means a communications provider that requests access, within the meaning of section 24(8) of the ECA, from another communications provider

means a proceeding conducted in accordance with the standards and procedures specified in sections 74 to 83 of the RAA that establish the rights and obligations of the parties thereto

means a decision and order adopted by the Authority following an adjudication

includes a general determination, order, direction, decision, or other written determination by which the Authority establishes the legal rights and obligations of one or more sectoral participants, but does not include an advisory guideline or an adjudicative decision and order

means a written statement, issued by the Authority pursuant to section 68 of the RAA, that provides the Authority’s views regarding a specific matter, but is not legally binding

in relation to the Licensee means any holding company of the Licensee, any subsidiary of the Licensee or a subsidiary of a holding company of the Licensee

means the designation of a given frequency or frequencies for use by one or more types of radiocommunication service, under specified conditions where appropriate

means the appendices attached to an Agreement, as amended from time to time

means the grant of spectrum usage rights to a particular licensee

means those associated services, physical infrastructures and other facilities or elements associated with electronic communications that enable or support the provision of services via an electronic communications network or service or have the potential to do so, and includes buildings or entries to buildings, building wiring, antennae, towers and other supporting constructions, ducts, conduits, masts, manholes, cabinets and such other facilities that may be specified by the Authority

means those services associated with electronic communications which enable or support the provision of services by means of electronic communications or have the potential to do so, as specified by the Authority

means the Licensee’s auditors for the time being holding office in accordance with the requirements of the Companies Act 1981

means the Regulatory Authority of Bermuda, as established under the RAA

means a licence (including an individual licence), permit or other type of permission that the Authority may grant by administrative determination, pursuant to section 48 of the RAA

means a person that holds a valid licence, permit or other form of authorization, as the case may be, in accordance with sectoral legislation

means the Bermuda Electric Light Company Limited, as established pursuant to the Bermuda Electric Light Company Act 1951

means the Bermuda Telephone Company Acts of 1887, 1928 and 1929

means a radius of 180 nautical miles from the Bermuda Airport

means the Board of Commissioners of the Authority referred to in section 19(1) of the RAA

means the act of transmitting or re-transmitting in the frequency band allocated for broadcasting radiocommunications intended for direct reception and use by any member of the public without charge, and cognate expressions shall be construed accordingly

means a radio station that is used for broadcasting

means the generation of electricity using a system with an installed capacity at or above the Licence Threshold

as referenced in section 20(1)(a) of the EA authorizes the holder to engage in bulk generation of electricity

means any person who is granted a Bulk Generation Licence by the Authority.

means any day other than a Saturday, Sunday or other public holiday in Bermuda

means a mechanism that allows end-users to select, in advance, the communications provider of their choice to carry their calls without having to dial an operator-specific prefix or access code or install any special equipment at their premises

means the identity or location of the cell from which a mobile telephony call originated or in which it terminated

means the Chairman of the Board selected pursuant to section 22 of the RAA

means the person appointed as such by the Board pursuant to section 29 of the RAA

means a licence that is granted by the Authority pursuant to section 16(1)(b) of the ECA and the provisions of the Regulatory Authority Act 2011 to persons that meet the requirements of a particular class and any qualifications that may be required

means a licence that is granted by the Authority, in accordance with the RAA, the provisions of sectoral legislation and the requirements established by the Authority, to all persons that fall within the class and have the required qualifications

means a set of requirements and procedures governing certain aspects of sectoral providers’ business conduct

means a communications operating licence granted under section 16(1) and, for the avoidance of doubt, includes an ICOL

means the provision of physical space and technical facilities necessary to reasonably accommodate and connect the relevant equipment of an access seeker, as may be determined by the Authority in the given context

in relation to a particular provision or Part of an Act, means the date that the provision or Part, as the case may be, comes into force

means a voting member of the Board referred to in section 19(3) of the RAA

means an entity that constitutes a sectoral provider pursuant to the Regulatory Authority Act 2011 and provides electronic communications

means an auction process or a combined comparative selection process and auction

means a transaction described in section 87(4) of the RAA

means any information embodied in electronic form, regardless of whether it consists of words, symbols, numbers, data, images, or sounds

means, in respect of a corporation, the power, whether held directly or indirectly, to exercise decisive influence over a body corporate, including by directing its management and policies through ownership of shares, stocks or other securities or voting rights, or through an agreement or arrangement of any type, or otherwise,

means the treaties of the International Telecommunications Union currently in force, to which Bermuda is a party, including any modifications

