By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Cable Bahamas is urging regulators to “cure this abuse” and “unnecessary financial burden” caused by governments dismissing its directors before they have completed their full term in office.

The BISX-listed communications provider renewed its call for legislative reforms to prevent the Utilities Regulation and Competition Authority (URCA) from being “compromised by political transitions” when the administration changes following a general election. It argued that the regulator’s contention that the issue is above its pay grade is little mote than “a flimsy excuse”.

Hitting out in its response to URCA’s draft 2025 annual plan, Cable Bahamas said: “Yet again the Cable Bahamas group calls for an amendment to the URCA Act - Sections 18 and 20 in Part IV on the appointment of Board members - which results in significant financial payments to dismissed Commissioners who have not been allowed to serve out their complete term of appointment due to a change in administration.

“The URCA Board is every five years being treated as any other government Board rather than observing the requirements of the URCA Act for staggered appointments, which cross over into administration changes to ensure continuity. The result is an additional and unnecessary financial burden on licensees every five years, which is unconscionable and requires salary payments for working and non-working commissioners.

“URCA’s response in its statement of results and final determination in the 2024 draft annual plan - that the matter is out of URCA’s hands and is a government responsibility - is a flimsy excuse which allows the ongoing abuse to persist. The group is satisfied that as it has done with past amendments, URCA does have sufficient influence with the administration to cure this abuse and it must do so forthwith.”

Ramming the point home later in its response, Cable Bahamas added: “The group respectfully urges the administration to honour the statutory tenure of commissioners and refrain from prematurely terminating their appointments due to changes in government.

“URCA was established as an independent and autonomous regulator, intended to function without political interference. It is imperative that URCA itself upholds and safeguards this statutory measure, ensuring its role is not compromised by political transitions.” URCA did not specifically address these concerns in its response to the feedback.

However, Cable Bahamas in calling for “a balanced approach” to URCA’s consumer protection drive hinted that it feels the regulator sometimes moves to fair against its communications licensees. And it also urged URCA to tackle the impact unreliable electricity supply has on its and other operators’ performances given that it also has regulatory authority over Bahamas Power & Light (BPL).

“While URCA’s emphasis on consumer protection as a major objective is acknowledged, there is a concern that this focus may sometimes overshadow the need for a balanced approach that also considers the interests of licensees,” the BISX-listed communications provider argued.

“Similarly, with the Quality of Service standards, it appears that URCA may not fully appreciate the critical inter-dependencies between telecoms licensees and the electricity supply, as well as other telecoms licensees with which the group interconnects.

“URCA’s apparent reluctance to intervene in these areas, which can significantly impact both licensees and customers, is concerning. Additionally, it is disappointing to note the absence of references to the reliability and resiliency of the electricity supply or the imposition of fines or penalties on electricity providers for their poor quality of service, which directly affects the quality of service provided by the group.”

The Bahamas Telecommunications Company (BTC), meanwhile, argued that some of the universal service obligations (USO) imposed on it are now irrelevant given the advance of mobile technology and over-the-top (OTT) applications.

“BTC acknowledges the foregoing universal service obligations are no longer applicable in this rapidly evolving electronic communications sector,” it argued. “BTC reiterates its 2023 response to this project which states BTC’s appreciation for necessity for basic access to electronic communication services for all.

“BTC is of the view that the selection of a universal service should be a relevant and useful service for the consumer and cost effective for the service provider. The Communications Act list services for which BTC is the designated universal service provider, namely basic dial-up Internet services to populated areas, basic dial-up Internet services free of charge to specified institutions, basic telephony services to all populated areas and public access to pay apparatus.

“As it stands, services such as dial-up Internet and pay phones are non-existent with the ubiquity of mobile phones and OTT services. Furthermore, BTC is of the view that a gap analysis of the USO should be done in concert with the results of the 2022 mobile market review, the 2024 fixed service review and the review of satellite operators to make a conclusive decision.

“BTC looks forward to fair and collaborative discussion with URCA on the USO and universal service fund for the continued advancement of the electronic communications sector in The Bahamas.”