diversity;

“populated area” means groups of permanent
inhabited dwellings comprising ten or more
households;

“premium spectrum band” means those
frequencies falling within the range defined
in the spectrum plan as the premium
spectrum band;

“programme” means a set of moving images
with or without sound constituting an
individual item within a schedule or a
catalogue established by an audiovisual
media service provider and whose form
and content is comparable to the form and
content of television broadcasting;

“public land” means Crown land and other
public land belonging to the Government
or any other public body and includes all

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

highways and streets within The Bahamas
but for the purposes of Part XIV (Land
access) does not include buildings or other
premises owned and occupied by the
Government or by any other public body;

“public network” means any network provided
wholly or mainly for the purpose of
making services available to members of
the public;

“public service broadcasting” means
broadcasting by a person designated
pursuant to section 61 in accordance with
the provisions set out in section 60;

“records” means data or information showing
the extent of any network or carriage
service actually provided to a subscriber
and any data or information used in the
creation of a bill for a subscriber;

“regulatory and other measures” means all
possible acts issued by the relevant body
by whatever procedure including but not
limited to directions, decisions,
adjudications, orders and regulations;

“relevant turnover” means the gross receipts in
money or money's worth of the licensee or
any person in respect of whom an
exemption determination has been made
under section 17 attributable to:
(a) the provision of a network or carriage

service or use of any radio spectrum
under any licence or exemption
determination; and

(b) a content service,
including associated advertising revenue
and other ancillary revenue, but after the
deduction of sales rebates in The
Bahamas during the relevant financial
year;

“sector policy” means the policy adopted
pursuant to section 6 and section 112;

“signal” includes —
(a) anything comprising speech, music,

sounds, visual images or

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communications or data of any
description; and

(b) signals serving for the impartation of
anything between persons, between a
person and a thing or between things,
or for the actuation or control of any
apparatus;

“SMP” means 'significant market power' and
shall have the meaning attributed to it
under section 39(1);

“SMP licensee” means any licensee that is
declared to have SMP by URCA under
section 39;

“spectrum licence” means a licence issued
under the terms of section 19;

“spectrum plan” means the national spectrum
plan published pursuant to section 31;

“standard spectrum band” means those
frequencies falling within the range defined
in the national spectrum plan as the
standard spectrum band;

“state assets” means any radio spectrum,
national telephone numbers and domain
names;

“subscriber” means any customer of a licensee
who is party to a contract with the licensee
for the provision of networks or carriage
services;

“subsidiary undertaking” means any subsidiary
company and, where that subsidiary
company is a parent company, any
subsidiary undertakings of that parent
company; where “parent company” and
“subsidiary company” shall have the
meaning attributed to them in section 2 of
the Companies Act;

“television broadcast” means an audiovisual
media service provided by an audiovisual
media service provider for simultaneous
viewing of programmes on the basis of a
programme schedule;

“tribunal” means the Utilities Appeal Tribunal
established by the UAT Act;



Ch. 308.

Ch. 307.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

“UAT Act” means the Utilities Appeal Tribunal
Act;

“unallocated spectrum band” means those
frequencies falling within the range defined
in the spectrum plan as the unallocated
spectrum band;

“undertaking” means —
(a) a body corporate or partnership;
(b) an unincorporated association; or
(c) any person,
carrying on a trade or business, with or
without a view to profit;
“universal service” means those services
specified pursuant to section 41;

“universal service fund” means a fund
established under section 44;

“universal service obligation” means those
obligations specified pursuant to section
41;

“URCA fee” means the fee to be determined by
URCA under section 92;

“URCA” means the Utilities Regulation &
Competition Authority established by the
URCA Act;

“URCA Act” means the Utilities Regulation &
Competition Authority Act;

“voting control” means the control of or the
ability to control, whether directly or
indirectly, the exercise of the right to vote
attaching to one or more voting shares in a
licensee —
(a) by the exercise of a right, where such

exercise confers the ability to exercise
a right to vote or to control the
exercise of a right to vote;

(b) by an entitlement to exercise such a
right to vote;

(c) through a nominee; or
(d) through or by means of a trust,

agreement or arrangement,
understanding or practice, whether or
not the trust, agreement or
arrangement, understanding or

Ch. 307.

Ch. 306.

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practice has legal or equitable force or
is based on legal or equitable rights;

“voting controller” shall be any person who
exercises voting control; and

“wireless telegraphy” means the emission or
receipt of signals over a path of
electromagnetic energy of a frequency not
exceeding 3000 gigahertz and that path —
(a) serves for the conveyance of

messages, sound or visual images
(whether or not the messages, sound
or images are actually received by
anyone), or for operating or
controlling machinery or apparatus; or

(b) is used in connection with determining
position, bearing or distance, or for
gaining information as to the presence,
absence. position or motion of an
object or of a class of objects.

3. This Act binds the Crown.

PART II - ELECTRONIC COMMUNICATIONS
POLICY

4. It is hereby affirmed that electronic
communications perform an essential role in promoting the
economic and social welfare of The Bahamas and that,
subject to Part XIX, the electronic communications policy
has as its main objectives —

(a) to further the interests of consumers by promoting
competition and in particular —
(i) to enhance the efficiency of the Bahamian

electronic communications sector and the
productivity of the Bahamian economy;

(ii) to promote investment and innovation in
electronic communications networks and
services;

(iii) to encourage, promote and enforce
sustainable competition; and

(iv) to promote the optimal use of state assets,
including radio spectrum; and

Application of
the Act.

Objectives.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

(b) to further the interests of persons in The Bahamas
in relation to the electronic communications
sector by —
(i) promoting affordable access to high quality

networks and carriage services in all regions
of The Bahamas;

(ii) maintaining public safety and security;
(iii) contributing to the protection of personal

privacy;
(iv) limiting public nuisance through electronic

communications;
(v) limiting any adverse impact of networks and

carriage services on the environment; and
(vi) promoting availability of a wide range of

content services which are of high quality.

5. All policy measures, decisions and laws to take
effect in the electronic communications sector in The
Bahamas shall be made with a view to implementing the
electronic communications policy objectives and shall
comply with the following guidelines —

(a) market forces shall be relied upon as much as
possible as the means of achieving the electronic
communications policy objectives;

(b) regulatory and other measures shall be
introduced —
(i) where in the view of URCA market forces

are unlikely to achieve the electronic
communications policy objective within a
reasonable time frame; and

(ii) having due regard to the costs and
implications of those regulatory and other
measures on affected parties;

(c) regulatory and other measures shall be efficient
and proportionate to their purpose and introduced
in a manner that is transparent, fair and non-
discriminatory; and

(d) regulatory and other measures that introduce or
amend a significant government policy or
regulatory measure (including, but not limited to,
the sector policy) —

Guidelines for
regulation and
Government
measures.

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(i) shall specify the electronic communications
policy objective that is advanced by the
policy or measure; and

(ii) shall demonstrate compliance with the
guidelines set out in paragraphs (a), (b)
and (c).

6. (1) The Minister shall publish a sector policy in
the Gazette setting out the strategic aims of the
Government for meeting the electronic communications
policy objectives, including, but not limited to —

(a) the priorities for liberalisation and sector
regulation;

(b) the way in which the Government sees its role in
the electronic communications sector;

(c) plans for the efficient use and management of
state assets; and

(d) aspects of social policy, including the scope of
universal service and public service broadcasting.

(2) The sector policy shall have effect from the date
that it is published in accordance with subsection (1).

(3) Within three years of each publication of a sector
policy under subsection (1) or section 112, URCA shall
formulate and present a revised draft sector policy to the
Minister.

(4) Based on the revised draft sector policy, the
Minister shall publish a new sector policy under subsection
(1) within three months or such longer time as URCA and
the Minister may agree from time to time.

(5) If the Minister fails to start a consultation with
URCA within the time period specified in subsection (4),
URCA shall publish the revised sector policy on its website
and such sector policy shall have effect from the date that it
is published.

PART III - MANAGEMENT OF ELECTRONIC
COMMUNICATIONS

7. For the purposes of carrying out the electronic
communications policy objectives, URCA has the
following functions —

Sector policy.

Functions of
URCA.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

(a) to regulate the electronic communications sector
by exercising the powers given to it under this
Act, and in particular to issue licences and
exemption determinations in accordance with Part
IV and to manage state assets;

(b) to apply the competition law rules in the
electronic communications sector under the terms
of Part XI;

(c) to represent the Government in regional and
international organisations and obligations, when
the Minister has officially delegated such tasks to
it;

(d) to charge licensees a fee under the terms of
section 92;

(e) to act on behalf of the Government in the billing
and collection of the communications licence fee
under section 91 and spectrum fees under section
93(3); and

(f) to perform any other functions assigned to it by
this Act or any other law.

8. (1) For the purposes of carrying into effect the
electronic communications policy objectives, URCA shall
have the power to issue any regulatory and other measures
and in particular shall —

(a) make determinations in accordance with the
terms of sections 99 to 102 ;

(b) make adjudications in accordance with the terms
of sections 103 to 106 ;

(c) impose conditions and penalties by order as
specified in sections 95 to 98;

(d) issue regulations;
(e) issue directions, decisions, statements,

instructions and notifications;
(f) publish and maintain registers or lists;
(g) issue technical rules and standards;
(h) for the purposes of enforcing compliance with

this Act, institute prosecutions in accordance with
the terms of this Act or any other law;

General powers
of URCA.

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(i) issue, suspend, vary or revoke licences, permits
and exemptions under Part IV;

(j) conduct inquiries, investigations and oral
hearings;

(k) require any licensee or licensees to furnish such
information and submit such returns in relation to
its operations at such intervals as it may require;

(1) conduct market investigations and market reviews
and publish regular information and reports; and

(m) exercise any other powers assigned to it by this
Act or any other law.

(2) If URCA so decides by determination, it may
replace the system of licences and exemptions by the
introduction of a system of general and special conditions
of entitlement, under such conditions and on such terms as
it may determine.

(3) General conditions of entitlement introduced
under subsection (2) include —

(a) conditions protecting the interests of consumers
of carriage services that are made available to the
public;

(b) conditions for securing service interoperability
and for securing, or otherwise related to, network
access;

(c) conditions for securing the proper and effective
functioning of networks that are made available
to the public;

(d) conditions for giving effect to determinations or
regulations or other enactments issued by it;

(e) conditions relating to the use of networks and
carriage services in the event of a disaster;

(f) conditions securing the protection of public
health by the prevention or avoidance of the
exposure of individuals to electromagnetic fields
created in connection with the operation of a
network; and

(g) conditions requiring compliance with relevant
international standards.

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(4) The power for URCA to introduce general
conditions of entitlement under subsection (2) does not
include a power —

(a) to set conditions that are made applicable
according to the identity of the provider of the
network or carriage service; or

(b) to set conditions that differ according to the
identity of the provider of the network or carriage
service to which they relate.

(5) Special conditions of entitlement introduced
under subsection (2) shall relate to —

(a) the provision of universal services and the
provision of information demonstrating
compliance with a universal service
obligation; and

(b) conditions on SMP licensees issued under
section 40.

(6) Special conditions of entitlement introduced
under subsection (2) shall apply only to those persons
specified by URCA.

(7) On and from the date URCA exercises its power
to introduce general conditions of entitlement under
subsection (2) —

(a) all references to “licensee” or any cognate term in
this Act shall be construed as references to
persons meeting the criteria specified by it to be
subject to the terms and conditions of general
entitlement; and

(b) all rights and liabilities of licensees shall continue
and shall be construed consistently with the
replacement of the system of licences and
exemptions by the introduction of a system of
general and special conditions of entitlement.

9. (1) URCA may investigate one or more of the
following —

(a) any contravention;
(b) any alleged contravention; and
(c) any circumstance where it has grounds to suspect

a contravention,

Powers of
investigation.

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of any provision of this Act and any regulatory or other
measure issued under this Act, including any licence issued
under this Act.

(2) In conducting an investigation under subsection
(1), URCA shall have the power —

(a) to request in writing that any licensee and any
undertaking subject to an investigation for a
breach of Part Xl provide the information and
documents set out in the request within an
amount of time specified by it; and

(b) to enter premises and inspect, copy and retain
documents to the extent permitted under any
search warrant obtained under section 10.

10. (1) Where information provided by URCA (or
other person) satisfies a magistrate that URCA has reason
to believe that —

(a) any person is contravening any part of this Act or
any condition of any licence issued under it; and

(b) entry to specified premises, vehicle, vessel,
aircraft, hovercraft, buoy or beacon is necessary
for the enforcement of the provisions of this Act,

the magistrate may issue a search warrant to a peace
officer,

(2) The peace officer to whom a warrant is issued
may be accompanied by an authorised representative of
URCA and may enter the specified premises, carry out
search and inspection of those premises and test and seize
any relevant apparatus, equipment or documents in
accordance with the terms of the warrant.

(3) Where under this section a person has the right to
examine and test any equipment or apparatus on any
premises or in any vehicle, vessel, aircraft, hovercraft,
buoy or beacon, it shall be the duty of any person who is
on the premises, or is in charge of, or in attendance on, the
vehicle, vessel, aircraft, hovercraft, buoy or beacon, to give
him such assistance as he may reasonably require in the
examination or testing of the equipment or apparatus.

11. (1) URCA shall follow the specific procedures set
out at section 95 and section 104 when issuing regulatory
and other measures referred to in those sections. Where no
specific procedures are specified in this Act —

Search warrants.

Duty to consult.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

(a) URCA shall allow persons with sufficient interest
a reasonable opportunity to comment on proposed
regulatory and other measures which, in its
opinion are of public significance;

(b) persons whose rights or interests may be
materially adversely affected or prejudiced by the
proposed regulatory and other measures shall
have sufficient interest for the purpose of
paragraph (a); and

(c) URCA shall give due consideration of those
comments prior to introducing those measures.

(2) Without prejudice to any regulatory and other
measures being considered of public significance, those
instruments referred to in section 13(2) shall be considered
regulatory or other measures of public significance.

(3) URCA shall, as soon as practicable after the Act
comes into force, publish its standard procedures for
seeking comments, which shall include —

(a) how consultations will be published;
(b) the minimum time for responding to

consultations, which in ordinary circumstances
shall be no less than thirty calendar days;

(c) how it will publish comments or summaries of
comments received; and

(d) guiding principles for determining when it may
derogate from the standard procedures.

