Regulatory Authority
NOTICE OF
QUALIFYING APPLICATIONS FOR NEW INTEGRATED COMMUNICATIONS OPERATING AND OTHER COMMUNICATIONS OPERATING LICENCES
On 16 August 2019, the Regulatory Authority (“RA”) issued the Final Report, Decision and Order and General Determination (“Final Decision”) on the application process for new Integrated Communications Operating Licences (“ICOLs”). In accordance the Final Decision and the Communications Operating Licence Policy issued by the Minister of Home Affairs (“Minister”) on 24 October 2019, the RA issued the ICOL Application and Open Window Decision and Order (“Open Window Order”) on 25 October 2019 that established an open window period for submitting ICOL applications commencing on 27 January 2020 and ending on 28 February 2020.
Based on its review of applications timely received by the RA in response to the Open Window Order, the RA preliminarily concludes that the applications listed below are Qualifying Applications as defined by the Final Decision, insofar as they meet:
- the basic eligibility requirements (as set by the Minister);
- the minimum necessary thresholds in relation to financial resources, experience, qualifications, business plan and financial plan; and
- proof of insurance cover commitment.
Proposed Qualifying Applications for ICOLs:
Cable & Wireless Network Services Limited (“C&W”)
Application received on 27 February 2020.
C&W proposes to serve existing ICOL holders, who will each use their local network infrastructure to access and interconnect with its international capacity services.
Horizon Communications
Application received on 24 January 2020.
Horizon Communications proposes to build an island-wide wireless LTE and multi-path redundant microwave backhaul network to provide internet, VOIP, IPTV, and other services such as data center space throughout the country.
Paradise Mobile Ltd.
Application received on 27 February 2020.
Paradise Mobile Ltd. proposes to build an island-wide mobile wireless network.
Proposed Creation of New Form of Communications Operating Licence (“COL”) and Grant of Application:
In line with the Final Decision, the Authority also proposes to approve a new form of COL, for convenience referenced as a “SubCOL.” This form of COL would be available to any applicant that meets the COL eligibility and other procedural requirements and is prepared to operate subject to the conditions of this new form of licence. The RA proposes that the SubCOL would be available only to an Authorized Submarine Cable Operator (“ASCO”) or an affiliate of such ASCO. An ASCO would include any submarine cable operator that:
- was in existence before the coming into force of the Submarine Communications Cables Act 2020 (“SCCA”), and/or whose submarine cable operations have been “grandfathered” pursuant to SCCA Section 80; or
- obtains a Submarine Cable Licence under Part 6 the SCCA when such licences become available.
The RA also proposes that:
- the SubCOL would authorize the licence holder (an ASCO or its affiliate) to provide international wholesale services to ICOL holders using the licence holder’s, or its affiliate’s, capacity on international submarine cables landing in Bermuda; and
- the provision of any additional electronic communications networks or services within Bermuda, including backhaul to the point of presence of the licensee’s wholesale customers, would be outside the scope of the activities authorized by the SubCOL.
The RA has received an application from C&W for a SubCOL as defined above. C&W has requested that the RA’s consideration of its ICOL application be subordinated to C&W’s SubCOL application and granted in lieu of the ICOL application.
Public Consultation:
The RA is opening a public consultation inviting comments from members of the public, including electronic communications sectoral participants and sectoral providers, as well as other interested parties, with respect to:
- the multiple applications submitted to the RA for new ICOLs;
- the proposed creation of a SubCOL; and
- the application submitted to the RA for a SubCOL.