Utility Regulation and Competition (Information and Communications Technology) Directions

Utility Regulation and Competition Law (2019 Revision) UTILITY REGULATION AND COMPETITION (INFORMATION AND COMMUNICATIONS TECHNOLOGY) DIRECTIONS, 2020

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Utility Regulation and Competition (Information and Communications

Utility Regulation and Competition Law (2019 Revision) UTILITY REGULATION AND COMPETITION (INFORMATION AND COMMUNICATIONS In exercise of the powers conferred by section 12(1) of the Utility Regulation and Competition Law (2019 Revision) and, after consultation with the Board, the Cabinet makes the following Directions — Citation These Directions may be cited as the Utility Regulation and Competition (Information and Communications Technology) Directions, 2020. Directions to the Office in relation to the information and communications technology sector (1) The Cabinet directs the Office to — (a) ensure full liberalisation of the information and communications technology (“ICT”) sector and to address any anti-competitive or monopolistic arrangements or behaviours that exist, including arrangements or behaviours relating to — (i) access to submarine cable landing stations; and

Utility Regulation and Competition (Information and Communications

(ii) infrastructure sharing in accordance with the Law and the Information and Communications Technology Law (2019 Revision) and relevant regulations made under those Laws; and to address any impediments to fair and equitable competition; (b) undertake to map ICT network development in the Islands, which includes assessing the national ICT network development of the Islands including critical national infrastructure, to understand where the Islands stand with regard to the quality and availability of the national ICT ecosystem and the extent of ICT infrastructure; and take measures to ensure local internet communication remains onshore, including — (i) overseeing the establishment of ICT peering point (infrastructure) for the exchange and handing off of local traffic between ICT service providers’ networks; (ii) consulting the industry to provide options to achieve this initiative; (iii) safeguarding the ICT sector, by taking the necessary steps of inserting this issue as a condition for licensees to operate an ICT service in the Islands, if necessary; and (iv) presenting the Government with a plan or roadmap explaining how this may be swiftly accomplished.

Made in Cabinet this 29th day of May, 2020. Kim Bullings Clerk of the Cabinet