12. (1) Subject to section 14, URCA shall take
proportional measures to make available to the public any
regulatory and other measures which in its opinion are of
public significance and shall —

(a) publish such regulatory and other measures on its
website as soon as practical after these are issued;
ensure that its website includes a notification
system for registered users; and take steps to
ensure that the website is regularly updated and
remains available to the public; and

(b) maintain copies of documents at its principal
office for inspection by the public on request
during normal business hours without charge.

(2) URCA shall consider whether notice of
regulatory and other measures of public significance

Duty to publish
documents.

COMMUNICATIONS [CH. 304 – 23





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

should also be given by publication in one or more
newspapers circulating in The Bahamas.

(3) Without prejudice to any regulatory and other
measures being considered of public significance, those
instruments referred to in section 13(2) shall be considered
regulatory or other measures of public significance.

13. (1) A regulatory and other measure is likely to be
of public significance if it relates to electronic
communications services or networks and can lead to one
or more of the following —

(a) involve a major change in the activities carried on
by URCA under this Act;

(b) a significant impact on persons carrying on
activities in those areas where URCA has
functions under this Act; and

(c) a significant impact on the general public in The
Bahamas.

(2) Without prejudice to any regulatory and other
measures being considered of public significance, the
following instruments shall be considered regulatory or
other measures of public significance for the purposes of
sections 11 and 12 —

(a) the sector policy; and
(b) regulations, technical rules and standards.

14. (1) Subject to subsection (2), URCA shall not be
required to publish or otherwise divulge information that in
it's view would be commercially confidential.

(2) Nothing in this Act shall limit URCA's duty to
provide information to a court.

15. (1) URCA shall, as soon as reasonably practicable
after this Act comes into force, establish one or more
alternative dispute resolution (ADR) schemes for disputes
between licensees and between licensees and consumers or
approve a scheme or schemes proposed by licensees under
subsection (4).

(2) In establishing ADR schemes, URCA shall
request and take into account proposals from licensees.

(3) ADR schemes may be comprised of —

Regulatory and
other measures
of public
significance.

Confidentiality.

Alternative
Dispute
Resolution
(ADR) scheme.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

(a) mediation. whether conducted by URCA, persons
appointed by URCA or persons appointed by the
parties to a dispute or a third party;

(b) arbitration of specific identified matters having
limited scope by an expert appointed by URCA
or the parties or a third party; or

(c) such other methods of alternative dispute
resolution as URCA may determine.

(4) URCA can approve an ADR procedure proposed
by licensees if it is —

(a) fair, transparent and non-discriminatory;
(b) administered by persons who are independent of

the licensees to whom the ADR scheme applies;
(c) administered in compliance with the electronic

communications policy objectives; and
(d) designed to ensure that individuals to be

employed under the ADR scheme as mediators,
adjudicators, arbitrators or such other roles as
may be contemplated have qualifications and
experience to carry out such functions.

(5) URCA may require those responsible for the
management and operation of an approved ADR scheme to
report to URCA regarding its functioning, and it must
withdraw its approval if the ADR scheme ceases to meet
any of the conditions in subsection (4).

(6) An ADR scheme established under subsection
(3)(b) may provide for binding decisions, including interim
and conservatory measures.

(7) Any ADR scheme established under this section
shall not prejudice any rights under any other provision of
this Act or any other law.

COMMUNICATIONS [CH. 304 – 25





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

PART IV - LICENSING OF ELECTRONIC
COMMUNICATIONS

LICENCES AND EXEMPTION DETERMINATIONS

16. (1) Subject to subsection (2), it shall be an offence
for a person to establish, maintain and operate a network or
provide a carriage service, including by use of any radio
spectrum.

(2) A person shall not commit an offence under
subsection (1) if —

(a) that network is established, maintained and
operated or that carriage service is provided in
accordance with conditions specified pursuant to
subsection (3);

(b) that person is acting under the authority of and in
accordance with a licence granted under this Part;
or

(c) that person is a member of a class in respect of
which an exemption determination has been made
under this Part.

(3) A person shall not commit an offence under
subsection (1) if that network is established, maintained or
operated. or that carriage service is provided, under and in
accordance with general or special conditions of
entitlement, as determined by URCA under section 8(2).

17. (1) Subject to any requirement to obtain a licence
or authorisation in relation to radio spectrum under section
35, persons shall be exempt for the purposes of section
16(2)(c) to the extent that their —

(a) networks or carriage services are established,
maintained and operated exclusively by or
provided to —
(i) the Royal Bahamas Police Force;
(ii) the Royal Bahamas Defence Force;
(iii) the providers of fire brigade, ambulance,

coast guard and other emergency services; or
(iv) military services duly authorised to operate

in The Bahamas,

in the course of carrying out their duties;

Requirement of a
licence or
exemption
determination or
general or special
conditions of
entitlement.

Exemptions.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

(b) networks' facilities are situated either —
(i) on land in The Bahamas occupied by the

person who has established or maintained or
operated that network; or

(ii) in a vehicle, vessel, aircraft or hovercraft or
in two or more vehicles, vessels, aircraft or
hovercraft mechanically coupled together,

and which are not established for, maintained by,
operated for or provided to any third party for
commercial gain, including for that third party's
commercial gain;

(c) facilities to receive sounds or visual images
transmitted, by wireless telegraphy, from a
transmitting station for general reception direct
from that station or through the medium of a relay
service licensed under this Act; or

(d) networks or carriage services are used on a
foreign vessel or aircraft or any transit service
passing through The Bahamas' territorial waters,
skies or territories or landing in its seaports or
airports, provided that the vessel or aircraft or
transit service does not make a broadcast whilst
passing through The Bahamas' territorial waters,
skies or territories or landing in its seaports or
airports.

(2) For the purposes of section 16(2)(a) persons shall
not and cannot be exempt to the extent that they provide
networks or carriage services that —

(a) cannot be established, maintained and operated
without land access pursuant to Part XIV; or

(b) require access to or the use of state assets.

(3) Persons using radio spectrum may only be
exempt from the licensing requirements in this Part
provided that —

(a) associated equipment does not or is unlikely to
cause significant interference to networks or
carriage services operated or provided by a
licensee;

(b) the risk of harm or inconvenience to other users is
outweighed by the benefits to the public from
permitting usage on an unlicensed basis; and

COMMUNICATIONS [CH. 304 – 27





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(c) URCA is satisfied that such exemption would be
compatible with relevant international
recommendations and standards.

(4) Any exemption determination made by URCA
shall be published, and unless revoked in accordance with
any term contained in the exemption or in accordance with
this Act or any other law, shall continue in force for such
period as may be specified in or determined by or under the
exemption.

18. (1) An exemption determination exempts a person
or class of persons from the requirement of a licence under
section 16(1) only in relation to the provision of such
network or carriage service or the right to use radio
spectrum as may be specified in the exemption
determination and subject to the conditions of that
exemption determination, if any.

(2) Regardless of their form or content, licences and
exemption determinations shall be and have effect as
unilateral administrative actions of URCA pursuant to its
powers under this Act and not bilateral agreements or
contracts.

(3) Subject to the terms of this Act, URCA may issue
licences or exemption determinations under this section
notwithstanding any law, agreement, contract,
arrangement, licence or other provision in existence on the
date on which this Act comes into force, including any
prior licence.

19. (1) URCA may issue either of two types of
licences —

(a) individual licences; and
(b) class licences.

(2) An individual licence —
(a) shall be issued to the named licensee; and
(b) shall come into force pursuant to an application

process conducted in accordance with section 26.

(3) A class licence —
(a) shall be issued by means of a determination

setting forth the terms and conditions of the
licence and any applicable qualification criteria;

Licences and
exemption
determinations
generally.

Individual and
class licences.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

(b) shall be generally available to any qualifying
person; and

(c) comes into force with respect to any person
upon —
(i) effective registration in accordance with

section 23; or
(ii) satisfaction of such other conditions as

specified in the class licence.

(4) URCA shall only grant an individual licence as
opposed to promulgating a class licence or issuing an
exemption determination if this is necessary to specify
particular terms relevant to a particular licensee or if it
considers that other reasons necessary or expedient to
further the electronic communications policy objectives or
make the grant or an individual licence necessary.

20. (1) URCA shall publish the conditions of a
standard network and carriage services individual licence
(the “individual operating licence”) to comprise
substantially the same conditions for all licensees, subject
to the provisions of Part VI and Part VII.

(2) URCA may make such modifications, variations
or restrictions to any of the standard individual operating
licence conditions as it requires for reasons justified by
reference to the electronic communications policy
objectives.

(3) URCA may grant a licence for the use of radio
spectrum subject to such conditions as it considers
appropriate under the electronic communications policy
objectives.

(4) Conditions of licences that relate to the same or
similar networks or carriage services shall not unfairly
discriminate between licensees.

21. (1) The licensee under an individual operating
licence shall comprise the named licensee and any
subsidiary undertaking of the named licensee listed in the
application for a licence or notified to URCA from time to
time.

(2) For the purposes of subsection (1), a notification
shall be in writing and shall identify the relevant subsidiary
undertaking or subsidiary undertakings. Such notification
shall have effect fourteen calendar days after it is received
by URCA.

Power to grant
individual
licences with
conditions.

Individual
operating
licences and
subsidiary
undertakings.

COMMUNICATIONS [CH. 304 – 29





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(3) URCA shall be entitled to refuse to grant an
individual operating licence on the grounds that a company
of which the applicant is a subsidiary undertaking has an
individual operating licence or is a company that requires
or has applied for an individual operating licence.

(4) A subsidiary undertaking of a named licensee
shall cease to be notified for the purposes of
subsection (1) —

(a) fourteen calendar days after URCA receives
notice in writing from the named licensee or the
relevant subsidiary undertaking excluding the
subsidiary undertaking from the individual
operating licence; or

(b) immediately subsequent to an order excluding the
subsidiary undertaking from the individual
operating licence.

22. URCA may establish one or more class licences
not requiring registration. Any person meeting the
specified qualification criteria can provide the specified
network or carriage service or use the specified radio
spectrum in accordance with the published conditions in
the class licence.

23. (1) In the event that URCA establishes one or
more class licences requiring registration, it must publish a
standard registration form for class licences issued under
section 19(3)(c)(i).

(2) URCA shall publish guidelines for registration
and deregistration of class licensees.

(3) Any person meeting the specified qualification
criteria published by URCA for a class licence requiring
registration may register and remain registered for that
class licence by filing with URCA the appropriate
complete, correct and signed registration form and paying
any application or other fees if so prescribed by URCA.

(4) URCA must provide written notice of non-
effective registration to a person filing a registration form
under subsection (3) if —

(a) the person fails to qualify with any criteria
applicable to, and so is ineligible for, the relevant
class licence;

(b) the registration form is incomplete, incorrect or
unsigned; or

Class licences
not requiring
registration.

Class Licences
requiring
registration.

[CH. 304 – 30 COMMUNICATIONS





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(c) the fee prescribed has not been paid.

(5) Unless URCA provides the notice under
subsection (4), registration shall take effect forty-five
calendar days after filing —

(a) the complete, correct and signed registration
form; or

(b) a completed. corrected or signed registration form
filed in response to a notice under subsection (4).

(6) URCA may not restrict the number of persons
that may register under a class licence.

24. (1) Nothing in this Part shall be construed to allow
a licensee to provide a network or carriage service or to use
radio spectrum in breach of any applicable provision of any
law, any regulatory or other measure or to grant it rights
not granted in the licence.

(2) An exemption from licensing requirements shall
not affect the requirement for persons providing a network
or carriage service or using radio spectrum to comply with
all other applicable provisions of this Act, and any
regulatory or other measure made or issued under this Act.

PROCEDURE

25. Subject to sections 23 and 26, URCA may make
regulations with respect to one or more of the following —

(a) procedures for and information required in
applications for individual licences and
registrations for class licences;

(b) specific factors to be taken into account for
evaluating whether an applicant is a fit and proper
person for the purposes of section 27(3)(c); and

(c) indicative time periods for the grant of individual
licences or registration for class licences.

26. (1) Persons wishing to apply for an individual
licence or licences must submit an application in the form
and manner and with the information specified by URCA.
URCA may specify that a fee is payable on application.

(2) Where reasonably practicable, URCA must treat a
person seeking an individual licence to provide a network
or carriage service and the right to use radio spectrum for
such network or carriage service under a single or

Other
requirements not
affected.

Procedural
regulations.

Individual
licence
applications and
renewals.

COMMUNICATIONS [CH. 304 – 31





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

coordinated application or registration process or other
arrangement which minimises the administrative burdens
and uncertainties for such persons of dual application or
registration processes.

(3) Persons wishing to apply for an individual licence
must —

(a) be legal entities duly incorporated in The
Bahamas;

(b) conduct the administration and management of
the business from premises in The Bahamas;

(c) be a fit and proper person to establish, maintain
and operate a network or carriage service or use
radio spectrum;

(d) demonstrate to the satisfaction of URCA that they
have sufficient intention, financial strength and
resources to meet their obligations under this Act
and to provide networks or carriage services in an
effective manner and consistent with the
electronic communications policy objectives; and

(e) meet any other requirements (including but not
limited to the provision of information and data)
that URCA may require.

(4) URCA shall review all applications for individual
licences and within thirty calendar days of receipt of any
application —

(a) approve the application and grant a licence or
licences;

(b) reject the application specifying the reasons for
the rejection; or

(c) request further information necessary or desirable
to evaluate the application. In this case URCA
shall have a further thirty calendar days from the
date of receipt of that information to evaluate the
licence application under this subsection (4).

(5) If the Minister. exercising powers under section
30, or URCA, exercising powers under section 29, intends
to restrict the number of individual licences to be granted
for the right to use the same or similar radio spectrum, then
the Minister or URCA, as appropriate, shall select such
licensees for those individual licences pursuant to a
competitive selection process.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

(6) A competitive selection process under subsection
(5) shall provide for selection by the Minister or URCA, as
appropriate, based upon objective criteria, including —

(a) applicants' financial bids, whether submitted with
applications or made in an auction;

(b) relevant experience, capability or other
qualifications of applicants;

(c) commitments of applicants with respect to the
type, quality and geographical coverage of the
relevant services or other factors; or

(d) any combination of the foregoing.

(7) Individual licences shall be for a term of not less
than five years, except for licences allocating radio
spectrum which is intended for temporary use or for testing
or trialling new technology.

(8) URCA shall, on application of a licensee under an
individual operating licence made no later than one (1)
year prior to the end of the term of the licence, renew an
individual operating licence unless the licensee has
repeatedly contravened, or failed to cure a material
contravention of this Act or any other regulatory measure,
including the conditions of the individual operating
licence.

