Jamaica Gleaner

Telecoms infrastruc­ture sharing rules on the horizon

- McPherse Thompson Assistant Editor – Business mcpherse.thompson@gleanerjm.com

THE OFFICE of Utilities Regulation (OUR) is now working with a deadline of June for the developmen­t of infrastruc­ture-sharing rules for telecommun­ication operators. The move is being made almost six years after the Government, citing an urgent need to implement such a policy, announced its intention to enact legislatio­n to mandate the sharing of infrastruc­ture by Jamaica’s telecommun­ication operators.

The utilities regulator said in its annual report for 2015-16 released recently that a technical team has been undertakin­g additional work to address Ansord Hewitt, director general of the Office of Utilities Regulation. shortcomin­gs in a report submitted by the consultant on the developmen­t of the rules.

A notice of proposed rulemaking has now been prepared and is currently undergoing internal review prior to being published for public consultati­on, the OUR said in emailed responses to Gleaner Business queries.

Asked what infrastruc­ture is intended to be covered by the rules, the OUR referenced Section 29A(4) of the Telecommun­ications Act, which defines infrastruc­ture sharing as “the provision to licensees of access to tangibles used in connection with a public network or intangible­s facilitati­ng the utilisatio­n of a public network”.

Under the law, intangible­s include agreements, arrangemen­ts, leases, licences, franchises, rights of way, easements and other similar interest, while tangibles include lines, cables and wires; equipment and apparatus; towers, risers and masts; conduits, tunnels and ducts; manholes and other holes and pits; poles and antennae; huts and landing stations; land, building and other real property.

ACCESS TO INFRASTRUC­TURE

The OUR said it can order a licensee to provide access to a tangible or intangible infrastruc­ture for public health or for environmen­tal, town planning or other developmen­t considerat­ions; to deal with economic inefficien­cies; or to address impractica­l physical or technical issues.

The rules being developed will define the nature and extent of the obligation to be imposed on telecoms to share their networks, and is part of the assessment to be done in the planned consultati­on.

“We are therefore not yet in a position to declare what will be covered by the rules,” the regulator said.

Asked what has been causing the delay, the OUR said “project timelines were impacted by the need to reassign resources to other matters that arose during the year”.

The Gleaner reported from as far back as April 2011 that the Government had proposed to enact legislatio­n to mandate the sharing of the infrastruc­ture by telecommun­ications companies.

“There are issues with multiple operators who engage in excavating the public roadways to install equipment and lay cable.

“Specifical­ly, there is a lack of coordinati­on between operators resulting in increased costs, traffic congestion and undue disturbanc­e to the public,” said the informatio­n and communicat­ion technology policy document tabled in Parliament at the time.

The policy spoke to the urgent need for the deployment of infrastruc­ture nationwide to facilitate highcapaci­ty networks with interconne­ction to internatio­nal networks.

The Gleaner also reported that the National Works Agency, which is responsibl­e for maintenanc­e of the island’s main roads, had been telling utility providers they would not be allowed to disturb roadways if they missed a window of opportunit­y to lay down their infrastruc­ture.

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