a communications provider that requests access, within the meaning of section 24(8) of the Electronic Communications Act 2011, from another communications provider

a proceeding conducted in accordance with the standards and procedures specified in sections 74 to 83 of the Regulatory Authority Act 2011 that establish the rights and obligations of the parties thereto

a decision and order adopted by the RA following an adjudication

includes a General Determination (GD), Order, Direction, Decision or other written determination by which the RA establishes the legal rights and obligations of one or more sectoral participants, but does not include an Advisory Guideline or Adjudicative Decision and Order

a written statement issued by the RA pursuant to section 68 of the Regulatory Authority Act 2011 that provides the RA’s views regarding a specific matter, but is not legally binding

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

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

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

the grant of spectrum usage rights to a particular Licencee

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 RA

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 RA

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

the Regulatory Authority of Bermuda, as established under the Regulatory Authority Act 2011

a licence (including an individual licence), permit or other type of permission that the RA may grant by Administrative Determination pursuant to section 48 of the Regulatory Authority Act 2011

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

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

the Bermuda Telephone Company Acts of 1887, 1928 and 1929

a radius of 180 nautical miles from the L. F. Wade International Airport

the Board of Commissioners of the RA, referred to in section 19(1) of the Regulatory Authority Act 2011

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

a radio station that is used for broadcasting

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 Electricity Act 2016, authorises the licence holder to engage in bulk generation of electricity

any person who is granted a Bulk Generation Licence by the RA

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

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

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

the Chairman of the RA’s Board of Commissioners, selected pursuant to section 22 of the Regulatory Authority Act 2011

the person appointed as such by the RA’s Board of Commissioners, pursuant to section 29 of the Regulatory Authority Act 2011

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

a licence that is granted by the RA to all persons that fall within the class and have the required qualifications, in accordance with the Regulatory Authority Act 2011, the provisions of sectoral legislation and the requirements established by the RA

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

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

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 RA 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

a voting member of the RA’s Board of Commissioners, as referred to in section 19(3) of the Regulatory Authority Act 2011

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

an auction process or a combined comparative selection process and auction

a transaction, as described in section 87(4) of the Regulatory Authority Act 2011

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

in respect to 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

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

a process by which a private sector body authorised by the RA adopts and implements a code of practice and performs any other function specified by the RA pursuant to the Regulatory Authority Act 2011 or sectoral legislation, in consultation with and subject to the approval of the RA

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

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

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

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

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

HM Customs, a department of the Bermuda Government as established under the Customs Department Act 1952

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

in relation to the RA, means a Decision issued by the RA pursuant to section 65 of the Regulatory Authority Act 2011

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 RA or to an entity designated by the RA

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

the reduced demand for electricity resulting from demand side management

an Administrative Determination made pursuant to section 64 of the Regulatory Authority Act 2011, instructing a sectoral participant to do, or not do, such things as are specified in the Direction

electricity generation using a system with an installed capacity below the licence threshold, as defined in the Electricity Act 2016

a person that has a standard contract for electricity generation

the system of medium and low voltage electric lines and electrical plant and meters owned by the transmission, distribution and retail (TD&R) Licensee and used for conveying electricity without the use of the transmission system, currently below 22kV

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

the Electricity Act 2016 — click here to access the legislation

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

the Electronic Communications Act 2011 — click here to access the legislation

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

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

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

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

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

a person that uses electric power provided by the transmission, distribution and retail (TD&R) Licensee on a retail basis

any of the actions specified in section 93(5) of the Regulatory Authority Act 2011

a regulatory obligation imposed by the RA 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 staff or a presiding officer of the RA regarding a matter or 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 RA in accordance with sections 84(1)(a), 85 and 86 of the Regulatory Authority Act 2011

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

Feed-In Tariff is the pre-determined rate at which renewable energy is purchased by the transmission, distribution and retail (TD&R) Licensee from a distributed generator, for a pre-determined period and under pre-determined conditions, in accordance with Part 6 of the Electricity Act 2016

the RA’s financial year as defined in section 37 of the Regulatory Authority Act 2011

a Decision and Order issued by the RA 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 Regulatory Authority Act 2011)

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

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

a statutory instrument, made pursuant to section 62 of the Regulatory Authority Act 2011, that is applicable to all sectoral participants, or to such sub-category of sectoral participants as fall within the scope of the statutory instrument

the fees established in connection with the grant of an authorisation pursuant to section 52 of the Regulatory Authority Act 2011

the code developed by the electricity transmission, distribution and retail (TD&R) Licensee, with the approval of the RA, 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

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 RA, 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

High Demand Spectrum frequency

an integrated communications operating licence as described in section 18(1) of the Electronic Communications Act 2011

a licence that is granted by the RA to a specific person in accordance with the Regulatory Authority Act 2011, the Electronic Communications Act 2011, the provisions of sectoral legislation and the requirements established by the RA, for which a person must file an application and obtain the approval of the RA