(9) Nothing in subsection (8) shall restrict URCA
from amending the terms of an individual licence that is to
be renewed in order to conform such licence to
determinations, adjudications, orders or regulations then in
force.

27. (1) URCA may by determination, on its own
motion or on the written application of the relevant
licensee, modify, vary, restrict the conditions of, or revoke,
any licence granted to a licensee if —

(a) it is necessary to comply with or conform to
international treaties, commitments or standards
or the laws of The Bahamas;

(b) it is necessary to further the electronic
communications policy objectives and there is
justification for the causing of any hardship that
may result to that licensee;

(c) the licensee has repeatedly contravened, or failed
to cure a material contravention of this Act or any

Amendment and
revocation of
licences.

COMMUNICATIONS [CH. 304 – 33





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

other regulatory measure, including any condition
of its licence;

(d) the licensee made a statement or omitted to make
a statement resulting in a material
misrepresentation in its licence application or
registration;

(e) the licensee has entered into receivership or
liquidation, takes any action for its voluntary
winding-up or dissolution, or is the subject of any
order by a competent court or tribunal for its
compulsory winding-up or dissolution;

(f) the licensee is not providing the network or
carriage service authorised by and specified in its
licence and URCA is satisfied that the licensee
does not have the intention or the financial
strength and resources to provide such network or
carriage service;

(g) it is in accordance with the procedure specified in
section 95; or

(h) it is in accordance with the terms of the licence.

(2) Subject to any determination being suspended
pursuant to section 102(2), any determination made by
URCA to modify, vary, restrict or revoke a licence shall
take effect on the date specified which shall not be less
than thirty calendar days after the date of written notice
given to a licensee affected by that determination, and such
licensee may before the date specified in the notice given
appeal to the Tribunal against such modification, variation,
restriction or revocation.

(3) URCA may provide that modifications,
variations, restrictions or revocations of class licences
apply only to specified licensees or to all licensees under
the class licence.

(4) In modifying, varying, restricting or revoking any
licence, URCA must take into account continuity of service
to users.

28. URCA shall keep a register in electronic or paper
form of all individual licensees, including named licensees
and relevant subsidiary undertakings and all registered
class licensees. The register shall be published under the
procedure set out in section 12.

Maintenance of
public register.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

PART V - RADIO SPECTRUM MANAGEMENT

29. Subject to section 30, URCA has the exclusive
right to manage, allocate and assign all frequencies in the
radio spectrum in The Bahamas.

30. (1) The Minister shall be responsible for deciding
the method of allocating frequencies in the premium
spectrum band of the spectrum plan.

(2) The Minister shall set spectrum fees in
accordance with section 93(1) or shall prescribe the
method by which such fees are set.

31. (1) URCA shall publish the spectrum plan
approved in accordance with subsection (5) or
subsection (6).

(2) The spectrum plan shall be consistent with any
applicable international treaties, commitments or standards
including without limitation those of the International
Telecommunications Union and shall take into account
relevant international recommendations.

(3) The spectrum plan shall specify those frequency
bands that are premium spectrum bands for the purposes of
section 30.

(4) Within three years of each publication of a
spectrum plan under subsection (1), URCA shall formulate,
in consultation with the Minister, and submit a revised
spectrum plan to the Minister.

(5) The Minister may approve or amend the proposed
spectrum plan within forty-five calendar days of
submission by URCA.

(6) If the Minister does not approve or amend the
spectrum plan within the time period specified in
subsection (5), URCA will publish the spectrum plan for
the purposes of subsection (1).

32. (1) In performing functions and duties and
exercising powers under this Part, the Minister and URCA
must ensure that radio spectrum is managed and used in a
manner that —

(a) is open, objective, transparent and non-
discriminatory;

(b) is economically efficient and facilitates the
evolution of new technologies and electronics

Management of
the radio
spectrum.

Minister's
responsibilities.

Spectrum plan.

Objectives of
radio spectrum
management.

COMMUNICATIONS [CH. 304 – 35





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

communications services whilst taking into
account in particular investment in existing
equipment configured for specific radio spectrum
and the cost of migration to other radio
spectrum; and

(c) meets the needs of government departments and
agencies referred to in section 34(1).

(2) URCA may rely on voluntary, industry standards
in lieu of regulations.

(3) URCA shall take enforcement action promptly to
ensure effective protection of licensed radio spectrum
bands from interference and where necessary the
management and use of the radio spectrum.

33. A person commits an offence if he or she uses any
communications equipment for the purpose of interfering
with wireless telegraphy.

34. URCA —
(1) may establish a liaison committee to address

allocation and assignment of radio spectrum for use by
government departments and agencies. The following
bodies are to be duly represented —

(a) the Royal Bahamas Police Force;
(b) the Royal Bahamas Defence Force;
(c) fire brigade, ambulance, coast guard and other

emergency services;
(d) The Bahamas Maritime Authority; and
(e) the Civil Aviation Department.

(2) shall conduct public inquiries and consult with
electronic communications service providers and network
operators in The Bahamas about the use and management
of radio spectrum; and

(3) shall coordinate the use of radio spectrum with
other countries and international users and organisations.

35. (1) URCA may by determination establish one or
more of the following —

(a) exemptions from a requirement to be licensed;
(b) class licences; and

Deliberate
interference.

Consultation on
radio spectrum
matters.

Radio spectrum
planning,
allocation and
assignment.

[CH. 304 – 36 COMMUNICATIONS





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(c) requirements for radio spectrum individual
licences.

(2) URCA can establish —
(a) requirements for authorisation of use of radio

equipment, including technical requirements and
standards in relation to radio interference; and

(b) procedures, conditions and restrictions applicable
to the use of radio spectrum and radio equipment.

36. (1) URCA may by determination, made on
application or on its own motion, without compensation,
declare vacant any radio spectrum that has been assigned to
a person, and may assign such spectrum to a different
person on any of the grounds in subsection (2).

(2) The grounds referred to in subsection (1) are —
(a) the relevant radio spectrum is not in significant

use and there is demonstrable demand from other
persons for making efficient use of all or part of
such radio spectrum;

(b) such vacation or reassignment is necessary or
appropriate to comply with or conform to
international treaties, commitments, or standards
or the laws of the Bahamas;

(c) the person previously assigned the relevant radio
spectrum agrees to vacate it;

(d) the person previously assigned the relevant radio
spectrum has contravened a determination,
adjudication or order relating to the management
or operation of radio spectrum;

(e) the person previously assigned the relevant radio
spectrum made a statement or omitted to make a
statement resulting in a material
misrepresentation in relation to the assignment to
it of the radio spectrum; and

(f) the person previously assigned the relevant radio
spectrum has entered into receivership or
liquidation, takes any action for its voluntary
winding-up or dissolution, or is the subject of any
order by a competent court or tribunal for its
compulsory winding-up or dissolution.

37. (1) URCA may by determination, made on
application or on its own motion, require a person to vacate

Vacation of radio
spectrum without
compensation.

Vacation of radio
spectrum with
compensation.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

radio spectrum previously assigned to it, and shall assign
or make available for assignment such radio spectrum to a
different person on grounds other than those in section
36(2) if —

(a) necessary or expedient to further the electronic
communications policy objectives; and

(b) there is justification for the causing of any
hardship that may result to any licensee.

(2) A determination made under subsection (1), may
be conditional on payment by the new persons assigned the
relevant radio spectrum of compensation (the valuable
consideration of which may take the form of cash or some
other form and may be payable by way of lump sum or by
instalments) to the person required to vacate radio
spectrum under subsection (1).

(3) Subject to any determination being suspended
pursuant to section 102(2) any determination made to
vacate radio spectrum shall take effect on the date specified
by URCA which shall not be less than thirty calendar days
after the date of written notice given by URCA to a
licensee affected by that determination and such licensee
may before the date specified in the notice given by URCA
appeal to the Tribunal against such determination.

(4) URCA must provide written notice to a person
previously assigned radio spectrum that it intends to vacate
the relevant radio spectrum pursuant to subsection (1) and
such person may within thirty calendar days appeal to the
Tribunal for the determination of his interest or right, the
legality of the vacation of the spectrum and the
reasonableness of the time given to vacate the spectrum,
the amount of any compensation and the period of time
within which it shall be paid.

38. (1) Subject to subsection (2), a licensee shall not
be permitted to assign the use of radio spectrum to a third
party.

(2) URCA may publish rules and regulations relating
to the transfer of radio spectrum rights by a licensee on a
permanent or temporary basis to a third party.

Spectrum
trading.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

PART VI - SMP LICENSEES

39. (1) URCA may at any time determine that a
licensee is an SMP licensee if the licensee, individually or
with others, enjoys a position of economic strength which
enables it to hinder the maintenance of effective
competition on the relevant market by allowing it to
behave to an appreciable extent independently of its
competitors, consumers and subscribers.

(2) URCA shall establish and publish criteria —
(a) relating to the definition of markets in the

electronic communications sector; and
(b) against which market power may be assessed,

for the purpose of making a determination under
subsection (1).

(3) URCA's criteria referred to in subsection (2) shall
include references to —

(a) the licensee's market share;
(b) the licensee's ability to influence market

conditions;
(c) the licensee's access to financial resources;
(d) the licensee's experience in providing products to

the market; and
(e) any other criteria considered relevant by URCA.

40. (1) Notwithstanding the special responsibility of
every dominant licensee under section 69, URCA may
impose specific conditions on licensees determined to have
SMP in the relevant market or relevant markets, including
obligations relating to —

(a) cost recovery and price controls, including
obligations for cost orientation of prices and
obligations concerning cost accounting systems;

(b) the publication of a reference offer or offers
ensuring equivalence of access and/or
interconnection to any of those services and/or
facilities in which the licensee has SMP at tariffs
based on the licensee's costs;

(c) the submission of regulatory accounts or financial
statements separating out the key business
activities of the licensee;

Regulator's
power to
determine that
licensees have
SMP.

Conditions on
SMP licensees.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(d) retail price regulations;
(e) sharing of infrastructure, facilities and systems

used for the provision of electronic
communications services;

(f) technical compatibility of and access to
conditional access systems used in the provision
of content;

(g) offering services to the businesses which
comprise the licensees and their parent companies
on a non-discriminatory, commercial basis;

(h) provision of standard terms of business, which
should be published and accessible to customers;

(i) provision of service level guarantees with
associated compensation payment to retail
customers; and

(j) such other obligations as URCA may consider
necessary in pursuance of the electronic
communications policy objectives and the sector
policy.

(2) Without prejudice to section 116(2), prior to
imposing any obligations under subsection 40(1), URCA
shall —

(a) review the market or markets in which the
licensee has SMP; and

(b) consider the regulatory burden and the benefits to
consumers of imposing any such obligation on a
licensee.

(3) Prior to imposing any obligations under
subsection 40(1) URCA —

(a) shall ensure that any cost recovery mechanism or
pricing methodology that is mandated serves to
promote efficiency and sustainable competition
and maximise consumer benefits;

(b) shall take into account the investment made by
the relevant licensee and allow the licensee a
reasonable rate of return on capital efficiently
employed, taking into account the risks involved;

(c) shall ensure that, where implementation of a cost
accounting system is mandated in order to
support price controls, a determination of the cost

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

accounting system is made publicly available,
showing at least the main categories under which
costs are grouped and the rules used for the
allocation of costs; and

(d) may also take account of prices available in
comparable markets.

(4) SMP licensees shall —
(a) not unduly discriminate against particular persons

or a particular description of persons in relation to
electronic communications services offered by
them. Nothing done in any manner by an SMP
licensee shall be regarded as undue
discrimination if and to the extent that the
licensee is required or expressly permitted to do
such thing in that manner under this Act or any
other enactment or any instrument issued
pursuant to this Act or any other enactment;

(b) provide technical specifications, or other relevant
information about any interconnection, essential
facilities or other mandated wholesale electronic
communications services on a reasonable and
timely basis, when the information is required by
another licensee to provide its licensable services
and when the information is not readily available
from other sources; and

(c) not adopt technical specifications for a network
that prevents interconnection or interoperability
with a network of a competitor.

(5) Where an SMP licensee is made subject to an
obligation regarding the cost orientation of its prices, the
burden of proof that charges are derived from costs
including a reasonable rate of return on capital efficiently
employed shall lie with the SMP licensee concerned. For
the purpose of calculating the cost of efficient provision of
electronic communications services, URCA may direct the
SMP licensee to employ specific cost accounting methods
or URCA may use cost accounting methods independent of
those used by the relevant licensee. URCA may require the
SMP licensee to provide full justification for its prices, and
may, where appropriate, require prices to be adjusted.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

PART VII - UNIVERSAL SERVICE

41. (1) The Minister shall specify in the sector policy
or in a notice published in the Gazette the universal
services and the universal service obligations.

(2) The Minister may at any time specify that certain
electronic communications services shall no longer
constitute the subject of a universal service obligation.

(3) In specifying any universal service obligations,
the Minister shall take into account the economical and
technical feasibility of such obligations.

42. (1) Subject to the exemptions provided in
subsection (4), licensees designated under subsection (3)
shall provide those universal services for which they are
designated providers to any person in The Bahamas who
requests such a service and meets the requirements
specified pursuant to section 41.

(2) URCA shall determine that a licensee or licensees
are required to meet all or some of the universal service
obligations.

(3) URCA shall publish its reasons for determining
that a licensee is a universal service provider.

(4) URCA may determine a licensee to be a universal
service provider under subsection (2) pursuant to a tender
for universal service funding under section 43.

(5) Designated licensees shall be relieved of any
universal service obligations in respect of any person —

(a) where the person's premises are not in a
populated area; or

(b) pursuant to any order or regulation issued by
URCA.

43. (1) A licensee subject to a universal service
obligation is entitled to apply for one or more of the
following —

(a) funding from a universal service fund; and
(b) such other means of funding, including market-

based means, as may be determined by URCA.

(2) URCA shall consider all applications and shall
determine whether the licensee is entitled to funding.

Determination of
universal service
obligations.

Determination of
universal service
provider.

Universal service
benefits.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

44. (1) URCA may establish by determination or
regulation a universal service fund or universal service
funds, into which the following monies shall be paid —

(a) any money appropriated by URCA for the
purpose;

(b) any grant, contribution or loans from any
international organisations or donors; and

(c) all money contributed by the Government for this
purpose.

(2) When establishing one or more universal service
funds, URCA shall specify whether the funds shall be
applied to all universal service obligations or whether only
certain universal service obligations shall be included or
excluded from the funds under which the designated
universal service providers may apply for funding.