means a process by which a private sector body authorized by the Authority adopts and implements a code of practice, and performs any other function specified by the Authority pursuant to the RAA or sectoral legislation, in consultation with, and subject to the approval of, the Authority

means historical cost, total cost, stand-alone cost, incremental cost, marginal cost, opportunity cost or other measure, as determined by the Regulatory Authority

means giving due consideration to the cost of producing a product or service

means services provided by a sectoral participant that are subject to supervision by the Authority pursuant to sectoral legislation

means the Commercial Renewable System Excess Energy Rate which is the sum of BELCO’s highest retail rate plus the Fuel Adjustment Rate

means equipment utilized by end-users for the purpose of originating or receiving electronic communications

means the Customs Department established under the Customs Department Act 1952

means calendar day, but shall mean the first business day following a Saturday, Sunday or other public holiday in any case in which a deadline stipulated by this Act falls on a day other than a business day

in relation to the Authority, means a decision issued by the Authority pursuant to section 65 of the RAA

means a fee that a sectoral provider may assess on end-users, through a separate line item on its invoices, the proceeds of which the sectoral provider is to pay to the Authority or to an entity designated by the Authority.

means all activities or programs undertaken by any person to influence the amount of electricity or timing of electricity they use

means the reduced demand for electricity resulting from demand side management

means an administrative determination made pursuant to section 64 instructing a sectoral participant to do, or not do, such things as are specified in the direction

as defined in the EA means generation using a system with an installed capacity below the licence threshold

means a person that has a Standard Contract

means the system of medium and low voltage electric lines and electrical plant and meters owned by the TD&R Licensee and used for conveying electricity without the use of the Transmission System, currently below 22kV

means a position of economic strength in the relevant market or markets that affords an undertaking the power to behave to an appreciable extent independently of its competitors, customers and, ultimately, consumers, the abuse of which may provide the basis for enforcement action

means the Electricity Act 2016

means Energy Commission, the body established under the Energy Act 2009 and which (i) advised the Minister in the discharge of his functions under that Act and (ii) considered BELCO’s proposals to vary its prices or charges and (iii) provide a recommendation to the Minister in relation to such proposed variations of its prices and charges and which ceased to exist when the Energy Act 2009 was repealed pursuant to section 65(1) of the EA which came into effect on the Commencement Date

means the Electronic Communications Act 2011

means the regulated industry sector involving the supply, transmission, distribution and consumption of electricity

means electronic communications networks or electronic communications services, or both, as the context requires

means a transmission system and, where applicable, switching or routing equipment and other resources, including network elements that are not active, which permit the conveyance of signals by wire, radio, optical or other electromagnetic means, irrespective of the type of information conveyed, including— satellite networks fixed (circuit and packet-switched, including Internet Protocol) and mobile networks electricity cable systems to the extent used for the purpose of transmitting signals wireless networks operating outside the band allocated for broadcasting and wireline circuits used for the purpose of transmitting programming or other content to, or for the reception of the same by, a broadcasting station and networks used for the distribution of subscription audiovisual services

means the regulated industry sector involving the supply and consumption of electronic communications

means a service normally provided for remuneration which consists wholly or mainly of the conveyance of signals by means of electronic communications networks, including the distribution and provision of subscription audiovisual services

means a person that uses electric power provided by the TD&R Licensee on a retail basis

means any of the actions specified in section 93(5) of the RAA

means a regulatory obligation imposed by the Authority on one or more sectoral providers with significant market power in order to prevent anti-competitive conduct and promote competition

means any written or oral communication made to a Commissioner, member of the staff or a presiding officer regarding a matter in issue in an ongoing public consultation or adjudication, other than— a written submission made pursuant to a consultation document a written submission served on all parties to an adjudication or an oral statement made in a hearing for which a transcript is prepared

means any rules, requirements or obligations established by the Authority in accordance with sections 84(1)(a), 85 and 86 of the RAA

means the Fuel Adjustment Rate, a mechanism that is designed to recover the cost of fuel used to produce electricity, calculated based on the cost of fuel per barrel and its projected usage

means the pre-determined rate at which renewable energy is purchased by the TD&R Licensee from a distributed generator, for a predetermined period, and under pre-determined conditions in accordance with Part 6 of the EA

