On March 7, 2013, the Utilities Regulation and Competition Authority (URCA) issued a Final Determination and Order to the Bahamas Telecommunications Company Limited (BTC) regarding the operator’s network outage on June 18, 2012. The Final Determination upheld URCA’s preliminary finding [release issued January 2, 2013] that BTC breached Condition 27.1.1 (a) of its individual operating licence, by failing to take all reasonably practicable steps to maintain, to the greatest extent possible, the proper and effective functioning of its public telephone network.

URCA concluded that “the representations submitted by BTC, when taken at their highest, do not render nugatory URCA’s preliminary findings and therefore have not altered URCA’s preliminary conclusions that BTC has breached Condition 27.1.1(a) of the Licence”. BTC had been given until January 25, 2013 to respond to URCA’s Preliminary Determination and Draft Order.

The final Order requires BTC to:

1.    Submit to URCA the results of the impact analysis and risk assessment study conducted by Cable & Wireless Limited, London, within five (5) calendar days of such results being received by BTC; accompanied by submission of its work‐plan to address any issues highlighted in the study.
2.    Provide URCA with written confirmation that the back‐up power generator has been installed at the Poinciana Drive Technical Plant and that DC load testing has been completed. DC load testing results and the electrical grounding report must also be provided.
3.    Conduct preventative maintenance of its network, ancillary equipment and stand‐by equipment as required by the ensuing schedule:
o Weekly back‐up power systems (validated by transfer switch)
o Monthly testing/analysis of batteries
o Monthly analysis of information obtained from the data gathering unit (DGU)
o Bi‐annual DC load testing for batteries4.    Install power monitor(s) on incoming mains from the Bahamas Electricity Corporation.

5.    Maintain updated and proper network maintenance records, for inspection by URCA upon request.
6.    Conduct tests of stand‐by equipment in accordance with international standards and best practice. Updated records of such tests must be maintained and copies made available to URCA upon request.

Any failure by BTC to comply with URCA’s Order or any part thereof may result in a fine not exceeding ten per‐cent of the operator’s relevant turnover or other penalty determined by URCA in accordance with section 109 of the Communications Act.