(3) Subject to subsection (2), the universal service
funds shall be administered by URCA and may only be
applied to the installation and maintenance of networks and
the provision of universal services in an area where the
gross avoidable cost of providing the universal services
exceeds the revenue derived from those services.

(4) URCA may levy charges on licensees or content
providers to contribute to one or more universal service
funds.

(5) URCA may exempt any licensee or licensees or
content provider or content providers from paying the
charge set out in subsection (4) if its relevant turnover from
a similar or related sector is below a designated threshold
or if it does not operate in a similar or related sector to the
universal service to which the fund relates.

PART VIII - CONSUMER PROTECTION

45. (1) URCA shall have a duty to monitor and
enforce the consumer protection conditions in the licences.

(2) URCA may issue general regulations relating to
the protection of consumers. These regulations might
include —

(a) the standard of service, quality and safety of the
carriage services and equipment provided;

Universal service
funds.

Duty to enforce
consumer
protection
provisions.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(b) the handling of complaints made by persons who
are consumers in the market for such services and
ancillary equipment; and

(c) any other matter appearing to it to be necessary
for securing the effective protection for persons
who are consumers in the markets for carriage
services or networks.

46. Licensees shall monitor their performance against
any key performance indicators that may be set out in the
licences or any regulations issued by URCA. Pursuant to
any such request from URCA, licensees shall —

(a) publish their performance against any such key
performance indicators in the manner required by
URCA; and

(b) provide details of their performance against such
key performance indicators in the manner
required by URCA.

47. URCA may, by determination or regulation,
regulate or prohibit the use of a network or carriage service
to provide unsolicited communications in order to reduce
or eliminate annoyance, inconvenience or anxiety.

48. (1) A licensee may disclose a subscriber's name,
address and listed telephone number in a printed or
electronic telephone directory except where the subscriber
specifically requests that his or her details be excluded
from the directory.

(2) URCA may by determination or regulation
require a licensee to retain or prohibit a licensee from
retaining specified information relating to subscribers,
including information about billing, beyond a specified
period.

49. Nothing in this Act shall be interpreted to prohibit
or infringe upon the rights of public bodies under the laws
of The Bahamas to exercise such rights to access otherwise
confidential information or communications of subscribers,
customers or consumers in a lawful manner.

50. URCA may, by determination or regulation,
require a licensee to provide its subscribers with directory
assistance in accordance with such conditions as URCA
may from time to time prescribe.

Licensees' key
performance
indicators.

Unsolicited
communications.

Confidentiality
of subscriber
information.

Access by public
bodies.

Telephone
directories.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

51. (1) A licensee must operate, maintain in good
working order and repair all facilities belonging to or
provided by it and located on a subscriber's property.

(2) A licensee has the right to enter a subscriber's
premises within business hours if the licensee's facilities
are located within such premises upon the condition that —

(a) the licensee has given the subscriber reasonable
notice; and

(b) the licensee's personnel are properly identified
and qualified.

(3) A licensee who is refused access under subsection
(2) may apply for an order of any competent court to
enforce its right under that subsection.

PART IX - CONTENT REGULATION

52.URCA may by determination issue regulatory and
other measures to regulate content services intended for
reception by subscribers of carriage services or by
broadcasting in The Bahamas.

53.(1) URCA shall issue codes of practice that are to
be observed by licensees providing audiovisual media
services in The Bahamas.

(2) Codes of practice issued under subsection (1)
may include standards which might include one or more of
the following —

(a) methods of ensuring that the protection of
children from exposure to programme material
which may be harmful to them;

(b) promoting accuracy and fairness in news and
current affairs programmes;

(c) preventing the broadcasting of programmes that
simulate news or events in a way that misleads or
alarms the audience;

(d) in the case of codes of practice developed for
broadcasting —
(i) time devoted to advertising;
(ii) standards requiring advertisements to be

distinguished from programme content;

Access to
subscribers'
premises.

General powers
to regulate
content services.

Development of
codes of practice.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(iii) the kinds of sponsorship announcements that
may be broadcast; and

(iv) the kinds of sponsorship announcements that
particular kinds of programmes may carry;

(e) captioning of programmes for the hearing
impaired;

(f) teletext and ancillary services;
(g) party political broadcasts;
(h) sports and national events broadcasting;
(i) must carry regulations; and
(j) national emergency and disaster conditions.

(3) In developing codes of practice relating to matters
referred to in subsection (2) the following matters will be
taken into account —

(a) the portrayal in programmes of —
(i) physical and psychological violence;
(ii) sexual conduct and nudity;
(iii) the use of drugs, including alcohol and

tobacco; and
(iv) matter that is likely to incite or perpetuate

hatred against, or vilifies, any person or
group on the basis of ethnicity, nationality,
race, gender, sexual preference, age, religion
or physical or mental disability;

(b) the use in programmes of offensive language.

54. URCA shall as part of any code of practice issued
under section 53( 1), determine procedures to be observed
by all or some of those persons identified in section 53(1)
for —

(a) handling complaints from the public about
programme content or compliance with codes of
practice; and

(b) reporting to URCA on complaints so made.

55. (1) URCA shall have the power to allow industry
groups to develop, in consultation with URCA and taking
into account any relevant research conducted by URCA.
codes of practice that are to be applicable to the content

Complaints.

Power to
delegate.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

provision operations of each of those sections of the
industry and to monitor compliance with such codes.

(2) Codes of practice developed under this section
shall not have effect until published by URCA.

56. URCA must not determine that. before
programmes are broadcast, the programmes, or a sample of
the programmes, be approved by URCA or by a person or
body appointed by URCA.

57. URCA shall publish a register in which it includes
all codes of practice developed under sections 53 and 55.


58. URCA may issue regulations relating to the

procedures acceptable to URCA for the retention of
recordings in sound and vision of any content to which this
Part applies. These regulations may include —

(a) the time period for which such recordings must
be retained;

(b) the standard or quality of such recordings;
(c) the manner in which such recordings must be

provided to URCA;
(d) a requirement to retain the script or transcript of

any programme;
(e) an obligation to record and retain the recordings

of all programmes broadcast by a licensee.

59. A person who fails to comply with any regulatory
or other measures under this Part IX shall be liable to pay a
fine to URCA under section 109.

PART X - PUBLIC SERVICE BROADCASTING

60. (1) As soon as practically possible after this Act
comes into force, taking into account the electronic
communications policy objectives, URCA shall review the
current provisions of the Broadcasting Act and publish a
report with recommendations to the Minister about
necessary amendments to the Broadcasting Act, the role of
public service broadcasting in The Bahamas, the remit and
corporate governance rules of the Corporation and the
preferred method of funding any public service
broadcasting obligations that are recommended.

Limitation of
URCA's power.

URCA to
maintain register
of codes of
practice.

Retention of
content.

Civil penalty for
non compliance.

Public service
broadcasting.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(2) Based on the recommendations presented by
URCA under subsection (1) and after consultation with
URCA, the Minister shall specify in the sector policy or in
a notice published in the Gazette the public service
broadcasting obligations within three months of
submission by URCA of the recommendations or such
time as URCA and the Minister may agree from time to
time.

(3) If the Minister does not start a consultation with
URCA within the time period specified in subsection (2)
URCA shall publish the public service broadcasting
obligations in accordance with URCA's recommendations
submitted under subsection (1).

61. Subject to section 115, URCA may designate a
public service broadcaster —

(a) if a broadcaster assumes a public service
obligation pursuant to a tender for public service
broadcasting funding under section 63; or

(b) if so directed by the Minister.

62. (1) A public service broadcaster is entitled to
apply for one or more of the following public service
broadcasting benefits —

(a) public funding from the public service
broadcasting fund; and

(b) such other benefits as may be determined by
URCA from time to time.

(2) URCA shall consider all applications and shall
determine whether the public service broadcaster is entitled
to funding.

63. There shall be established a fund called the public
service broadcasting fund into which the following monies
shall be paid —

(a) any money appropriated by Parliament for the
purposes, including the imposition of a levy for
the purposes if appropriate; and

(b) any grant, contribution or loans from any
international organisation or donors.

64. (1) In order to obtain public service broadcasting
funding, the public service broadcaster shall comply with
the requirements imposed by URCA, including the
preparation and publication of a plan for meeting the public

Public service
broadcaster.

Public service
broadcasting
benefits.

Public service
broadcasting
fund.

Funding pre-
conditions.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

service broadcasting objectives for the forthcoming year
(the “Plan”).

(2) URCA shall set any requirements under
subsection (1) in accordance with any conditions that may
be imposed by Parliament.

(3) The Plan, published pursuant to subsection (1)
shall —

(a) include a series of key performance indicators
against which the public service broadcaster shall
measure its performance during the financial
year; and

(b) set out the required budget based upon the public
service broadcaster's target activities for the
forthcoming year.

PART XI - COMPETITION PROVISIONS

65. In this Part references to communications matters
are references to anyone or more of the following —

(a) the provision of networks;
(b) the provision of carriage services;
(c) the provision or making available of services or

facilities which are provided or made available —
(i) by means of, or in association with the

provision (by the same person or another) of
a network or carriage service; or

(ii) for the purpose of facilitating the use of any
network or carriage service (whether
provided by the same person or another); and

(d) content services, including broadcasting and
related matters.

66. So far as is possible (having regard to any relevant
differences between the provisions concerned), questions
arising under this Part in relation to competition in the
matters specified in section 65 are dealt with in a manner
which is consistent with international best practice.

Matters in
relation to which
URCA has
competition
functions.

Principles to be
applied in
determining
questions.

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ANTICOMPETITIVE AGREEMENTS

67. (1) Agreements between licensees, or between a
licensee and another undertaking, decisions by associations
(whether formal or informal) of undertakings or concerted
practices which relate to communication matters and
which —

(a) may affect trade within The Bahamas; and
(b) have as their object or effect the prevention,

restriction or distortion of competition in markets
in The Bahamas,

are prohibited unless they are exempt in accordance with
the provisions of this Part.

(2) Subsection (1) applies in particular to agreements,
decisions and practices which —

(a) directly or indirectly fix purchase or selling prices
or any other trading conditions;

(b) limit or control markets, technical development,
or investment;

(c) share markets or sources of supply;
(d) apply dissimilar conditions to equivalent

transactions with other trading parties, thereby
placing them at a competitive disadvantage; or

(e) make the conclusion of contracts subject to
acceptance by any other party of supplementary
obligations which, by their nature or according to
commercial usage, have no connection with the
subject of such contracts.

(3) Subsection (1) applies only if the agreement,
decision or practice is, or is intended to be, implemented in
The Bahamas.

(4) Any agreement, decision or practice which is
prohibited by subsection (1) is void.

(5) A provision of this Part which is expressed to
apply to, or in relation to, an agreement is to be read as
applying equally to, or in relation to, a decision by an
association (whether formal or informal) of undertakings or
a concerted practice (with any necessary modification).

Prohibition of
agreements and
practices
preventing,
restricting or
distorting
competition.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

68. (1) URCA may exempt agreements or categories
of agreements from the prohibition in section 67 if the
agreement —

(a) contributes to —
(i) improving the production or distribution of

electronic communications services; or
(ii) promoting technical or economic progress,

in The Bahamas, while allowing consumers a fair share of
the resulting benefit, and

(b) does not —
(i) impose on the undertakings concerned

restrictions which are not indispensable to
the attainment of these objectives; or

(ii) afford such undertakings the possibility of
eliminating competition in respect of a
substantial part of the products or services in
question.

(2) In any proceedings in which it is alleged that the
prohibition in section 67 is being or has been infringed, any
undertaking claiming the benefit of subsection (1) shall
bear the burden of proving that the conditions of that
subsection are satisfied.

ABUSE OF A DOMINANT POSITION

69. (1) Any conduct on the part of one or more
licensees which relates to the electronic communications
sector and which amounts to an abuse of that licensee's or
those licensees' dominant position in a market in The
Bahamas is prohibited.

(2) Conduct may, in particular, constitute such an
abuse If it consists of —

(a) directly or indirectly imposing unfair purchase or
selling prices or other unfair trading conditions;

(b) limiting markets or technical development or the
provision of services to the prejudice of
consumers;

(c) applying dissimilar conditions to equivalent
transactions with other trading parties, thereby
placing them at a competitive disadvantage;

Exempt
agreements.

Abuse of a
dominant
position.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(d) making the conclusion of contracts subject to
acceptance by the other parties of supplementary
obligations which, by their nature or according to
commercial usage, have no connection with the
subject of such contracts; or

(e) without objective justification, limiting or
impeding access to a network or a carriage
service in circumstances where access is essential
for the provision of an electronic communications
service by another operator.

MERGER CONTROL

70. (1) Without prejudice to —
(a) any other law; or
(b) any further obligations in a licence to notify

URCA of changes in control,

no change in control of a licensee can be implemented
without obtaining the prior written approval of URCA in
accordance with this Part.

(2) Failure to obtain prior written approval of URCA
shall expose the acquirer and the licensee to one or more of
the following —

(a) the consequences stated in section 109; and
(b) an order under section 95 for the acquirer to

divest or procure the divestment of the licensee or
any part of the licensee as a going concern to a
purchaser on terms of sale approved by URCA.

(3) The acquirer or the licensee must notify URCA
within seven calendar days of —

(a) concluding an agreement; or
(b) announcing a public bid,

that would result in a change of control of a licensee.
(4) The notification referred to in subsection (3) shall

be in writing and in such form and manner as may be
specified by URCA. It shall include —

(a) a description of the terms of the transaction;
(b) information about the acquirer and the licensee,

each of their shareholders and any person being
the beneficial owner or voting controller of more

URCA to
regulate changes
in control in
relation to
licensees.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

than fifteen percent of the voting shares of either
or both of the acquirer and the licensee; and

(c) financial information of the persons involved in
the transaction, including —
(i) annual revenues from the provision of

networks or carriage services or content
services identified by specific product and
geographic markets;

(ii) copies of the most recent annual and
quarterly reports and financial statements;
and

(iii) a description of the communications market
or markets in which the persons involved in
the transaction operate.