means the Authority’s financial year as defined in section 37 of the

means a decision and order issued by the Authority in making an administrative determination or concluding an adjudication that is subject to appeal without any further administrative proceeding, and does not include the adoption of requests pursuant to section 10, advisory guidelines pursuant to section 68, a decision not to initiate a public consultation pursuant to section 69(4), or recommendations or reports pursuant to section 72 (all sections within the RAA)

means an input used to provide a covered service, for which the supply is limited

means a minimum speed and quality of service for accessing the Internet, as appropriate for Bermuda, taking into account local requirements and regional and international trends

means a statutory instrument, made pursuant to section 62 of the RAA, that is applicable to all sectoral participants, or to such sub-category of sectoral participants as fall within the scope of the statutory instrument

means the fees established in connection with the grant of an authorization pursuant to section 52

means the code developed by the TD&R Licensee, with the approval of the Authority, in compliance with its licence― for the operation of the transmission system and covering all material technical aspects relating to― connections to and the operation and use of, the transmission and distribution system or the operation of electrical installations required for the operation of the transmission and distribution system

means an emission, radiation, induction, conduction or other electromagnetic effect which endangers the functioning of a radio navigation service or other safety services or seriously degrades, obstructs or repeatedly interrupts any radiocommunication service operating in accordance with applicable regulations or administrative determinations and the Convention, as determined by the Authority, but does not include interference from a radio transmitter operated on its allocated frequency in accordance with applicable regulations or administrative determinations and the Convention

means High Demand Spectrum frequency

means an integrated communications operating licence described in section 18(1) of the ECA

means a licence that is granted by the Authority to a specific person in accordance with this Act, the provisions of sectoral legislation and the requirements established by the Authority, for which a person must file an application and obtain the approval of the Authority

means a portion of the economy in which undertakings pursue a common business

means an adjudication conducted in the manner specified in section 81 of the RAA

means a person appointed or designated as such, by the Authority, under section 92(1) of the RAA

means the electrical connection of a generating station of a licensee, or of a distributed generation unit, to the TD&R Licensee

means the physical and logical linking of public electronic communications networks and any other networks specified by the Authority that are used by the same or a different communications provider in order to allow the users of one communications provider to communicate with users of the same or another communications provider, or to access services provided by another communications provider within the meaning of section 24(8) of the ECA

means the global information system that is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite or its subsequent extensions or follow-ons, and other IP-compatible protocols

means an electronic communications service that provides an end-user with the ability to access and send information by means of the Internet

means the technical features or functional capability of a group of interconnected systems, including equipment owned and operated by the customer that is attached to a public electronic communications network, which ensure end-to-end provision of a given service in a consistent and predictable manner

means the procedure described in section 89 of the RAA

means the Integrated Resource Plan, an energy plan for the supply of electricity in Bermuda approved by the Authority in accordance with, and set out in the matters required by, Part 8 of the EA

the unit of electric power equal to 1,000 watts

means self-supply at or above the licence threshold

As referenced in section 20(1)(a) of the EA that authorizes the holder to engage in large scale self-supply of electricity

law(s), body of laws, rules, rulings, regulations, acts, bills statutes, enactments, ordinances

means a valid licence granted by the Authority under an Act

means an administrative determination made by the Authority that no form of authorization from the Authority is required in order to undertake an activity that would otherwise require authorization

means a person that holds a valid licence in accordance with an Act

means the installed capacity prescribed by regulations from which a licence is required for generation

means a person that holds a valid licence in accordance with this Act

means data processed in an electronic communications network indicating the geographical position of the terminal equipment of a user of a public electronic communications service, including data relating to— the cell ID or the latitude, longitude or altitude of the terminal equipment the direction of travel of the user or the time the location information was recorded

means the physical circuit connecting the network termination point to a distribution frame or equivalent facility in a fixed public electronic communications network

means the Minister responsible for the Electricity sector, which is the Minister of Economic Development for Bermuda

means a declaration issued by a Minister pursuant to section 4(2) of the RAA

means a direction made pursuant to section 7 of the RAA

means a situation in which, in any year, after accounting for bad and doubtful debts, depreciation in assets and other contingencies, the Authority’s costs exceed its revenues

means a situation in which, in any year, after accounting for bad and doubtful debts, depreciation in assets and other contingencies, the Authority’s revenues exceed its costs

means a local loop, sub-loop or other element of an optical fibre, copper or co-axial network, as specified by the Authority in relation to a relevant product market

means not unreasonably discriminatory and cognate expressions shall be construed accordingly

means to modify the terms of a licence granted prior to the date of commencement of Part 12 to conform to the provisions of this Act and any regulations or administrative determinations made in accordance with this Act and cognate expressions shall be construed accordingly

