Electronic Communications Bill | Eastern Caribbean Telecommunications Authority

The Electronic Communications Bill aims to overhaul the existing telecommunications legislation within the Eastern Caribbean Telecommunications Authority (ECTEL) contracting states. This reform involves repealing and replacing the existing Telecommunications Acts to encompass a broader scope, including all forms of electronic communications.

1. Scope and purpose

• The Bill extensively revises telecommunications laws across ECTEL member states, broadening the legislative framework to include all forms of electronic communications beyond traditional telecommunications.
• It aims to foster a liberalised market entry, ensuring non-discriminatory access and promoting robust competition. This includes mechanisms for fairness, transparency, and accountability in regulatory practices.

2. Regulatory framework and powers

• Minister’s role: The Minister of Telecommunications, on recommendations from ECTEL, can exempt certain entities or individuals from the bill’s provisions, including from fee payments. The Minister also sets broad policy guidelines after consultation with ECTEL and directs the National Telecommunications Regulatory Commission (NTRC) accordingly.
• National Telecommunications Regulatory Commission (NTRC): The bill specifies the continuation of the NTRC as a corporate body, which will have the authority to contract, sue, and manage property. The NTRC is tasked with the regulation and oversight of the sector, including licensing, monitoring compliance, setting technical standards, and consumer protection.
• Commission composition and powers: Commissioners are appointed with expertise across various fields such as finance, law, and electronic communications. The Commission has the power to delegate functions, impose fines, and issue procedural rules.

3. Licensing framework

• Detailed procedures are laid out for different types of licenses (individual and class licenses) and frequency authorisations. These include application processes, criteria for grant or refusal, conditions for modification, renewal, suspension, revocation, and surrender of licenses.
• Special licenses: Provisions for emergency situations where special licenses might be granted quickly.

4. Financial management and funding

• The establishment of the Electronic Communications Fund, sourced from various fees, grants, and allocations, is detailed. This fund is essential for the financial operations of the NTRC.
• Financial obligations and the financial year for the NTRC are specified, including auditing requirements and annual reporting to ensure transparency and accountability.

5. Regulation of competition

• The bill provides for the regulation of competition within the electronic communications sector to prevent anti-competitive practices. This includes defining anti-competitive agreements and the responsibilities of licensees with significant market power.
• Market analysis: The NTRC is tasked with conducting market analyses to identify and address any market power abuses.

6. Consumer protection and rights

• Provisions are made for consumer protection, ensuring that users have access to necessary services, and that their rights are protected in the electronic communications sector.
• The bill outlines obligations for licensees regarding service quality, data protection, and fair treatment of consumers.

7. Dispute resolution

• Mechanisms for resolving disputes between licensees and between licensees and consumers are established, including the role of the NTRC and the potential for referral to a newly established Electronic Communications Tribunal.

8. Miscellaneous provisions

• Includes general rules for the operation of electronic communications networks and services, emergency provisions, and specific conditions under which the government may intervene in the sector.

Each of these sections of the bill contains detailed legal stipulations designed to modernise and streamline the regulatory framework for electronic communications, reflecting technological advancements and the growing importance of digital services in the Eastern Caribbean region.

To date two ECTEL Contracting States have passed the EC Bill. On 18 February 2021, St Kitts and Nevis passed the EC Bill, and St Vincent and the Grenadines were the second member states to do so on 24 October 2022.