71. A “change in control” shall occur in relation to a
licensee when a person, either alone or with any affiliated
company —

(a) acquires control (including by the acquisition of
voting shares), by virtue of any powers conferred
by the memorandum or articles of association or
other instrument regulating the licensee or any
other corporation or otherwise, to ensure that
strategic decisions of the licensee are conducted
in accordance with the wishes of that person;

(b) becomes the beneficial owner or voting controller
of more than thirty percent of the voting shares in
the licensee; or

(c) becomes the beneficial owner or voting controller
of more than fifteen percent of the voting shares
but not more than thirty percent of the voting
shares in the licensee concerned unless that
person, either alone or with any affiliated
company —
(i) is not, or does not concurrently become, the

beneficial owner or voting controller of more
than five percent of the voting shares in any
other licensee; and

(ii) does not have the power (including by the
holding of voting shares), or does not
concurrently acquire control (including by
the acquisition of voting shares), by virtue of
any powers conferred by the memorandum

Change in
control.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

or articles of association or other instrument
regulating any other licensee or any other
corporation or otherwise, to ensure that the
affairs of such other licensee are conducted
in accordance with the wishes of that person.

72. URCA, on receiving a notification made under
section 70(4), shall form an opinion whether a proposed
change of control of a licensee —

(a) would have, or be likely to have, the effect of
substantially lessening competition in a market in
The Bahamas; and

(b) in the case of a change of control involving a
media public interest. whether the change of
control would have an effect, or would be likely
to have an effect contrary to the public interest.

73. (1) For the purposes of section 72(a) in
determining whether to give its consent, URCA shall take
into account in particular —

(a) the promotion of sustainable competition in the
electronic communications sector within The
Bahamas or part of The Bahamas in view of,
among other things, the structure of all the
markets concerned and the actual or potential
competition from undertakings located either
within or outside The Bahamas; and

(b) the market position of the licensee or licensees
concerned and their economic and financial
power, the alternatives available to suppliers and
users, their access to supplies or markets, any
legal or other barriers to entry, supply and
demand trends for the relevant services, the
interests of the intermediate and ultimate
consumers, and the development of technical and
economic progress provided that it is to
consumers' advantage and does not form an
obstacle to competition.

(2) To the extent that the creation of a joint venture
or arrangement involving one or more licensees has as its
object or effect the coordination of the competitive
behaviour of licensees that remain independent, the
creation of such joint venture shall be considered as though
it were a change of control under section 71. In making this
appraisal, URCA shall take into account in particular —

Questions to be
determined.

Principles to be
applied in
appraising a
change of
control.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

(a) whether two or more parent companies retain, to
a significant extent, activities in the same market
as the joint venture or in a market which is
downstream or upstream from that of the joint
venture or in a neighbouring market closely
related to this market; and

(b) whether the coordination which is the direct
consequence of the creation of the joint venture
affords the undertakings concerned the possibility
of eliminating competition in respect of a
substantial part of the products or services in
question.

74. (1) For the purposes of section 72(b) a change of
control shall be deemed to involve a media public interest
if at least one of the persons involved in the transaction is a
media enterprise.

(2) A media enterprise is an enterprise involving
either or both of —

(a) broadcasting; and
(b) publishing newspapers.

(3) In determining whether a proposed change of
control would be contrary to the public interest for the
purpose of section 72(b), URCA shall consider —

(a) the need for the accurate presentation of news and
the free expression of opinion in media;

(b) the need, in relation to every different audience in
The Bahamas, for there to be a sufficient plurality
of persons with control of the media enterprises
serving that audience;

(c) the need for the availability throughout The
Bahamas of a wide range of content services,
which (taken as a whole) are both of high quality
and calculated to appeal to a wide variety of
tastes and interests; and

(d) the need for persons carrying on media
enterprises, and for those with control of such
enterprises, to have a genuine commitment to the
attainment of the electronic communications
policy objectives.

75. (1) Where URCA, on receiving a notification
made under subsection 70(4) —

Media public
interest.

Appraisal of
change in
control.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(a) forms an opinion that the proposed change of
control would not have the adverse effects set out
in sections 72(a) or 72(b), URCA shall issue an
adjudication giving consent to the merger; or

(b) forms an opinion that the proposed change would
have the adverse effects set out in sections 72(a)
or 72(b), URCA shall by adjudication take one of
the following actions —
(i) declare the merger incompatible with section

73 and deny its consent;
(ii) give consent subject to an order that the

acquirer or the licensee concerned lakes the
action that URCA considers necessary to
eliminate or avoid any such effect; or

(iii) give consent without issuing an order under
subsection (ii) if URCA is satisfied that any
substantiated and likely efficiencies put
forward by the acquirer or the licensee are
necessary and outweigh any potential harm
to consumers and citizens.

(2) URCA shall, before forming any opinion or
issuing any adjudication under subsection (1) —

(a) give the acquirer the licensee and any interested
persons a reasonable opportunity to make
representations; and

(b) consider the representations, if any, made under
subsection (1)(a).

(3) URCA shall, by notice in writing, inform the
acquirer and the licensee of —

(a) the adjudication made under subsection (1); and
(b) where an adjudication is made under subsection

(1)(b)(ii), the action that URCA orders the
acquirer or the licensee to take.

76. URCA may by regulation require the payment of a
fee in connection with the exercise of URCA's functions —

(a) in making an adjudication and, if applicable, an
order under section 75(1); and

(b) in relation to the processing of an application
made under section 70.

Fees in respect of
merger
applications.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

77. (1) In order to carry out the duties assigned to it
under this Act, URCA may by simple request require the
acquirer and the licensee to provide all necessary
information.

(2) When sending a request for information, URCA
shall state the legal basis and the purpose of the request,
specify what information is required, fix the time limit
within which information is to be provided and state that a
person that fails 10 provide timely information or
supplying incorrect or misleading information shall be
liable to pay a line under section 110.

78. (1) URCA shall promptly review a notification
under section 70(3) and shall within thirty calendar days of
receiving a complete notification either —

(a) issue its adjudication under subsection 75(1)(a) or
subsection 75(1) (b)(ii) or subsection
75(1)(b)(iii); or

(b) inform the acquirer and relevant licensee or
licensees that it is opening an in-depth
investigation under subsection (2).

(2) URCA may open all in-depth investigation where
it considers that there is a significant prospect that the
change of control is likely to have the adverse effects set
out in sections 72(a) or 72(b) and the parties have not
volunteered any proposals to eliminate URCA's concerns.

(3) Within ninety calendar days of opening an in-
depth investigation under subsection (2) URCA shall issue
its adjudication under subsections 75(1)(a), subsection
75(1)(b)(ii) or subsection 75(1)(b)(iii).

(4) The timetable in this section shall be paused if
URCA requests further information from the acquirer or
relevant licensee under section 77(1) and complete
response is not provided to URCA within the time limit
specified under section 77(2). From the date when URCA
receives a complete response to its request, the timetable
shall re-start from the place that it was paused.

PART XII - TELECOMMUNICATIONS
NUMBERING AND NAMING SYSTEM

79. (1) URCA shall publish a numbering plan for
carriage services and may make rules pursuant to that plan

Power to request
information.

Timetable for
appraisal of
changes in
control.

Numbering plan.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

for the allocation of numbers to licensees and the use and
assignment of those numbers to licensees.

(2) In preparing the numbering plan referred to in
subsection (1), URCA shall —

(a) comply with any applicable international
numbering standards, including the North
American Numbering Plan administration
practices for so long as The Bahamas is a member
of the North American Numbering Plan;

(b) ensure that there are sufficient numbers for
anticipated usage;

(c) promote the efficient IISC of numbering, taking
into account if technically feasible the need to
ensure that number allocation is made on a non-
discriminatory basis geographically amongst
different islands in The Bahamas and within the
islands; and

(d) ensure that any numbering plan takes account of
number portability to the extent it is implemented
under section 80.

(3) Any rules on the allocation of numbers under the
numbering plan referred to in subsection (1) shall apply on
a non-discriminatory basis.

(4) For the avoidance of doubt, URCA may prescribe
such objectively justifiable rules restricting the allocation
of numbers to certain licensees or types of licensees.

80. (1) URCA shall issue a consultation and make a
determination on number portability.

(2) Licensees shall provide, to the extent technically
feasible, operator to operator number portability when
required to do so in accordance with the requirements
prescribed by URCA so that subscribers who have been
allocated a telephone number or telephone numbers may
retain that number or those numbers when switching to the
carriage services of an alternative licensee, provided
that —

(a) the subscriber does not request that the carriage
service is cancelled or suspended between
switching suppliers; and

(b) using the telephone number for the carriage
service provided by the new carriage service

Number
portability.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

provider would not violate the numbering
allocation provisions of the numbering plan.

81. If so required by URCA, licensees must provide
three digit numbers for emergency purposes.

82. Subject to section 118 URCA shall have exclusive
power to manage, allocate and assign all domain names.

PART XIII- TECHNICAL MATTERS

83. (1) URCA may by determination or regulation
establish —

(a) technical rules and standards applicable to
facilities to ensure against damage to networks or
carriage services or to public health, safety or the
environment; and

(b) conditions and approval processes necessary for
the manufacture within or import into The
Bahamas or facilities.

(2) No person may use or supply any facilities that do
not comply with any technical rules, standards, conditions
and approval processes established pursuant to
subsection (1).

(3) URCA may recognise and apply technical rules,
standards, conditions and approval processes of other
countries.

(4) URCA may by determination or regulation
specify the procedures for testing electronic
communications systems, electronic equipment, customer
premises equipment or radiocommunications apparatus to
verify that such equipment complies with relevant
technical standards.

PART XIV - LAND ACCESS

84. (1) For the purpose of constructing or installing
and operating any facilities, the named licensee under an
individual licence issued under Part IV of this Act (the
“relevant licensee”), or any person authorised by it in that
behalf, may, at all reasonable times, subject to the prior
written approval of the Minister and the Minister
responsible for public land and in accordance with

National
emergency
numbers.
Management of
Bahamas domain
names.

Technical
equipment.

Power to enter on
public land for
purposes of
constructing or
installing and
operating
electronic
communications
apparatus.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

regulations made under this section by the Minister to
govern access to public land —

(a) enter upon any public land;
(b) erect and thereafter retain and operate on, under

or over such public land such facilities as may be
necessary or proper for the purpose of the named
licensee's network; and

(c) carry out all necessary works in connection with
such construction or installation, and may, in the
course of those works, fell or lop trees, remove
vegetation and do all things necessary to such
purposes.

(2) When any such work interferes with
improvements, buildings, growing trees or crops, the
named licensee must pay compensation for disturbance or
damage.

(3) Where the land is occupied under a lease or
licence for temporary occupation, such compensation shall
be paid by the named licensee to the occupier under such
lease or licence.

85. Part I of Schedule 2 (which provides for the
obtaining of a licence or consent to access land for the
purposes of a network where such licence or consent
cannot he obtained by agreement on reasonable
commercial terms) shall have effect.


86. (1) Part 2 of Schedule 2, which provides rights of

entry to land for specified purposes, shall have effect.
(2) Part 3 of Schedule 2, which provides for payment

of compensation under this Part shall have effect.
87. Any notice required to be served on any person for

the purposes of this Part of this Act may be served
personally or by registered post. In any case in which the
identity or the whereabouts of the owner or occupier of or
any person interested in land is unknown it shall be
sufficient for a copy of such notice to be advertised in at
least two newspapers having national circulation and also
affixed upon the land concerned.

Procedure for
acquiring licence
or consent to
access land for
purposes of
electronic
communications
networks.

Entry to land.

Notices.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

PART XV - NATIONAL INTEREST MATTERS

88. (1) Each licensee shall ensure that each network
that it operates has the ability to enable a private
conversation to be heard, listened to or recorded using a
listening device in accordance with an authorisation given
under section 5 of the Listening Devices Act.

(2) The Minister may, alter consultation with the
Commissioner of Police and the Attorney General, exempt
a licensee from the obligation imposed under subsection
(1) in so far as that obligation relates to a specified
network.

(3) Any exemption under subsection (2) shall be in
writing and may be unconditional or subject to conditions
specified in the exemption.

(4) In this section, “private conversation” and
“listening device” have the meaning given to them in the
Listening Devices Act.

89. (1) During any period in which Article 29 of the
Constitution applies and the Governor-General considers
that it is necessary in the interests of defence, public safety
and public order, the Government shall have control over
any and all networks or facilities and the Governor-General
may take possession of and assume control over, or direct
such other persons as he or she thinks tit to assume control
over, part or all of the electronic communications system
of any licensee or of any facilities for use by the
Government.

(2) Notwithstanding anything in this Act or any other
law to the contrary, the Governor-General may, for the
purpose of exercising the powers conferred on him by
subsection (1), appoint temporary operative or engineering
staff, for no longer than six months from the first instance,
under such terms and conditions and at such salaries as the
Governor-General normally prescribe and determine and
the salaries or all such staff shall be paid out or the
Consolidated Fund.

PART XVI - FEES AND PAYMENTS

90. The provisions of this Part shall apply
notwithstanding any other fees and payments payable by

Interception.

Ch. 90.

Ch. 90.

War and
emergencies.

Other laws.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

licensees in The Bahamas under any other law, unless
stated otherwise.

91. (1) URCA shall act on behalf of the Government
to administer the billing and collection of the
communications licence fee as set out in Schedule 3.

(2) The communications licence Ice must be paid to,
and collected by, URCA on behalf of the Treasurer before
the licensee commences the establishment, maintenance or
operation of a network or provision of a carriage service
authorised by its licence and for each subsequent year on
or before 30th April.

(3) URCA shall account to the Treasury for all
communications licence fees collected by it from licensees
liable to pay communications licence fees on or before
30th June each year.

(4) Any such charges and fees imposed under this
section 91 are payable by licensees and if remain unpaid
constitute a debt which may he recovered in court.

92. (1) Without prejudice to financial contributions to
the provision of universal service in accordance with Part
VII, URCA may determine one or more of the following
charges or fees —

(a) charges for particular services rendered by URCA
in the performance of its functions or the exercise
of its powers under this Act;

(b) fees to be payable for any application required
under this Act or for the supply or making copies
of documents;

(c) annual charges for licences to be calculated based
on the licensee's relevant turnover; and

(d) other fees and charges for the administration and
allocation of state assets.

(2) Any charges and fees determined and levied
under this section shall —

(a) be set on an objective, non-discriminatory,
transparent and proportionate basis;

(b) be published by URCA on its website (and any
other form as it considers appropriate);

(c) seek only to cover a proportionate share of the
relevant operating costs of URCA under
subsection (d) for the performance of its duties

Communications
licence fee.

URCA fees.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

under this Act. The fees for a licence shall be
proportionate and be published in an appropriate
and sufficiently detailed manner, so as to be
readily accessible;

(d) be set to cover URCA's annual budgeted costs of
performing URCA's functions and exercising its
powers under this Act and the URCA Act but
excluding those costs attributable to the
performance of its functions under any legislation
not pertaining to the regulation of the electronic
communications sector; and to recover any deficit
from previous years; and

(e) take account of any surplus in URCA's accounts
carried over from the previous accounting year.