means an integrated telephone numbering plan serving various North American countries and Bermuda, which share its resources

means the system or plan established in accordance with Part 8 that establishes a format of codes and subscriber numbers for routing public electronic communications services to specific locations in Bermuda and facilitates switching to international destinations

in relation to the Authority, means the website referred to in section 18 of the Regulatory Authority Act 2011

means the Regulatory Authority Operating Fund established pursuant to section 39 of the RAA

in relation to an order issued by the Authority, means an administrative determination issued for any of the purposes specified in section 63 in RAA

means a person that holds a valid permit in accordance with an Act

means information relating to an identified or identifiable person including but not limited to subscriber details, traffic data, and location data

means the Bermuda Police Service

means an agreement entered into under section 48 between the TD&R Licensee and a Bulk Generation Licensee, approved by the Authority, whereby the TD&R Licensee contracts to purchase or acquire electricity generated by the Bulk Generation Licensee as specified in the agreement

means a person designated in accordance with section 76 in RAA

means an electronic communications network or an electronic communications service that is not a public electronic communications network or a public electronic communications service

means no more than reasonably necessary to achieve a given regulatory objective, taking into account the relative cost of compliance and the ultimate benefit to consumers

is a COL held by a licensee that is authorized to provide public electronic communications “public electronic communications”

means the procedure, pursuant to sections 69 to 73, by which the Authority may establish rights and obligations of general applicability

means a public electronic communications network or a public electronic communications service

means an electronic communications network that is used wholly or mainly for the provision of public electronic communications services

means an electronic communications service that is offered, and is generally available, to members of the public and, where a general determination has been made under section 14(d), is classified as such in accordance with the general determination

means a licence to provide a public telecommunications service, including any subscription television licence, subscription radio licence or any other form of authorization allowing the provision of electronic communications, held in the name of any person listed in Schedule 1 as at the date of commencement of

means a service as defined in section 2 of the Telecommunications Act 1986, whether or not subject to a licence issued by the Minister

means Regulatory Authority Act 2011

means any equipment, machinery or device used for the transmission of radio signals utilizing radio spectrum

means an authorization that the Authority may grant to a person operating a radio apparatus

means the transmission or reception of signals by means of radio spectrum

means an electronic communications service that is transmitted or received by means of radio spectrum

means a system or equipment, as the case may be, that transmits or receives electronic communications by means of radio spectrum

means a radio frequency or frequencies of naturally propagated electromagnetic waves that are used for the transmission and reception of electronic communications signals

means facilities for the transmission of radio signals

means rights to use radio spectrum that are enjoyed without a licence or licence exemption in accordance with the provisions of this Act and applicable regulations by— a Government Department or a user to which the right to use spectrum has been transferred in whole or in part by a duly authorized spectrum licensee where permitted by applicable regulations and the terms of the original licence

means the person responsible for ensuring that the Authority complies with any statutory requirement regarding public access to information, privacy and data protection

means an industry sector listed in the Schedule, such industry sector being subject to supervision, monitoring or regulation by the Authority, pursuant to sectoral legislation

means a statutory instrument made by a Minister pursuant to the Statutory Instruments Act 1977, that is applicable to all sectoral participants in the sector for which the Minister is responsible, or to such sub-category of sectoral participants as fall within the scope of the statutory instrument

means the fees established to fund the operation of the Authority under section 44 of the RAA and payable by the Licensee under Condition 4

means the geographic area in which sectoral providers offer products or services in competition with each other

means the market in which goods or services compete

means the market for products or services that consumers perceive as substitutable or interchangeable based on the characteristics of the products or services, their pricing and their intended use

means, for the purposes of calculating applicable fees under this Act, the portion of a licence holder’s total turnover minus payments to other COL holders, as specified by the Authority

means energy that comes from resources that are constantly replenished, and includes energy produced by solar, wind, biomass, landfill gas, municipal solid waste, ocean (including tidal, wave, current, and thermal), geothermal, or hydro resources

means the Regulatory Authority Reserve Fund established pursuant to section 40 of the RAA

means the minimum price that the Government will accept as a winning bid in an auction

means the sale of electric power by the TD&R Licensee to the end-user

means a type of market or service that involves the provision of public electronic communications services to end-users which do not themselves operate or provide public electronic communications to others

means, when referring to the Authority, a rule of procedure or internal rule applicable to the conduct of the Authority’s activities or affairs

