Decisions
Decision Description
ECS 03/2024 – Consumer Protection Regulations for the Electronic Communications Sector
The Utilities Regulation and Competition Authority (URCA) hereby issues the following Regulations in exercise of the powers conferred on it by section 45(2) of the Communications Act, 2009 (“Communications Act”), which provides for the issuance by URCA of general regulations relating to the protection of Consumers and the provision of Services by the holders of Individual Operating Licences and Class Operating Licences Requiring Registration in The Bahamas. A copy of the full document may be downloaded below: Consumer Protection Regulations for the Electronic Communications Sector- Mar 8, 2024
ECS 02/2024 – Statement of Results and Final Decision – Revisions to the Consumer Protection Regulations for the Electronic Communications Sector
The Utilities Regulation and Competition Authority (‘URCA’) issues this Statement of Results and Final Decision following the public consultation on its proposed revisions to the Consumer Protection Regulations for the Electronic Communications Sector (‘ECS’). URCA published the consultation on 18 September 2023.1 The original deadline for responses was 19 October 2023 however the deadline was extended to 30 October 2023 by request to allow for additional time to respond.
The Consumer Protection Regulations (‘Regulations’) were originally published on 30 December 2013 followed by a revised document referred to as Version 1.0.1 published on 7 February 2014.2 Due to the changes that have occurred in the sector and URCA’s experience with handling consumer complaints since the Regulations were first published, URCA found it necessary to update the Regulations to make them fit for purpose, clarify any ambiguity, and issue new measures in areas where consumers were not protected.
A copy of the full document may be downloaded below: ECS 02/2024 - Statement of Results and Final Decision - Revisions to the Consumer Protection Regulations for the Electronic Communications Sector ECS 04/2024 Preliminary Determination – Retail Fixed Market Review and Assessment
With this Preliminary Determination, the Utilities Regulation and Competition Authority (‘URCA’) informs Licensees, other stakeholders, and the public in general of its preliminary economic assessment of the competitive dynamics in the retail fixed service market in The Bahamas. In this consultation paper, URCA sets out its preliminary views and proposals arising from its market reviews of the provisioning of key retail communications services in The Bahamas under section 39(1) of the Communications Act, 2009 (the ‘Comms Act’ or the ‘Act’) and any resulting ex-ante regulatory obligations for SMP operators. The services considered in this market review are as follows: • Retail fixed voice telephony service; • Retail fixed broadband services; and • Retail pay TV services (including cable television services). The full PDF can be found below.ECS 08/2023 Final Determination and Order to Paramount Systems Ltd.
The Utilities Regulation and Competition Authority (“URCA”) issues this Final Determination and Order (“FDO”) to Paramount Systems Ltd. (“PSL” or “the Licensee”) pursuant to section 99(1) of the Communications Act, 2009 (“Comms Act”). This FDO is issued consequential to URCA’s own-initiative investigation concerning suspected breaches by PSL of the Code of Practice for Content Regulation ECS (Revised) 08/2020 (“the Code”) and Individual Spectrum Licence IS-09-0055 issued by URCA to PSL on 15 June 2017 (“the Licence”), and the Notice of Preliminary Determination and Draft Order - ECS 07/2023 dated 8 May 2023 issued by URCA to PSL (“PDDO”). URCA has determined that PSL has breached clauses 2.1(1), 2.1(2)(a), 2.1(2)(b), 2.4(1), 2.4(7), 3.1(1), 3.1(2), 5.1(1), 5.1(2), 5.1(3), 5.2(1), 5.4(3), 5.10(1), and 8.6(2) of the Code, and Condition 3.2 of the Licence. In accordance with section 100(5) of the Comms Act, this FDO provides URCA’s reasoning behind its determination in sufficient detail to enable it to be understood and the reasons for such decision to be known. A copy of the full document may be downloaded below: ECS 08/2023 Final Determination and Order to Paramount Systems Ltd.ES 05/2023 Statement of Result and Final Determination – Bakers Bay Utility Ltd.