(3) Any such charges and fees imposed under this
section 92 are payable by licensees and if remain unpaid
constitute a debt which may be recovered in court.

93. (1) The Minister may, where radio spectrum in the
premium spectrum band is to be allocated or used, impose
charges to be paid to the Government which reflect the
need to ensure the optimal use of that spectrum, or
prescribe the methods by which such charges will be set.

(2) URCA may, where radio spectrum other than
spectrum in the premium band is to be allocated or used,
impose charges to be paid to the Government which reflect
the need to ensure the optimal use of radio spectrum.

(3) Any such charges and lees imposed under this
section 93 are payable by licensees and if remain unpaid
constitute a debt which may be recovered in court.

(4) Charges specified in this section 93 must he paid
to, and collected by, URCA on behalf of the Treasurer.

94. (1) Interest shall accrue on overdue
communications licence fees or URCA fees daily at the
lower of —

(a) a rate of four percent per annum over the prime
lending rate as published by the Central Bank of
The Bahamas; and

(b) any maximum applicable rate specified in the
Rate of Interest Act.

(2) A licensee liable to pay communications licence
fees and URCA fees who —

Spectrum fees.

Offences and
interest.

Ch. 341.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(a) without lawful excuse commences or carries on
an undertaking without paying the
communications licence fee or URCA fee;

(b) in providing evidence to URCA to verify its
relevant turnover and the amount due from the
licensee in respect of the communications licence
fee or URCA fee intentionally or recklessly
makes a statement which is false in a material
particular;

(c) obstructs URCA in the exercise of its functions
under section 93(4);

(d) fails to submit payment to URCA in the timetable
outlined in paragraph I of Schedule 3 and,
simultaneously, proof of the aforementioned
payment to URCA; or

(e) is knowingly concerned in, or in the taking of
steps with a view to, the fraudulent evasion by
any person of any sum due in respect of the
communications licence fee or URCA fee,

shall be guilty of an offence.

PART XVII - ENFORCEMENT ORDERS

95. (1) URCA may issue an order concurrently with a
determination under section 99 or an adjudication under
section 103 —

(a) ordering the licensee or, where such person is not
a licensee, a person that contravenes any
provision of this Act or a licence condition to do
or to refrain from doing such things as are
specified in the order to remedy, prevent or
rectify the breach or anticipated breach which is
the subject matter of the determination or
adjudication; and, if appropriate;

(b) imposing an objectively justified and non-
discriminatory fine on the licensee or, where such
person is not a licensee, a person subject to the
provisions of section 109,

and notifying the licensee that the licence may be revoked
if the licensee fails to comply with such determinations
and/or to pay the fine.

Power to make
orders.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

(2) Where URCA imposes an order under this
section —

(a) the order shall be in writing;
(b) the order shall specify the contravention that the

licensee has committed and the penalty imposed
by URCA;

(c) a copy of the order shall be given to the licensee;
and

(d) the order shall be applicable and in force unless
suspended by the Tribunal.

(3) An order may be enforced in the same manner as
an order of the court.

(4) If the licensee fails to comply with an order or
part of an order within the time determined by URCA,
URCA may —

(a) impose a fine or subsequent tine on the licensee;
and, if appropriate;

(b) revoke the licence with immediate effect under
section 27(1)(g),

provided that it shall have notified the licensee in the
relevant order that non-compliance with the order could
result in either or both of a fine or licence revocation, as
appropriate.

(5) Once the licensee satisfies the requirements of the
order, the licensee shall not be liable to any further
investigation by URCA in respect of the offence.

96. (1) In cases of urgency due to the risk of serious
and irreparable damage, URCA, acting on its own initiative
or at the request of any affected party, may issue an interim
order.

(2) Any interim order shall be —
(a) limited in time to such reasonable period of time

as URCA may expect to require to complete its
investigation; and

(b) shall only address those actions or omissions that
are likely to result in serious and irreparable
damage.

(3) Any interim order should be followed by a full
investigation, upon completion of which an order shall be

Interim orders.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

issued by URCA that either reinforces, changes or revokes
the interim order.

97. URCA shall publish promptly its orders on its
website after taking into account any legitimate reasons of
commercial confidentiality under section 14.

98. (1) An order shall be legally binding on the parties
to the order.

(2) An order shall be legally binding unless
suspended by order of the Tribunal.

DETERMINATIONS

99. (1) URCA may, upon written application by any
person having an interest in the subject matter of the
determination, or upon its own motion if URCA has reason
to believe that a determination is necessary, make
determinations relating to one or more of the following —

(a) any obligation on a licensee relating to the terms
or conditions of any licence, including obligations
in licence conditions, regulations, standards or
technical rules; and

(b) any activity set out in this Act and where the Act
provides for URCA to “determine” or to “make
determinations”,

in accordance with section 100.
(2) In making any determination, URCA shall have

consulted persons with sufficient interest under section 11
and provide reasons in writing for its determination.

(3) URCA shall not consider applications for a
determination —

(a) that are vexatious or frivolous or where the
applicant lacks standing;

(b) that do not fall within URCA's functions under
this Act or any other enactment;

(c) that in the view of URCA, would involve
resources disproportionate to the likely benefit; or

(d) where URCA is of the view that issuing a1
determination would not be the most effective or
efficient manner to resolve the subject matter of
the application.

Publication of
orders.

Enforcement of
orders.

Power to make
determinations.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

(4) URCA must take into account the urgency of the
application or the investigation commenced on its own
initiative and may issue interim determinations if the
application appears likely to succeed or URCA is likely to
find that a licensee has breached the Act or a licence
condition and irreparable harm would result if no interim
determinations were made.

(5) An interim determination under subsection (4)
shall be for a specified period of time and may be renewed
in so far as this is necessary and appropriate.

(6) URCA shall consider the following factors when
determining the period of time referred to in
subsection (5) —

(a) the length of time that URCA expects would be
required to complete its investigation of the
application;

(b) the extent of irreparable harm that would be
caused if no interim determination were made;
and

(c) the burden on the licensee that would be subject
to the interim determination.

100. (1) Subject to section 99(3) if a person applies to
URCA for a determination, URCA must —

(a) acknowledge the application within five working
days of receipt;

(b) expeditiously request from the applicant or other
parties such additional information as it
reasonably requires to make a determination; and

(c) use all reasonable efforts to make a determination
no later than four months after receiving the
application.

(2) Where URCA proposes to issue a determination
under section 99(1), it shall give notice to the proposed
addressee or addressees of a preliminary determination —

(a) specifying the determination to be made;
(b) specifying the obligation or obligations the

compliance or contravention of which are the
subject of the determination;

(c) in accordance with section 11(3), specifying the
period during which the relevant persons have an
opportunity to —

Procedure for
determinations.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(i) make representations about the matters in the
preliminary determination;

(ii) comply with the obligations referred to in the
preliminary determination of which they are
in contravention, if applicable; and

(iii) remedy the consequence of contraventions
notified in the preliminary determination, if
applicable; and

(d) enclosing a draft copy of any order under section
95 that URCA would issue with the final
determination, if applicable.

(3) The period referred to in subsection (2)( c) shall
be no less than one (1) month, commencing on the day
after which notice of the preliminary determination was
given unless the preliminary determination relates to a
contravention and URCA has reasonable grounds for
believing that contravention is a repeated contravention
and, in those circumstances, a shorter period would be
appropriate.

(4) URCA shall consider any representations or
objections that are received in connection with the
preliminary determination during the period specified in
subsection (2)(c).

(5) URCA shall within one (1) month of the end of
the period referred to in subsection (2)(c) issue a final
determination —

(a) referring to the matters contained in the
preliminary determination;

(b) summarising the representations and objections
received;

(c) containing URCA's response to representations
and objections and any further reasoning behind
the determination in sufficient detail to enable it
to be understood and the reasons for it to be
known; and

(d) stating whether or not URCA intends to issue an
order under section 95.

(6) If URCA states in the final determination that it
intends to issue an order under section 95, it shall issue the
order at the same time as the final determination. Save in
the case of repeated breaches, URCA shall not issue an

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

order under section 95(1)(b) if in URCA's opinion the
relevant person has complied with the obligations referred
to in subsection 100(2)(c)(ii) and has remedied the
consequences of contraventions referred to in subsection
100(2)(c)(iii).

101. URCA shall publish promptly its determinations
on its website after taking into account legitimate reasons
of commercial confidentiality under section 15.

102. (1) A determination shall be legally binding on
the parties to the determination.

(2) A determination shall be legally binding unless
suspended by order of the Tribunal.

ADJUDICATIONS

103. (1) URCA may. acting on receipt of a complaint
or notification or upon its own initiative, make
adjudications relating to any contravention of Part XI in
accordance with section 104.

(2) An adjudication may impose behavioural or
structural remedies which are proportionate to the
infringement committed and necessary to bring the
contravention to an end.

(3) In cases of urgency due to the risk of serious and
irreparable damage to competition, URCA, acting on its
own initiative. may by adjudication, on the basis of a prima
facie finding of contravention issue an interim
adjudication.

(4) An interim adjudication under subsection (3)
shall be for a specified period of time and may be renewed
in so far as this is necessary and appropriate.

(5) URCA shall consider the following factors when
determining the period of time referred to in
subsection (4) —

(a) the length of time that the Regulator expects
would be required to complete its investigation;

(b) the extent of irreparable harm that would be
caused if no interim adjudication were made; and

(c) the burden on the licensee that would be subject
to the interim adjudication.

(6) In making any adjudication, URCA must —

Publication of
determinations.

Enforcement of
determinations.

Power to make
adjudications.

COMMUNICATIONS [CH. 304 – 69





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(a) provide reasonable notice to any person who may
be affected by the adjudication;

(b) allow any affected person an opportunity to be
heard; and

(c) provide reasons in writing for its adjudication.

104. (1) URCA shall establish procedures for
conducting investigations under sections 67, 69 and 70 and
issuing adjudications under section 103.

(2) Prior to issuing an adjudication under section
103, URCA shall inform the parties concerned of the
objections raised against them. The statement of objections
shall be notified in writing to each of the parties against
whom objections are raised.

(3) URCA shall, when notifying the statement of
objections to the parties concerned, set a time-limit within
which these parties may inform it in writing of their views.

(4) The period referred to in subsection (3) shall be
no less that one (1) month, commencing on the day after
which the statement of objections was given.

(5) The parties may, in their written statements, set
out all facts known to them which are relevant to their
defence against the objections raised by URCA. They shall
attach any relevant documents as proof of the facts set out.

(6) Before issuing an adjudication under section 103,
URCA may give the parties to whom it addresses the
statement of objections the opportunity to develop their
arguments at a public oral hearing conducted by URCA if
they so request in their written submissions.

(7) If URCA states in the final adjudication that it
intends to issue an order under section 95, it shall issue the
order at the same time as the final adjudication.

105. URCA shall publish promptly its adjudications
on its website after taking into account legitimate reasons
of commercial confidentiality under section 14.

106. (1) An adjudication shall be legally binding on
the parties to whom the adjudication is addressed.

(2) An adjudication shall be legally binding unless
suspended by order of the Tribunal.

Procedure for
adjudications.

Publication of
adjudications.

Enforcement of
adjudications.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

OFFENCES

107. (1) An individual found guilty of an offence
under section 16 or section 33, whether on indictment or
summary conviction, shall be subject to a tine not
exceeding five hundred thousand dollars.

(2) A licensee guilty of an offence under subsection
94(2) may be liable on summary conviction thereof to —

(a) to a fine not exceeding three hundred thousand
dollars;

(b) in addition to any fine, a sum not exceeding ten
thousand dollars for each calendar day the
offence continues subsequent to the date to which
the conviction relates; and

(c) five times the amount of any sum shown to the
court that would have been payable as a
communications licence fee or URCA fee but for
the commission of the offence.

108. (1) In the event that the offence is committed in
relation to a station or electronic communications
equipment on board or released from a ship or aircraft, the
captain or person for the time being in change of the ship
or aircraft is also guilty of the offence.

(2) This section does not apply where the offence
consists in the use by a passenger on board the ship or
aircraft of receiving electronic communications equipment
that is not part of the wireless telegraphy equipment, if any,
of the ship or aircraft.

FINES AND REMEDIES

109. (1) Subject to subsection (3) a licensee or, where
such person is not a licensee, a person that contravenes any
provision of this Act or a licence condition is liable to a
fine or other penalty determined by URCA, not exceeding
ten percent of that licensee's relevant turnover or, where
such person is not a licensee, that person's relevant
turnover.

(2) URCA may do anyone or more of the
following —

(a) issue a determination or adjudication to the
persons in contravention of this Act;

Offences.

Maritime and
Aviation.

Fines and
remedies.

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(b) issue an order under section 95; and
(c) amend, suspend or revoke the licence.

(3) Any order issued by URCA imposing a fine or
other penalty shall specify the date on which that tine or
penalty will become due and payable. Where the order
relates to —

(a) contravention of a licence condition; or
(b) contravention of the content code,

the date so specified shall afford a reasonable period within
which to remedy the relevant contravention. Except in the
case of repeated contraventions, the fine or penalty shall
not be payable if the relevant contravention has been
remedied by the date specified in the order.

(4) In specifying a date for the purposes of
subsection (3) URCA shall have regard to —

(a) the seriousness of the contravention and the need
for urgent remedy; and

(b) the conduct of the person liable to pay the fine or
penalty including any previous or repeated
contravention of the same or any other licence
condition or provision of the content code.

(5) Any person who fails or refuses on or before the
date specified for the purposes of subsection (3) to —

(a) remedy a contravention; or
(b) pay a fine or penalty,

shall in respect of each failure or refusal be liable to pay an
additional daily default fine not exceeding one hundredth
of one percent (0.01%) of that licensee's relevant turnover
or, where such person is not a licensee, that person's
relevant turnover until the contravention is remedied or the
fine or penalty is paid.

PART XVIII - THE UTILITIES APPEAL TRIBUNAL
JURISDICTION UNDER THIS ACT

110. (1) The Tribunal shall have exclusive
jurisdiction to hear and determine all appeals matters and
disputes referred to it and shall have such original,
appellate and supervisory jurisdiction as may be conferred
upon it by this Act or any other law.

Jurisdiction of
the Tribunal.

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(2) The Tribunal shall have exclusive jurisdiction 10
issue orders in accordance with this Act or any other law.