means the Secretary of the Authority

means primary legislation empowering the Authority to supervise, monitor and regulate an industry sector and specifying substantive provisions governing that sector

means a person who provides, uses or seeks to use a good or service in a regulated industry sector, but does not include the Authority

means the committee established pursuant to section 20 to select the Commissioners

means a person, whether or not an authorization holder, who provides a good or service in the regulated sector

means a process by which a private sector body authorized by the Authority adopts and implements a code of practice and performs any other function specified by the Authority pursuant to this Act or sectoral legislation

means a position of economic strength in the relevant market or markets that affords an undertaking, either individually or jointly with others, the power to behave to an appreciable extent independently of competitors, customers and ultimately consumers, which may provide a basis for the imposition of ex ante remedies

means an authorization holder, designated by the Authority pursuant to section 87(1) of the RAA, that is required to obtain the Authority’s approval prior to entering into a concentration “staff” means the officers, servants and agents of the Authority appointed pursuant to section 28 of the RAA, and the Chief Executive, but does not include the Commissioners.

means generation using a system that is not interconnected to any part of the transmission and distribution network

means a technology in which sunlight is converted into electrical power

means a radio frequency or frequencies of naturally propagated electromagnetic waves that are used for the transmission and reception of electronic communications signals

means a contract referred to in section 49 of the EA

means any natural person or legal entity that is party to a contract with a communications provider for the supply of public electronic communications services or subscription audiovisual services

means programming, applications, electronic programming guides and other services that are provided by a body corporate on the basis of a subscription for a fee or some other form of prior individual permission, by means of electronic communications networks, and may include subscription radio services, subscription television services or both

means a service provided by a body corporate consisting of programmes and other services to authorized subscribers for their instruction, information and entertainment by means of visual images or sounds conveyed by radiocommunication from a common centre but does not include any service for which— no fee or charge is levied or made in respect thereof and the transmission includes only matter which is being simultaneously broadcast to the public in Bermuda by a licensed broadcasting station

means a service provided by a body corporate consisting of programmes and other services to persons for their instruction, information and entertainment by means of visual images and sounds conveyed by wire or wireless communication from a common centre but does not include— any such service that serves— fewer than five dwelling houses or persons in one or more contiguous multiple unit dwelling (or dwellings) under common ownership, control or management and any service for which— no fee or charge is levied or made in respect thereof and the transmission includes only content which is being simultaneously broadcast to the public in Bermuda by a licensed broadcasting station

means towers, masts, buildings or other facilities upon which radiocommunication equipment may be affixed

means a message, signal or any other information transmitted by means of electronic communications

means any person employed in connection with a public electronic communications service or a government operated electronic communications service other than a service operated by the Police or Royal Bermuda Regiment

means transmission, distribution and retail

means the Transmission, Distribution and Retail Licence referenced in section 20(1)(a) of the EA

means the person that is granted the TD&R Licence by the Authority pursuant to the EA

means all revenue generated by or otherwise attributable to the provision of any and all electronic communications under a licence holder’s COL, which either originate or terminate in Bermuda, or both, regardless of where the agreement for the provision of such services is executed or remuneration for the provision of such services is paid

means the period from the Commencement Date until the date on which the TD&R Licence and other relevant licences referenced in section 20 of the EA are granted by the Authority to any person that was lawfully generating, transmitting, distributing or retailing electric power immediately prior to the Commencement Date

means the system of high voltage electric lines and electrical plant and meters owned by the TD&R Licensee and used for conveying electricity from a generating station to a sub-station, from one sub-station to another and from one generating station to another, currently above 22kV

means the provision to an access seeker of a network element which is owned by, or under the control of, another communications provider that has been determined to have significant market power in the relevant market

means the minimum set of services defined pursuant to sections 32 and 33 of the ECA

means the person that holds the TD&R Licence

means any natural person using an electronic communications service, for residential or business purposes, whether or not the person has subscribed to such service

means a unique identifier allocated to persons when they subscribe to or register with an Internet access service

means the transmission of signals representing the human voice over a public electronic communications network, including transmissions using Internet Protocol technology that involves the origination and termination of voice transmissions over the public switched telephone network, as may be determined by the Authority

means the transmission and distribution of power not procured by the Utility over the transmission and distribution network of the Utility.

means a type of market or service that involves the provision of public electronic communications networks or public electronic communications services by one holder of a public COL to another holder of a public COL or other type of licensee deemed eligible by the Authority