Regulation
The RA is directed by the legislation and seeks to promote and preserve competition, promote the development of the Bermudian economy, and encourage investment and innovation.
Regulation in Bermuda
The RA is legislated under the Regulatory Act 2011 to implement and enforce regulations and laws for the regulated sectors. The RA currently regulates Electricity, Electronic Communications and Submarine Cables.
The RA is directed by the legislation and seeks to promote and preserve competition, promote the development of the Bermudian economy, and encourage investment and innovation.
Regulation involves:
- Monitoring the operation of sectoral providers through market reviews including economic, technological, and environmental analysis
- Conducting rate reviews and setting new rates
- Performing investigations on licence breaches and ensuring compliance
- Review and, as appropriate, approve or reject proposed concentrations involving a specified sectoral provider
- Assess the competitiveness of relevant markets and identify sectoral providers that have significant market power in such markets
Regulation is carried out in the interest of the consumer and preservation for the sectoral providers. The RA sets out quality of service standards for consumer protection and reports unfair any trade practices. The aim of outlining rights and responsibilities for consumers is to inform on the expected quality of service required by service providers that will result in customer satisfaction.
The RA values transparency and the disclosure of our work is important to ensure our processes are honest and clear. Public consultations are used to inform and educate consumers before decisions are made. All Reports, Administrative Determination and Decisions are published on the website for the public’s view.
Visit the FAQ page for more information on key components of RA’s work.
Electricity Sector
The RA regulates the electricity sector set forth by the Electricity Act (EA) 2016. The EA sets out a regulatory framework for evaluating and managing future investments in the production and sale of electricity for the long-term benefit of consumers.
The purpose of the act is to:
- To ensure the adequacy, safety, sustainability and reliability of electricity supply in Bermuda so that Bermuda continues to be well positioned to compete in the international business and global tourism markets;
- To promote the use of cleaner energy sources and technologies, including alternative energy sources and renewable energy sources;
- To protect the interests of end-users with respect to prices and affordability, and the adequacy, reliability and quality of electricity service.
The actions in the Electricity Sector involve:
- Licensing the generation of electricity;
- Licensing the transmission, distribution, and retail sale (TD&R) of electricity;
- Managing and reviewing the Integrated Resource Plan (IRP) process, including Public Consultations
- Setting the electricity retail rates; and
- Setting and monitoring service standards to ensure the adequacy, reliability and quality electricity services.
Transmission, Distribution & Retail (TD&R)
BELCO is the only company licensed to transmit, distribute, and sell electricity in Bermuda. This is primarily due to the size of the country and our population. It is not cost effective to have more than one transmission and distribution network and therefore, the RA regulates BELCO to achieve reasonable rates and good customer service.
Bulk Generation
Electricity generation in Bermuda is open to competition. In order to ensure financial accountability BELCO is required to account for its generation and TD&R business separately. In addition to BELCO, there are two other bulk generators, Tynes Bay Waste to Energy Facility, and more recently commissioned Saturn Solar BDA 1 solar farm at the airport finger.
Visit to the Authorization Register for a complete list of electricity licence holders.
Electronic Communications Sector
The RA regulates Electronic Communications (EC) sector set forth by the Electronic Communications Act (ECA) 2011. The ECA defines electronic communications as the conveyance of signals by wire, radio, optical or other electromagnetic means. It is the RA’s responsibility to establish
The ECA develops the following objectives:
- To ensure that the people of Bermuda are provided with reliable and affordable access to quality electronic communications services.
- To ensure that the people of Bermuda are provided with reliable and affordable access to quality electronic communications services.
- To encourage the development of an electronic communications sector that is responsive to the requirements of users (both individuals and businesses) and provides them with choice, innovation, efficiency, and affordability.
- To encourage the development of an electronic communications sector that is responsive to the encourage the development and rapid migration of innovative electronic communications technologies to Bermuda
- To promote investment in the electronic communications sector and in communications-reliant industries, thereby stimulating the economy and employment
Regulation of EC encompasses:
- Monitoring sectors providers of internet, fixed phone, and mobile and IPTV services.
- Issuing licences and implementing licensing policies for the assignment of radio spectrum, radio licences and type approvals.
- Conducting market reviews to promote sustainable competition and investment, publish statistics relating to the quality of service by EC providers.
- Establishing and enforcing procedures and technical standards for interconnection;
Visit the Service Providers Directory for a list of all regulated EC companies.
Submarine Communications Cables Sector
The RA regulates Submarine Cables established by the Submarine Communications Cables Act 2020. The legislation defines Submarine cables as fiberoptic subsea cables laid on or beneath the seabed for the purposes that include connecting a place in Bermuda with a place outside Bermuda.
The Act lays the foundation to:
- promote investment in the submarine communications cables sector and in communications-reliant industries, thereby stimulating the economy and employment
- enhance the protection of submarine cables in Bermuda waters
- enhance Bermuda’s international submarine communications cables connectivity
- lay the ground work for the further development of the submarine communications cables sector, and promote its orderly development
- encourage the development and maintenance of resilient and fault-tolerant submarine communications cables infrastructures.
Regulation guided by the Act involves:
- promoting an efficient and effective permit and licensing framework for the submarine communications cables sector
- establishing the standards for the installation and operation of submarine cables
- granting authorizations that are necessary to encourage the development of submarine communications cable sector
Currently, the only Sub Col licence holder is Cable and Wireless Network Services Limited. The RA seeks to encourage growth of the market and facilitate expansions in the investment for the infrastructure.