(3) Application for judicial review may be made to
the Court in all cases where the Tribunal does not have
jurisdiction under subsection (1) and (2).

111. (1) This section applies to the following —
(a) an adjudication by URCA under section 103 for

breach of section 67 or section 69 and any orders
attaching t0 such adjudications under section 95;

(b) an adjudication issued by URCA under section
75, including any order attached to such
adjudication under section 95;

(c) a determination by URCA under section 99 and
any orders attaching to such determinations under
section 95;

(d) any decision by URCA providing for the
modification or withdrawal of —
(i) such an adjudication;
(ii) such a determination;
(iii) an order attached to such an adjudication; or
(iv) an order attached to such a determination;

and
(e) any decision of URCA or of the Minister which

has an immediate effect on a person and, in
particular, does not require a further act to be
given effect.

(2) This section does not apply to any act by URCA
to institute, bring or carry on any criminal prosecutions
under section 33 or to any preliminary steps for the
purpose of enabling any such proceedings to be instituted.

(3) A person affected by any act of URCA to which
this section applies may appeal against it to the Tribunal by
sending the Tribunal a notice of appeal in accordance with
Tribunal rules, within the period specified in those rules.

(4) The notice of appeal must set out —
(a) the section under which the enactment appealed

against was taken; and
(b) the grounds of appeal.

Appeals.

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(5) The grounds of appeal must be set out in
sufficient detail to indicate to what extent (if any) the
appellant contends that the enactment appealed against was
based on an error of fact or was wrong in law or both.

(6) In the case of an appeal under subsections (1)(a)
or (1)(d)(i) or (1)(d)(iii), the Tribunal shall decide the
appeal on the merits and by reference to the grounds of
appeal set out in the Notice of Appeal.

(7) In the case of an appeal under subsection (1)(b),
the Tribunal shall decide the appeal by applying the same
principles as would be applied by a court on an application
for judicial review.

(8) Except in the case of appeals referred to in
subsection (6) and (7) the Tribunal shall decide the appeal
by drawing any inferences that are not inconsistent with the
findings of fact made by URCA and that are necessary for
determining questions of law or jurisdiction.

PART XIX - TRANSITIONAL PROVISIONS

112. The Minister shall publish the first sector policy
under this Act referred to in section 6(1) in the Gazette
within one (1) month of this Act coming into force or as
soon as practicable thereafter.

113. (1) Subject to subsections (3)-(6) any licence,
permit or franchise granted under either the Broadcasting
Act or Telecommunications Act in respect of the
establishment, maintenance or operation of a network or
carriage service or any use of radio spectrum, which is in
force immediately prior to this Act coming into force, shall
be for the purposes of Part XIX of this Act an “existing
licence” and shall have effect as an individual licence
granted by URCA under section 19(2) for the unexpired
term of the existing licence and the provisions of Part IV
shall apply to that existing licence accordingly.

(2) Every holder of an existing licence (an “existing
licensee”) shall within three months of this Act coming
into force supply URCA with full details of its existing
licence. Any existing licence in respect of which full
details are not supplied to URCA in accordance with this
subsection shall expire on the date being three months after
this Act comes into force.

Sector policy.

Transitional
provisions as to
licences.
Ch. 305.

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(3) An existing licensee shall as soon as practicable
and in any event within one month after the date on which
it supplies to URCA details of an existing licence —

(a) apply to be granted individual licences; or
(b) give notice of objection to URCA requesting that

its existing licence continues in force for the
remainder of its unexpired term or until a later
date specified in the notice of objection.

(4) If an application to be granted an individual
licence is made under subsection (3)(a) URCA may —

(a) grant an individual licence in accordance with
section 26;

(b) refuse to grant an individual licence on the
grounds that a company of which the applicant is
a subsidiary undertaking is an existing licensee or
is a company that requires or has applied for an
individual operating licence;

(c) by determination revoke the existing licence on
the grounds that the activities carried out under it
by the licensee fall within the scope of —
(i) an individual licence granted by URCA to a

company of which the applicant is a
subsidiary; or

(ii) a class licence or exemption made by URCA
under section 18,

such revocation to have effect on the date of that
determination; or

(d) by determination extend the term of the existing
licence for such period until the activities carried
out under it by the existing licensee falls within
the scope of a class licence or exemption made by
URCA under section 18.

(5) If notice of objection is received under subsection
(3)(b), and if the licensee meets the requirements for the
grant of an individual licence under section 26, URCA
may —

(a) permit the existing licence to continue on its
current terms until its expiry date, or a later date
specified by URCA;

(b) permit the existing licence to continue until its
expiry date, or a later date specified by URCA,

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with such modifications revocations or additional
conditions as URCA shall specify. In giving its
decision, URCA shall publish a written statement
explaining how that decision meets the criteria
specified in sections 27( 1 )(a) or 27(1)(b);

(c) require the licensee to accept an individual
licence granted in accordance with section 26; or

(d) by determination revoke the existing licence on
the grounds that the activities carried out under it
by the licensee fall within the scope of a class
licence or exemption made by URCA under
section 18, such revocation to have effect on the
date of that determination.

(6) If an existing licensee does not give notice of
objection and does not apply to be granted an individual
licence, the existing licence shall be revoked by URCA
giving one month's notice to the existing licensee.

(7) URCA shall impose on existing licensees a fee
for the exercise of its functions under subsections (4), (5)
and (6). This fee shall seek only to cover the administrative
costs incurred in the review and modification, amendment
or revocation of existing licences.

114. The electronic communications policy objectives
shall be subject to any special rights granted to the
Bahamas Telecommunications Company in the sector
policy until the earliest of the following events —

(a) such time as the special rights in the sector policy
expire;

(b) the sector policy specifies that the special rights
are no longer in effect;

(c) two years from this Act coming into force.

115. Until such time as URCA has made a designation
under section 61, the designated public service broadcaster
shall be the Corporation.

116. (1) Subject to subsection (9), on this Act coming
into force the companies listed in Schedule 4 are presumed
to have SMP in the provision of one or more of the
following —

(a) fixed voice;
(b) high speed data services and connectivity;

The Bahamas
Telecommunicat-
ions Company.

Public service
broadcaster.

Interim
presumptions of
SMP.

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(c) mobile voice and mobile data services; and
(d) pay TV services.

(2) Each licensee and existing licensee listed in
Schedule 4 shall in relation to each market in which it is
presumed to have SMP be subject to obligations designed
to maintain, subject to section 114, the objective of
encouraging, promoting and enforcing sustainable
competition.

(3) Prior to imposing any obligations under
subsection (2), URCA shall —

(a) no later than one (1) month from this Act coming
into force, indicate in writing to those licensees
and existing licensees listed in Schedule 4 the
types of obligations that in URCA’s preliminary
view would be required to satisfy the
requirements in subsection (2);

(b) require that the relevant licensee or existing
licensee submits proposed obligations to satisfy
the requirements in subsection (2); and

(c) within three months of receipt of the obligations
proposed by the relevant licensee or existing
licensee, review those proposed obligations and
either —
(i) accept the proposed obligations; or
(ii) object to the proposed obligations indicating

the reasons for the objection and either
mandate obligations that satisfy the
requirements in subsection (2) or require that
the relevant licensee or existing licensee
submits modified proposed obligations
which shall be reviewed by URCA in
accordance with subsection (c).

(4) Any licensee that is presumed to have SMP and
believes that it is compliant with the obligations imposed
on it under subsection (2) may apply to URCA for
confirmation on compliance with those obligations. If
URCA does not confirm or deny confirmation within three
months, URCA shall be presumed to have confirmed
compliance under this subsection.

(5) No licensee or existing licensee listed in Schedule
4 shall be permitted to engage in the provision of any
networks or carriage services which it is not already

Schedule 4.

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licensed to provide when this Act comes into force until
URCA has confirmed compliance under subsection (4)
with any obligations imposed under subsection (2).

(6) Without limiting any licensee's obligations under
subsection (2), a licensee that is presumed to have SMP
may after expiry of one year from this Act coming into
force make representations with supporting evidence to
URCA to rebut the presumption that it has SMP. Such
representations shall address any criteria established or
published under section 39(2).

(7) URCA shall consider any representations made to
it under subsection (6) and, following a review of the
relevant market or markets, shall determine whether the
presumption of SMP under this section has been rebutted.

(8) As soon as possible after this Act comes into
force. URCA shall exercise its powers to determine
whether licensees including licensees other than existing
licensees have SMP under the terms of section 39 and, if
so, consider imposing conditions under the terms of section
40.

(9) Determinations by URCA under section 39 shall
supersede any decisions under this section.

117. (1) Until such time as URCA has determined
otherwise, the Bahamas Maritime Authority shall have
delegated authority from URCA to issue spectrum licences
to maritime vessels registered under the Bahamian flag.

(2) Until such time as URCA has determined
otherwise, the Civil Aviation Department shall have
delegated authority from URCA to issue spectrum licences
to aircraft registered in The Bahamas.

(3) Any existing licensee operating under a licence
for maritime or aviation purposes issued by the Public
Utilities Commission, the Bahamas Maritime Authority or
the Civil Aviation Department at the time that this Act
comes into force shall, to the extent, and for so long as, that
licence is in force, be exempt from the procedure in section
113 and shall be entitled to continue operations permitted
under that licence for the duration of that licence.

118. Until such time as URCA determines otherwise,
the College of The Bahamas shall have delegated authority
from URCA to manage, allocate and assign domain names.

Use of spectrum
for maritime or
aviation
purposes.

Domain names
use.

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119. (1) Subject to subsection (2), on this Act coming
into force the existing licensees listed in Schedule 5 shall
be designated as universal service providers for the
purpose of section 42(3) in respect of one or more of the
following universal service obligations —

(a) affordable basic telephony services to all
populated areas;

(b) affordable basic dial-up internet services to all
populated areas;

(c) basic dial-up internet services to specified
institutions;

(d) affordable public access to pay apparatus; and
(e) affordable basic television services to all

populated areas and specified institutions.

(2) Determinations of universal service obligations
under section 41 and designations of universal service
providers under section 42(3) shall supersede any decision
under this section.

PART XX- RELATED AMENDMENTS

120. (1) Subject to subsections (2) and (3), the
enactments in Schedule I are hereby repealed.

(2) Nothing in this section shall affect —
(a) the continuation of any civil or criminal

proceedings under the legislation referred to at
subsection (1); or

(b) any liability to pay fees or penalties under any of
the legislation referred to at subsection (1) or
subordinate legislation made under that Act that
accrues before the date on which this section
comes into operation.

(3) Subject to section 113, any subordinate
legislation or other measures that relate to subject matter
within the functions or powers of the Minister or URCA
under the Telecommunications Act shall continue in force,
mutatis mutandis, until such time as URCA issues
regulatory or other measures for similar purposes under
this Act that are inconsistent with that subordinate
legislation or those other measures. Once URCA issues
regulatory or other measures that are inconsistent with that
subordinate legislation, or those other measures, then, to

Interim
designation of
universal service
providers.
Schedule 5.

Repeals
enactments.

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the extent of the inconsistency, the subordinate legislation
or those other measures will cease to apply.


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STATUTE LAW OF THE BAHAMAS LRO 1/2010

SCHEDULE 1

REPEAL AMENDMENTS AND SAVINGS OF
ENACTMENTS

1. Repeals
The following enactments or parts of enactments shall be
repealed pursuant to section 120 of the Act —
Telecommunications Act (Ch. 304) Parts I, II, III, IV, V, VI, IX,
X, and XI1
Bahamas Telecommunications Corporation Act (Ch. 303)
Section 19 and Part III (Acquisition of land)
Broadcasting Act (Ch. 305) Section 11, 18 and 21
Business Licence Act (Ch. 329) Section 7(1)(q)

SCHEDULE 2

LAND ACCESS

PART I - PROCEDURE FOR OBTAINING A
LICENCE TO ACCESS LAND OTHER THAN

PUBLIC LAND
1. Interpretation.

In this Schedule —
“licensee” means —

(a) the holder of an individual licence and,
(b) in the event that URCA exercises its power

under section 9(2) to introduce general
conditions of entitlement:
(i) every person who was the holder of an

individual licence at the date on which
general conditions of entitlement took
effect, and

(ii) any person meeting the criteria for general
entitlement and to whom URCA has by


1 The remaining parts of the Telecommunications Act (3 of 2000) are therefore –
section 22 – Establishment of the Bahamas Telecommunications Company
sections 23 – 26 relating to the divestment to that company of assets etc of the Bahamas
Telecommunications Corporation and the dissolution of that Corporation
sections 40 and 41 relating to now spent amendments and repeals

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determination stated that this Schedule
shall apply;

“licensee's notice” means a notice served by a
licensee under subparagraph 2(1) of paragraph 2
or subparagraph 3(1) of paragraph 3 of this
Schedule;

“occupier” in relation to land means the person in
actual possession of that land, or if there is no
such person, then whoever is entitled to such
possession, and in the case of land of which no
person is currently in actual possession the person
in whom the fee simple of that land is vested shall
be deemed to be entitled to such possession; and

“persons interested” in land includes every person
claiming an interest whether on his own behalf or
as trustee for other persons beneficially
interested, or as guardian of a minor or committee
of a person under a legal disability. but does not
include a yearly tenant or tenant by the month or
at will.

2. Access to land for the purposes of an electronic
communications network where commercial terms
cannot be agreed.

(1) Subject as provided in this Schedule, whenever a
licensee considers it necessary for the purposes of its
network to —

(a) construct or install on, under or over any land,
other than public land, any facilities;

(b) take such other action as may be necessary to
render such construction or installation safe and
efficient; and

(c) thereafter retain on that land and operate the
facilities so constructed or installed,

and any licence or consent required for those purposes
cannot be obtained by agreement on reasonable
commercial terms, and for a reasonable duration, the
licensee may serve on each of the occupier and any other
persons interested in the said land or any part of it a
licensee's notice setting out the information referred to in
subparagraph (2).

(2) A licensee's notice must include and specify —

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(a) the nature and proposed location of the facilities
and of the works to be carried out on the said
land;

(b) the terms of the licence or consent required by the
licensee;

(c) the licensee's undertaking to pay compensation in
respect of any damage caused in carrying out
those works together with the amount of
compensation that the licensee considers
appropriate and the licensee's proposals for
apportioning that sum between the occupier and
any other persons interested in the said land or
any part of it; and

(d) the licensee's proposals for payment of
consideration for the grant of the licence or
consent specified in the licensee's notice,
including —
(i) the sum proposed to be paid;
(ii) whether that consideration is to be paid as a

single sum or as a yearly licence or consent
fee; and

(iii) the licensee's proposals for apportioning that
consideration between the occupier and any
other persons interested in the said land or
any part of it.

