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PUC Legislation

The following legislative documents are available for download in PDF format:

The PUC Act 1993

The Public Utilities Commission Act was passed in 1993 but did not come into operation until March, 2000 subsequent to its amendment in December, 1999. The Act establishes the Public Utilities Commission for the purpose of regulating 'controlled public utilities' . The controlled public utilities under the Act are electricity, telecommunications, water and sewerage and propane gas. Presently, the PUC regulates telecommunications only.

The PUC Act of 1993

This document must be reviewed in conjunction with the following amendments:

The PUC Act (amended)1999

Telecommunications Act

The Telecommunications Act was passed in December 1999 to replace the old Act under which The Bahamas Telecommunications Corporation (Batelco) was created. The Act was designed to create a new regulatory framework for telecommunications. It envisages a competitive environment for the telecommunications sector, and establishes a licensing regime for telecommunications. It provides for the establishment of a new company under the Companies Act, The Bahamas Telecommunications Company, to take over from The Bahamas Telecommunications Corporation, and for the privatisation of the company.

Prior to the coming into force of the Telecommunications Act, 1999, the economic and legal regulation of the utility sectors was the responsibility of the service provider, Batelco, and the Government. The service provider, therefore, regulated itself as well as private sector operators in areas where competition was permitted. The role of regulator has now been taken over by the Public Utilities Commission.

The Telecommunications Act

Telecommunications Sector Policy

The Public Utilities Commission (PUC) is expected to operate with a high level of autonomy. Direction from the Government is given through the Telecommunications Sector Policy, which it determines after consultation with the Commission. The Telecommunications Sector Policy is an official government document, published in the Gazette. However, Government s retains certain powers including the right to:

  • Make regulations concerning licence fees, where it decides that the fee should exceed the amount necessary to fund the activities of the Commission, for example in the case of licensing radio frequency spectrum.
  • Issue directions or make regulations in relation to the international obligations of The Bahamas.
  • Issue directions for national security or public security purposes.
  • Make regulations on which telecommunications operators may purchase or have access to public lands.

The Telecommunications Sector Policy came into effect in July 2001 and was revised in October 2002.

The Telecomunications Sector Policy

Recent Judicial Rulings

Caribbean Crossings License Modification

Ruling relating to the appeal by Caribbean Crossings Ltd relating to the modification of their Telecommunications license

Caribbean Crossings Ruling

CBL v. PUC Supreme Court Decision

This document gives an account of the court proceedings that took place between the Internet Service Provider Cable Bahamas Limited(CBL), and their request for a modification of the licence, with the Public Utilities Commission (PUC).

CBL Court Decision

 

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