The Utilities Regulation and Competition Authority (“URCA”) issues this Statement of Results and Final Decision (SoR) further to its “Consultation on Bakers Bay Utility Limited Proposed Tariff Amendment” (ES 02/2023) ("the Consultation Document”), published on the 13 March 2023. BBUC sought approval: (a) To modify BBUC’s electrical rate structure by splitting the electrical rate and method of billing into two parts, including a pass-through fuel rate and a non-fuel / tariff rate, and (b) To set the non-fuel / tariff rate at $0.36 per kWh in accordance with the Tariff Review Framework, Guidelines and Procedures for Public Electricity Suppliers document issued by URCA on July 1, 2021. The essence of BBUC’s application is that it proposes the disaggregation of the current unitary tariff rate into a fuel component and non-fuel component. A copy of the full document may be downloaded below ES 052023 Statement of Result and Final Determination - Bakers Bay Utility Ltd.ECS 04/2023 Comms Fee Reduction Guidance Note – Final
This Guidance Note provides procedural and substantive guidance for Licensees on the reduction in the Comms Licence Fee under the Communications Act (Amendment to Schedule 3) Order, 2022 (“the Order”). This includes guidance on: • URCA’s understanding of the Government’s policy objectives for the reduction in the Comms Licence scheme and the resulting verification process; • The application process for the reduction in the Comms Licence Fee; and • The principles of how URCA will conduct the verification processes, including the timeline for the verification process. This Guidance Note seeks to provide clarity and transparency for Licensees to ensure that they are in a position to benefit from the Order.ECS 03/2023 Comms Fee Reduction – Final Statement of Results
The Utilities Regulation and Competition Authority (“URCA”) issues its Statement of Results and Final Decision on the Guidance Note for Reductions in the Communications Licence Fee (“Comms Licence Fee”). URCA issued a Draft Guidance Note for consultation on 1 December 2022. That document had the following objectives: • to set forth URCA’s understanding of the Government’s policy objectives for the reductions in the Comms Licence scheme and the resulting verification process; • to set forth the application process for the reductions in the Comms Licence Fee; • to set forth the principles of how URCA will conduct the verification process, including the timeline for the verification process; and • to invite comments from stakeholders on URCA’s proposals. URCA replies to the main comments it has received with the consultation responses, followed by its final position consulted on. In so doing, URCA expressly states that failure on its part to respond in this document to any issue raised by respondents does not necessarily signify agreement in whole or in part with the comment, that it has not considered the comment, or that it considers the comment unimportant or without merit.- Apr 3, 2023
URCA 04/2023 Responses and Statement of Results & Final Decision following consultation on URCA’s 2023 Draft Annual Plan
Today, URCA releases its Responses and Statement of Results & Final Decision following consultation on URCA's 2023 Draft Annual Plan. The plan and responses can be found below: BPL Responses to URCA 2023 Draft Annual Plan BTC Response to URCA 2023 Draft Annual Plan CBL Aliv Response to URCA 2023 Draft Annual Plan Deborah H Deal Response to URCA 2023 Draft Annual Plan URCA 2023 DRAFT ANNUAL PLAN STATEMENT OF RESULTS AND FINAL DECISION (Coming 30 April 2023) URCA’s 2022 Annual Report and 2023 Annual Plan Media Contact: Juan McCartney Corporate and Consumer Relations Manager Utilities Regulation & Competition Authority Telephone: (242) 396-5242 Email: jmccartney@urcabahamas.bs - Mar 7, 2023
ES 05/2022 Statement of Results and Final Decision: Guidelines for the Electricity Sector on the Assessment of Fines for Breaches
The Utilities Regulation and Competition Authority (“URCA”), as the electricity sector regulator, considers the development of a regulatory frameworks governing the sector to be paramount to meeting its statutory obligations as defined in both the Electricity Act, 2015 (EA) and the URCA Act, 2009. Through both Acts, URCA is empowered to impose a regulatory penalty or fine on a licensee who breaches a provision of the EA, a license condition, regulatory and or other measures. The imposition of financial penalties for breaches is also a means to effectively ensure compliance with sector regulations and established standards. URCA undertook the consultation process to bring clarity and promote consistency with respect to how URCA will exercise its power to impose a fine on a licensee who breaches a provision of the EA, a license condition, regulatory and or other measures. The Utilities Regulation and Competition Authority (“URCA”) issues this Statement of Results and Final Decision (“SoR”) further to its Consultation Document on Guidelines for the Electricity Sector on the Assessment of Fines for Breaches, ES 02/2022, published on the 22 August 2022. URCA also hereby issues the “Guidelines for The Electricity Sector on The Assessment for Fines for Breaches”, ES 04/2022. - Mar 4, 2023
ES 01/2023 Statement of Result and Final Determination – Definition and Interpretation of a Major Outage In Public Electricity Supplier and Authorized Public Electricity Supplier Licenses
URCA issues this Statement of Results and Final Decision further to its Consultation on “Definition and Interpretation of a Major Outage in Public Electricity Supplier and Authorized Public Electricity Supplier Licenses – ES 02/2022” document (“the Consultation Document”) published on 1st November, 2022, in exercise of its powers under section 38(c) of the EA. URCA notes that the term major outage is defined in the definitions page of the licenses for a Public Electricity Supplier License (“PESL”) and an Authorized Public Electricity Supplier License (“APESL”) , but that term lacks the specificity necessary to provide guidance to licensees to respond to queries from URCA and within which URCA can provide the necessary regulatory oversight. Specifically, URCA considers that there is potential ambiguity when interpreting this term consequential to definitional omissions of key elements of the license. To remove this potential ambiguity for the purpose of interpreting what is a major outage, URCA engaged in a consultation procedure to define these terms on 1 November, 2022, received comments from stakeholders on 1 December, 2022 and now issues this SoR. This Statement of Results and Final Decision now sets out URCA’s response to the submissions received during the consultation process and presents URCA’s final decision as it relates to the appropriate definition of a “major outage” as used in the PESL and APESL.