(3) The proposals set out in the licensee's notice shall
constitute a contractual offer capable of acceptance (insofar
as it relates to their respective interest) by each of the
occupier and any person interested in the said land or any
part of it. Acceptance of the licensee's offer by the occupier
or any person interested in the said land shall, on receipt of
payment from the licensee in accordance with the
licensee's notice, disqualify that person from serving any
counter-notice under subparagraph (4) and from seeking or
receiving any further sum by way of compensation or
consideration in respect of the matters specified in the
licensee's notice.

(4) Where a licensee's notice is served each of the
occupier and any person interested in the said land or any
part of it may (subject to subparagraph (3)) within twenty-
eight calendar days after service of that licensee's notice
give to the licensee a counter-notice objecting to all or
any of —

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(a) the grant to the licensee of the licence or consent
specified in the licensee's notice;

(b) the carrying out of the works specified in the
licensee's notice;

(c) the licensee's proposals for payment of
consideration for the grant of the licence or
consent; and

(d) the licensee's proposals for payment of
compensation.

(5) If no counter-notice is given under and within the
time limit specified by subparagraph (4) the licensee shall
be deemed to have been granted the licence or consent
specified in the licensee's notice, and

(a) may enter upon the relevant land and carry out
the works; and

(b) thereafter retain on the relevant land and operate
the facilities constructed or installed in
accordance with the licence or consent deemed to
have been granted,

provided that it has first paid to the person or persons
entitled or lodged with the Tribunal to hold on behalf of the
person or persons entitled a sum equal to the compensation
and any consideration proposed in the licensee's notice.

(6) Where a sum is lodged with the Tribunal in
accordance with subparagraph (5) it must be accompanied
by a statement —

(a) identifying the person or persons entitled to all or
any part of that sum;

(b) setting out the basis on which that sum is
apportioned between the persons so entitled; and

(c) authorising release of the appropriate sum on
application by the persons so entitled, supported
by sufficient evidence of identity to satisfy the
Registrar of the Tribunal.

(7) If any counter-notice is given under subparagraph
(4) the licensee must before entering on the relevant
land —

(a) cause to be lodged with the Tribunal —
(i) a copy of the licensee's notice; and

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(ii) a copy of any counter-notice given under
subparagraph (4); and

(b) apply for an order of the Tribunal awarding to the
licensee the licence or consent specified in the
licensee's notice and permitting the licensee to
enter on the said land and to carry out the said
works.

(8) It shall be an offence punishable with a fine not
exceeding twenty-five thousand dollars for a licensee to
enter on the relevant land to take any steps or carry out any
works pursuant to the licensee's notice before the
earlier of —

(a) withdrawal of all objections contained in any
counter-notice given under subparagraph (4) by
any owner or occupier of or person interested in
the said land or any part of it; and

(b) the making of an order by the Tribunal under
subparagraph (11) authorising such entry.

(9) Upon receipt of the copy of the licensee's notice,
a coy of the counter-notice and licensee's application
provided under subparagraph (7) the Tribunal shall —

(a) fix a date for the hearing of the objections by any
person who gave a counter-notice under
subparagraph (4) having due regard to the then
believed whereabouts within or without The
Bahamas of any person who gave a counter-
notice; and

(b) cause notices of such hearing accompanied by
copies of the documents lodged under
subparagraph (7) to be served upon all such
persons or their authorised agents personally, by
registered post or by substituted service as the
Tribunal may deem fit.

(10) If any objection contained in a counter-notice
given under subparagraph (4) is not withdrawn before the
date fixed for the hearing the Tribunal shall hold an inquiry
regarding all objections to matters contained in a licensee's
notice that remain outstanding, giving all parties concerned
with any such objection an opportunity to be heard and the
Tribunal may adjourn such inquiry from time to time as it
may deem fit in the interests of the proper administration
of justice.

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(11) Upon the conclusion of the said inquiry the
Tribunal must by order, either unconditionally or subject to
such terms, conditions or stipulations as it thinks fit,
authorise or prohibit, in whole or in part, any of the matters
specified in the licensee's notice.

(12) The Tribunal may make an order under
subparagraph (11) granting licence or consent and
authorising the licensee to enter on the said land to carry
out all or any of the works specified in the licensee's notice
only if satisfied —

(a) that the licensee has used all reasonable
endeavours to obtain by agreement on reasonable
commercial terms and for a reasonable duration
any licence or consent specified in the licensee's
notice;

(b) that the works and other matters specified in the
licensee's notice are in accordance with the
electronic communications policy objectives,
with any regulations made by the Minister to
promote or further those objectives and with any
licence conditions imposed upon or affecting the
licensee;

(c) that the works are necessary to ensure public
access to networks or carriage services and are
otherwise consistent with the provisions of the
Constitution;

(d) that the grant of the licence or consent specified
in the licensee's notice is capable of being
adequately compensated for by money; or

(e) that any detriment caused to the occupier of or
any persons interested in said land is outweighed
by the benefit accruing to the persons whose
access to networks or carriage services will be
secured.

(13) In making an order under subparagraph (1) the
Tribunal may do one or more of the following —

(a) substitute for the proposals for payment of
compensation contained in the licensee's notice a
sum that the Tribunal considers to be the
appropriate measure of compensation;

(b) substitute for the proposals for payment of
consideration contained in the licensee's notice a
sum that the Tribunal, assuming a willing grantor,

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considers to be the market value of the licence or
consent awarded to the licensee and may order
that sum to be apportioned between the occupier
and any persons interested in the said land to
reflect the value of their respective interests in the
said land;

(c) specify the period (being not more than fifteen
years) during which the licence or consent shall
have effect and shall bind the occupier and all
persons interested in the relevant land; and

(d) make such order as to costs as it thinks fit.

(14) The judgment of the Tribunal under subparagraph
(11) shall be final as to any question of fact arising in such
proceedings, but any person aggrieved by the judgment of
the said Tribunal may appeal to the Court of Appeal on any
ground involving a point of law within such time and in
such manner as may be provided by rules made under
section 8 of the Court of Appeal Act.

(15) Any order made by the Tribunal under
subparagraph (11) shall be registered or recorded at the
Registry of Records.
3. Continuation or renewal of access to land where
commercial terms cannot be agreed.

(1) Where —
(a) a licensee's licence or consent to retain facilities

on any land, other than public land, has expired or
become unenforceable against the occupier or any
person interested in that land;

(b) the licensee considers it necessary for the
purposes of its network to retain on that land and
operate the facilities constructed or installed on
that land; and

(c) any licence or consent required for those purposes
cannot be obtained by agreement on reasonable
commercial terms, and for a reasonable duration,

the licensee may serve on each of the occupier and any
other persons interested in the said land or any part of it a
licensee's notice including and specifying the matters
required to be included in a licensee's notice served under
subparagraph 2(1) of paragraph 2 of this Schedule insofar
as such matters are applicable to a continuation or renewal
of the relevant licence or consent.

Ch. 52.

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(2) Where a licensee's notice is served in accordance
with subparagraph 2(1) the parties shall proceed and the
Tribunal shall have the same powers as if that notice had
been served under subparagraph 2(1) of paragraph 2 of this
Schedule.

(3) Any order made by the Tribunal in accordance
with this paragraph for the continuation or renewal of the
licensee's licence or consent shall be registered or recorded
as if that order had been made under subparagraph 2(15) of
paragraph 2 of this Schedule.

PART II - RIGHTS TO ENTER LAND
1. Power to enter on and examine land.

(1) Whenever it appears to a licensee that it is or
probably will be necessary to exercise the powers
conferred by this Act upon the licensee in respect of any
land for the purpose of constructing or installing any
facilities then after not less than seven calendar days
previous notice to the occupier, if any, the licensee or any
person authorised by the licensee in that behalf may do one
or more of the following —

(a) enter upon such land,
(b) survey and take levels, and
(c) do all other acts necessary to ascertain the

suitability of the land, so far as the same may be
possible without causing damage or disturbance.

(2) The licensee must pay full compensation for any
damage or disturbance caused by such entry or by doing
the aforesaid acts or things.
2. Maintenance and repair of electronic
communications apparatus.

(1) Whenever it is necessary so to do for the purpose
of maintaining or repairing, replacing, adjusting or
upgrading facilities forming part of a network or any part
thereof, the licensee, or any person authorised by him in
that behalf, may at all reasonable times do one or more of
the following —

(a) enter upon any land on, under or over which
apparatus, equipment or facilities have been laid,
placed or carried, or upon which posts or other
apparatus have been erected;

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(b) carry out all necessary works of repair,
maintenance, replacement or upgrading;

(c) in the course of those works, fell or lop trees,
remove vegetation; and

(d) do all other things necessary to the said purpose,

causing as little damage or disturbance as possible and
paying full compensation to the occupier and any persons
interested for any damage or disturbance that may be
caused thereby.

PART III COMPENSATION
1. Compensation payable under Part XIV of this Act.

(1) In the absence of agreement between the parties
the amount of compensation, if any, payable under the any
provision of Part XIV of this Act shall be determined and
awarded by the Tribunal having due regard to the
principles set out in section 28 of the Acquisition of Land
Act.

(2) If any person is aggrieved by the judgement of
the amount of any compensation awarded under the
provisions of this paragraph, it may appeal to the Court of
Appeal within such time and in such manner as may be
provided by rules made under section 8 of the Court of
Appeal Act.
2. Payment of compensation to the owners or
occupiers of or persons interested in other land
affected.

(1) When land other than the land on which
electronic communications apparatus, equipment or
facilities is constructed, installed and operated is damaged
or injuriously affected by that construction, installation or
operation the occupier or any person interested in that other
land shall be entitled to fair and reasonable compensation
for such damage or injurious affection.

(2) If such persons, or any of them, are unable to
agree with the licensee as to the amount of such
compensation the amount shall on the application of either
party be assessed by the Tribunal.



Ch. 252.









Ch. 52.

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3. Payment of compensation etc. by licensee.
Compensation or other moneys payable under the

provisions of Part XIV of this Act shall be discharged by
the licensee as soon as the amount has been agreed or
otherwise finally determined under the provisions of this
Act and in default of payment may be claimed and
recovered in an action issued in the Tribunal or the
Supreme Court.

SCHEDULE 3

COMMUNICATIONS LICENCE FEE

1. Communications licence fee.
Every person required to pay an URCA fee pursuant

to section 92(1)(c) shall, before commencing the
establishment, maintenance or operation of a network or
provision of a carriage service authorised by its licence and
on or before 30th April in each subsequent year, pay an
annual fee (the “communications licence fee”) equal to
three percent of the licensee's relevant turnover.
2. Amendments to Schedule 3.

(1) The Minister may by order or regulation, which
shall be subject to affirmative resolution of both Houses of
Parliament, amend the foregoing provisions of this
Schedule to provide for payment of a communications
licence fee —

(a) equal to a different percentage (which may be
greater or lesser than that specified in paragraph
(1) of the licensee's relevant turnover; or

(b) subject to a minimum payment,

and in that order or regulation provide for the modification
or adaptation of any provisions of this Act to such extent as
may be necessary to give effect to such amendment.

(2) URCA may by regulation amend paragraph 3(3)
of this Schedule to provide for a figure greater or lesser
than the thresholds for requiring certification of evidence
set out in that paragraph.
3. Supply of information

(1) A licensee who is liable to pay the
communications licence fee and URCA fee shall supply to

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URCA with each payment of the fees sufficient evidence to
enable URCA to verify the licensee's relevant turnover.

(2) URCA may by notice at any time require any
licensee liable to pay communications licence fees and
URCA fees to supply within a specified time any
particulars in writing reasonably required by URCA and
being particulars relating to the administration or
enforcement of this Act.

(3) Where the relevant turnover of a licensee exceeds
five hundred thousand dollars or is less than fifty thousand
dollars the accuracy of any evidence provided by that
licensee for the purposes of this Schedule must be certified
by an accountant in possession of a practising certificate
issued by the Bahamas Institute of Chartered Accountants.

SCHEDULE 4

PRESUMPTIONS OF SMP

For the purposes of this Act, the following existing
licensees are presumed to have SMP in the provision of
one or more of the following:

(a) the Bahamas Telecommunications Company in
the provision of fixed voice;

(b) Cable Bahamas Limited in the provision of high
speed data services and connectivity;

(c) the Bahamas Telecommunications Company in
the provision of mobile voice and mobile data
services; and

(d) Cable Bahamas Limited in the provision of pay
TV services,

and in each case, this shall include any affiliates.

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SCHEDULE 5

INTERIM DETERMINATION OF UNIVERSAL SERVICE
OBLIGATIONS AND INTERIM DESIGNATIONS OF

UNIVERSAL SERVICE PROVIDERS

(1) For the purposes of this Act, the following
existing licensees shall be subject to interim designations
as universal service providers —

(a) Bahamas Telecommunications Company for —
(i) basic dial-up internet services to all

populated areas;
(ii) basic dial-up internet services free of charge

to specified institutions;
(iii) basic telephony services to all populated

areas; and
(iv) public access to pay apparatus; and

(b) Cable Bahamas Limited for —
(i) basic television services to all populated

areas;
(ii) internet services to all populated areas;
(iii) basic television services to specified

institutions; and
(iv) internet services free of charge to specified

institutions.

(2) For the purposes of section 119 and this
Schedule 4 —

(a) “basic dial-up internet services” shall mean the
provision and use of internet connections capable
of 56kbps transfer speeds:

(b) “basic telephony services” shall mean the
provision of fixed voice telephony services,
including local and inter-island calls;

(c) “basic television services” shall mean the
provision of a multi-channel television service
comprising six channels, including ZNS Channel
13, and the Parliamentary channel;

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(d) “public access to pay apparatus” shall mean the
provision and maintenance of telephones enabled
for the provision of basic telephony services that
are available to the general public and for the use
of which the means of payment may include
coins and/or credit/debit cards and/or pre-
payment cards, including cards for use with
dialling codes; and

(e) “specified institutions” shall mean —
(i) all public and church operated schools;
(ii) public libraries;
(iii) public hospitals and public medical clinics;
(iv) senior citizens homes registered with

URCA;
(v) orphanages registered with URCA;
(vi) community centers registered with URCA;
(vii) the College of The Bahamas;
(viii)the Bahamas Technical and Vocational

Institute:
(ix) the Bahamas Hotel Training College; and
(x) Eugene Dupuch Law School.

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