1

Integrated Regulation: Trinidad and

Tobago Dexter Boswell-Inniss28th Annual Canto Conference and Trade Exhibition

July 2012 | Miami

2

Presentation Contents

1. Overview of TATT • Instruments of Authorisation• Authorisation Framework• Regulatory Structure

2. Convergence and Resource Management

3. Overview of Broadband Market• Existing Concessionaires• Fixed Broadband Monthly Subscriptions

4. Major Regulatory Challenges

5. Proposed Legislative Amendments

6. Current Initiatives

3

Overview of TATT

Enabling Legislation: • Telecommunications Act 2001• as amended in 2004

‘Converged’ Jurisdiction: • Telecommunications• Spectrum• Broadcasting Content• Competition

Key Markets

Telecommunications Broadcasting

• Fixed Voice• Mobile• Internet• International• Wholesale Services

• Terrestrial Radio• Terrestrial Television• Cable Television• Satellite Television

Concessions Licences

Required for the operation of any public network or provision of

any public telecommunications

service.

Required when networks, services or equipment utilise

radio spectrum.

Not required for the operation/ provision of

any private/ closed user group network/ service.

Issued with concession where radio communication is part of any public network

or service.

Granted by the Minister based on

recommendations made by TATT.

Granted by TATT.

Instruments of Authorisation

Authorisation Framework

Concessions

Type 1 Network Only

Type 2 Network and Service

Type 3 Virtual Network & Service

Type 4

Type 5

Service Only

Broadcasting ServiceTerritorial Coverage

• National• Major Territorial• Minor Territorial• Niche

Licences

Spectrumthe exclusive assignment of spectrum which can be used and re-used within a specified service area.

Stationnon-exclusive assignment of spectrum, in accordance with specific technical operating parameters

Classgeneral authorisation for the use of specific radiocommunications devices (e.g. low-powered or low interference potential radiocommunications devices)

Regulatory Structure

Funding Mechanism

Concession Fees: Based on Authority’s projected budget for the financial year, proportioned by concessionaire’s revenue share of the respective market. Licence Fees: Based on the economic value of spectrum

Regulatory Tools• Provisions of the Act• Subsidiary Legislation: Regulations • Terms and Conditions of Concession Agreement• Terms of Licence

Enforcement Mechanisms

• Recommendation for suspension or termination of concession• Withdrawal or suspension of licence• Legal proceedings for breach/offence under the Act• Civil remedies for payment of arrears

Convergence and Resource Management

TATT has statutory oversight of numbers and spectrum, and has national plans for both resources

IP Addresses and related resources are managed by LACNIC (Internet Address Registry for Latin America and the Caribbean)covers 34 territories in Latin America and Caribbean region

Country top-level domain (.tt) is managed by TTNIC(Trinidad and Tobago Network Information Centre)

TATT is facilitating discussions with the recurrent registrar for the re-delegation of the .tt domain to the GORTT.

8

Overview of Market

Market Operational Concessionaires

Fixed wire-line TSTT, Flow, 360 Communications (3)

Mobile Digicel, bmobile (2)

Fixed Internet Green Dot, FLOW, TSTT, 360 Communications, Lisa Communications, Open Telecom, Illuminat, Airlink (8)

International CCTL, CNITL, Digicel, Green Dot, Lisa Communications, Open Telecom, TSTT, Three Sixty Communications , Southern Caribbean Fiber (9)

Subscription TV Green Dot, CCTL, DirecTV, ICNTT, TRICO, TSTT, RVR International, Computer Technologies and Services (8)

FTA Radio (37)

FTA TV ACTN, TV6, Gayelle, CNMG, CNC3, Synergy, WINTV, Parliament Channel (8)

TV via Cable IETV (1)

Existing Concessionaires

Fixed Broadband Monthly Subscription

Antigua a

nd Barbuda

Aruba

Baham

as

Barbad

os

Dominica

Dominican Rep

.

Grenad

a

Guyana

Jamaic

a

Netherl

ands A

ntilles

Puerto Rico

Saint K

itts and Nev

is

Saint L

ucia

St. Vincen

t and th

e Gren

adines

Surin

ame

Trinidad

and To

bago

0

10

20

30

40

50

60

$40 $39

$35

$40

$48

$19

$29

$19$22

$55

$25

$37

$29

$34

$43

$12

Fixe

d br

oadb

and

Inte

rnet

mon

thly

subs

crip

tion

(US$

)

Major Regulatory Challenges

1. Competition Regulation Competition Regulation for the telecommunications/broadcasting sector does not fall under the national competition regulator (Fair Trade Commission). The Authority has oversight over competition, with particular focus on:

• Detection and prevention of anti-competitive conduct• Detection and prevention of cross-subsidisation• Prevention of abuses of a dominant position

Key Issue: Current need to strengthen framework to• Explicitly extend oversight over broadcasting competition• Better address mergers and acquisitions in both sectors

Note: Issue of potential for cross-subsidisation increases in a converged environment

Major Regulatory Challenges

2. Compliance and Enforcement • Resource intensity of monitoring activities to ensure compliance

• Limited number of enforcement options currently available (currently no provisions for administrative penalties and punitive sanctions)

• Difficulties in addressing breaches quickly due to need for in-depth legal proceedings, which may be lengthy at times.

3. Legislative and Judicial • Dependence on regulations in order to enact key policy provisions

• Approvals and parliamentary timetabling may be lengthy at times

• Lengthy dispute resolution process, at times

Proposed Legislative Amendments

 • Competition Powers - FTA did not include Telecom and

Broadcasting.

• Dispute Resolution – Set-up tribunal

• Administrative Penalties

• Enforcement of standards – improve powers of enforcement  

Current Initiatives IXP

• TATT is currently involved in discussions with local ISPs to implement an IXP.

• Technical issues have been mostly resolved. Administrative arrangements are still being negotiated.

• Negotiations currently underway with ISC to deploy an F-Route server in Trinidad and Tobago at the new IXP location.

Universality Framework• Universality Regulations drafted. Approved by cabinet. To be submitted to

CPC and then to Parliament.

DTT cutover• TATT developed a Framework for Digital Terrestrial TV (DTT) broadcasting.

A DTT Working Group with stakeholders was established following which TATT will be implementing a process for the authorisation of DTT service providers.

Thank you

Please visit our website for further information on our regulatory framework and policies, as well as to access our annual and quarterly market reports.

www.tatt.org.tt