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

an adjudication conducted in the manner specified in section 81 of the Regulatory Authority Act 2011

a person appointed or designated as such, by the RA, under section 92(1) of the Regulatory Authority Act 2011

the electrical connection of a generating station of a Licencee, or of a distributed generation unit, to the transmission, distribution and retail (TD&R) Licensee

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 Electronic Communications Act 2011

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

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

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

the procedure described in section 89 of the Regulatory Authority Act 2011

the Integrated Resource Plan, an energy plan for the supply of electricity in Bermuda approved by the RA in accordance with, and set out in the matters required by, Part 8 of the Electricity Act 2016 — the first IRP was published in July, 2019, and is a forecast of the island’s long-term electricity needs for the next 25 years with a primary focus on renewable energy sources — click here to access additional information about the IRP

the unit of electric power equal to 1,000 watts

self-supply of electricity at or above the licence threshold

as referenced in section 20(1)(a) of the Electricity Act 2016, which authorises the holder to engage in large scale self-supply of electricity

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

a valid licence granted by the RA under an Act

an Administrative Determination made by the RA that no form of authorisation from the RA is required in order to undertake an activity that would otherwise require authorisation

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

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

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

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

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

the Minister responsible for the Electricity and Electronic Communications sectors, which is the Minister of Home Affairs for the Government of Bermuda

a declaration issued by a Minister pursuant to section 4(2) of the Regulatory Authority Act 2011

a direction made pursuant to section 7 of the Regulatory Authority Act 2011

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

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

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

not unreasonably discriminatory and cognate expressions shall be construed accordingly

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

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

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

the Regulatory Authority Operating Fund established pursuant to section 39 of the Regulatory Authority Act 2011

in relation to an order issued by the RA, means an Administrative Determination issued for any of the purposes specified in section 63 in Regulatory Authority Act 2011

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

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

the Bermuda Police Service

an agreement entered into under section 48 between the transmission, distribution and retail (TD&R) Licencee and a Bulk Generation Licencee, approved by the RA, whereby the TD&R Licencee contracts to purchase or acquire electricity generated by the Bulk Generation Licencee as specified in the agreement

a person designated in accordance with section 76 in Regulatory Authority Act 2011

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

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

a communications operating licence (COL) held by a licencee that is authorised to provide public electronic communications “public electronic communications”

the procedure, pursuant to sections 69 to 73 of the Regulatory Authority Act 2011, by which the RA may establish rights and obligations of general applicability

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

an electronic communications service that is offered, and is generally available, to members of the public and, where a General Determination (GD) has been made under section 14(d) of the Electronic Communications Act 2011, is classified as such in accordance with the GD

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

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

Regulatory Authority Act 2011

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

an authorisation that the RA may grant to a person operating a radio apparatus

the transmission or reception of signals by means of radio spectrum

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

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

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

facilities for the transmission of radio signals

rights to use radio spectrum that are enjoyed without a licence or licence exemption in accordance with the provisions of the 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 authorised spectrum licencee where permitted by applicable regulations and the terms of the original licence

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

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

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

the fees established to fund the operation of the RA under section 44 of the Regulatory Authority Act 2011 and payable by the Licensee under Condition 4

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

the market in which goods or services compete

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

for the purposes of calculating applicable fees under the Act, the portion of a licence holder’s total turnover minus payments to other communications operating licence (COL) holders, as specified by the RA

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

the Regulatory Authority Reserve Fund established pursuant to section 40 of the Regulatory Authority Act 2011

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

the sale of electric power by the transmission, distribution and retail (TD&R) Licencee to the end-user

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

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

the Secretary of the RA

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

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

the committee established pursuant to section 20 to select Commissioners for the RA’s Board of Commissioners

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

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

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

an authorisation holder, designated by the RA pursuant to section 87(1) of the Regulatory Authority Act 2011, that is required to obtain the RA’s approval prior to entering into a concentration

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

a technology in which sunlight is converted into electrical power

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

a contract referred to in section 49 of the Electricity Act 2016

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

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

a service provided by a body corporate consisting of programmes and other services to authorised 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 licenced broadcasting station

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 licenced broadcasting station

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

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

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 Bermuda Police Service or Royal Bermuda Regiment

transmission, distribution and retail

the Transmission, Distribution and Retail Licence referenced in section 20(1)(a) of the Electricity Act 2016

the person that is granted the transmission, distribution and retail (TD&R) Licence by the RA pursuant to the Electricity Act 2016

all revenue generated by or otherwise attributable to the provision of any and all electronic communications under a licence holder’s communications operating licence (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

the period from the Commencement Date until the date on which the transmission, distribution and retail (TD&R) Licence and other relevant licences referenced in section 20 of the Electricity Act 2016 are granted by the RA to any person that was lawfully generating, transmitting, distributing or retailing electric power immediately prior to the Commencement Date

the system of high voltage electric lines and electrical plant and meters owned by the transmission, distribution and retail (TD&R) Licencee 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

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

the minimum set of services defined pursuant to sections 32 and 33 of the Electronic Communications Act 2011

the person that holds the transmission, distribution and retail (TD&R) Licence

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

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

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 RA

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

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