Broadband Market Analysis Part II: Regulatory Remedies
Following the Broadband Market Consultation, which took place from 29 January to 5 March 2015, the Commission has assessed responses from LIME and Digicel and publishes this second stage consultation document which sets out further options for regulation.
Taking into account LIME’s comments and the launch of CCT’s GOFASTLTE product, the Commission has reviewed the market definition for retail fixed broadband set out in the first Broadband Market Consultation. The Commission has found that fixed wireless broadband, mobile broadband and fixed wireline broadband are not substitutes at the retail level. The market definition requires that the retail broadband product be provided at a fixed location and is not portable. The Commission has found that the market definition for the wholesale broadband access market also remains appropriate without sufficient substitutes at the wholesale level.
1. This Determination defines the position of the Commission on market power in the provision of fixed broadband services and sets out findings of dominance. The separate consultation documents “Market Analysis of Broadband” (the “first Market Analysis”) and the “Market Analysis of Broadband: Part II Regulatory Options” (the “second Market Analysis”) set out the rationale for the proposed market definition, findings of dominance and proposed regulation. 2. This Determination applies to the following public supplier, which is licensed to provide and which provides fixed broadband services from the Virgin Islands:
Cable and Wireless (BVI) Ltd1 (“LIME”)
The Commission has undertaken an extensive review of the fixed broadband market in the British Virgin Islands over the course of 2015-2016. This reveiw, known as a market consultation process, was planned under the Commission's 2010 Market Review, which sets out priority markets for review in the territory.
Having delcared LIME dominant in the markets for retail fixed broadband service and wholesale broadband access, the Commission proposes to implement regulatory remedies in the form of both pricing and quality of service regulation.
This document presents Cable and Wireless (BVI) Ltd.'s ("LIME BVI") response to the Report on the Consultation on the Broadband Market Analysis and Part II of the Broadband Market Analysis: Regulatory Remedies ("the Consultation Report") issued by the Telecommunications Regulatory Commission of the Virgin Islands ("TRC" or "Commission"), dated 17 December 2015, reference number: P/02/2015.
Market Analysis of Wholesale Call and SMS Termination on Individual Fixed and Mobile Networks
Market Analysis 01 Intercfonnection Part 1
Digicel is grateful for the opportunity to respond to the Commission's consultation on a market analysis of wholesale call and SMS termination on mobile and fixed networks.
We believe that the Commission should avoid going down a market analysis and assessment of dominance route. If the analysis and assessment was carried out in what we would consider to be a fashion that could provide a dependable result, it would be very different from what has been suggested by the Commission. In fact, in our respectful opinion, and considering the way that consultation has been drafted, the Commission is attempting to take a short cut.
CWI Caribbean Limited, on behalf of its affiliate Cable and Wireless (BVI) Limited, trading as LIME (“LIME”), is pleased to provide the following response to the Commission’s Public Notice in the matters of ‘Consultation on the Market Analysis of Wholesale call and SMS Termination on Individual Fixed and Mobile Networks’ (the consultation document) and the draft ‘Determination of Dominance for termination Services on Individual Fixed and Mobile Networks 2011 ’ (the draft determination) and ’Telecommunications Code (Interconnection and Access to Facilities and Utility Installations) Requirements, 2011’ (the Code), all published 01 June 2011. Together called the consultative documents.
SHORT REPORT ON THE CONSULTATION ON THE MARKET ANALYSIS OF
WHOLESALE CALL AND SMS TERMINATION ON INDIVIDUAL FIXED AND
MOBILE NETWORKS: DETERMINATION OF DOMINANCE AND
- Determination of Dominance
- Interconnection Requirements
Citation and scope of application
(1) These Requirements apply to the interconnection of public telecommunications networks and public telecommunications services as well as access to facilities and utility installations.
(2) These Requirements apply to all public suppliers. Requirements related to access to facilities and utility installations also apply to public utilities.
(3) These Requirements may be cited as the Telecommunications Code (Part 4) (Interconnection and Access to Facilities Requirements) and shall come into force on the date of publication in the
- No regulation
- Bill and Keep
- Application of Long-run Incremental Cost(“LRIC”) models to calculate the termination rate
Short Report on the Consultation on the Market Analysis of Wholesale call and SMS Termination on Individual Fixed and Mobile Networks: Part II: Assessment of Regulatory Remedies
This short report collates the operators' comments in response to the second phase Consultation on the Market Anyalysis of Wholesale Call and SMS Termination on Individual Fixed and Mobile Networks: Part II: Assessment of Regulatory Remedies dated September 30, 2011 "the Consultation Document: PartII", whch outlined the TRC's proposals in relation to:
- The proposed methodology for determining the call termination charge controls
- The proposed termination rates
- The process of consultation and licence amendment.
With the effect from August1,2012, the Licences of the following Licensees of public telecommunications networks in the Virgin Islands:
- Cable and Wireless (BVI) Ltd (“LIME”)
- Caribbean Cellular Telephone Ltd (“CCT”)
- Digicel (BVI) Ltd (“Digicel”)
Report on the Directive on Call Termination Rates in the Virgin Islands
On June 1,2011, the Telecommunications Regulatory Commission (“the TRC”) launched a consultation on the Market Analysis of Wholesale Call and SMS Termination on Individual Fixed and Mobile Networks (“the First Market Analysis”). The purpose of this consultation had been to review the market for call and SMS termination in the Virgin Islands and to assess if any operators were dominant in that market and, if appropriate, to apply regulation under Section 26 of the Telecommunications Act , 2006 (“the Act”) . The TRC noted, however, that it did not propose to regulate wholesale rates for SMS termination at that time.