Official Govt & Legal Notices For April 29 2020

The official Government and Legal notices for today [April 29] include extension to commence emergency general determination public consultation, qualifying applications for new integrated communications operating and other communications operating licences, and list of proposed planning applications.

Extension To Commence Emergency General Determination Public Consultation

• Notice Type: Government Notice
• Notice Sub Type: Public Notification
• Notice ID: GN0390/2020
• Public Authorities / Department: Ministry Level
• Publication Date: 29 April 2020

Ministerial Directions Under Section 5[6][A] And 5[7] Of The Regulatory Act 2011”

Extension to Commence Emergency General Determination Public Consultation

Having reviewed the request from the Regulatory Authority of Bermuda [RA] dated 25th March 2020, and pursuant to section 5[6][A] of the Regulatory Authority Act 2011 [RAA], I HEREBY give my consent to extend the period within which the RA must commence the public consultation for the Regulatory Authority [COVID-19] Emergency Generation Determination 2020 [EGD] to not earlier than the end of the Period as defined in the EGD, plus an additional 90 calendar days. Pursuant to this consent to approve the extension of the EGD public consultation, it is anticipated that the EGD public consultation shall commence no later than 90 calendar days after the end of the Period.

The Hon. Walter H. Roban, JP, MP

Minister of Home Affairs

Qualifying Applications For New Integrated Communications Operating And Other Communications Operating Licences

• Notice Type: Government Notice
• Notice Sub Type: Public Notification
• Notice ID: GN0389/2020
• Public Authorities / Department: Regulatory Authority of Bermuda
• Publication Date: 29 April 2020

Regulatory Authority

Notice Of Qualifying Applications For New Integrated Communications Operating And Other Communications Operating Licences

On 16 August 2019, the Regulatory Authority [RA] issued the Final Report, Decision and Order and General Determination [Final Decision] on the application process for new Integrated Communications Operating Licences [ICOLs]. In accordance the Final Decision and the Communications Operating Licence Policy issued by the Minister of Home Affairs [Minister] on 24 October 2019, the RA issued the ICOL Application and Open Window Decision and Order [Open Window Order] on 25 October 2019 that established an open window period for submitting ICOL applications commencing on 27 January 2020 and ending on 28 February 2020.

Based on its review of applications timely received by the RA in response to the Open Window Order, the RA preliminarily concludes that the applications listed below are Qualifying Applications as defined by the Final Decision, insofar as they meet:

• 1. the basic eligibility requirements [as set by the Minister];

• 2. the minimum necessary thresholds in relation to financial resources, experience, qualifications, business plan and financial plan; and

• 3. proof of insurance cover commitment.

Proposed Qualifying Applications for ICOLs:

Cable & Wireless Network Services Limited [C&W]

Application received on 27 February 2020.

C&W proposes to serve existing ICOL holders, who will each use their local network infrastructure to access and interconnect with its international capacity services.

Horizon Communications

Application received on 24 January 2020.

Horizon Communications proposes to build an island-wide wireless LTE and multi-path redundant microwave backhaul network to provide internet, VOIP, IPTV, and other services such as data center space throughout the country.

Paradise Mobile Ltd.

Application received on 27 February 2020.

Paradise Mobile Ltd. proposes to build an island-wide mobile wireless network.

Proposed Creation of New Form of Communications Operating Licence [COL] and Grant of Application:

In line with the Final Decision, the Authority also proposes to approve a new form of COL, for convenience referenced as a “SubCOL.” This form of COL would be available to any applicant that meets the COL eligibility and other procedural requirements and is prepared to operate subject to the conditions of this new form of licence. The RA proposes that the SubCOL would be available only to an Authorized Submarine Cable Operator [ASCO] or an affiliate of such ASCO. An ASCO would include any submarine cable operator that:

• 1. was in existence before the coming into force of the Submarine Communications Cables Act 2020 [SCCA], and/or whose submarine cable operations have been “grandfathered” pursuant to SCCA Section 80; or

• 2. obtains a Submarine Cable Licence under Part 6 the SCCA when such licences become available.

The RA also proposes that:

• 1. the SubCOL would authorize the licence holder [an ASCO or its affiliate] to provide international wholesale services to ICOL holders using the licence holder’s, or its affiliate’s, capacity on international submarine cables landing in Bermuda; and

• 2. the provision of any additional electronic communications networks or services within Bermuda, including backhaul to the point of presence of the licensee’s wholesale customers, would be outside the scope of the activities authorized by the SubCOL.

The RA has received an application from C&W for a SubCOL as defined above. C&W has requested that the RA’s consideration of its ICOL application be subordinated to C&W’s SubCOL application and granted in lieu of the ICOL application.

Public Consultation:

The RA is opening a public consultation inviting comments from members of the public, including electronic communications sectoral participants and sectoral providers, as well as other interested parties, with respect to:

• 1. the multiple applications submitted to the RA for new ICOLs;

• 2. the proposed creation of a SubCOL; and

• 3. the application submitted to the RA for a SubCOL.

List Of Proposed Planning Applications To Be Advertised On April 29, 2020

• Notice Type: Government Notice
• Notice Sub Type: Notification of Planning Applications Registered
• Notice ID: GN0388/2020
• Public Authorities / Department: Planning
• Publication Date: 29 April 2020

Government Of Bermuda

Department Of Planning

Dame Lois Browne‑Evans Building, 58 Court Street, Hamilton HM 12, Bermuda

Phone: [441] 295‑5151 Fax: [441] 295‑4100

Listing Of Plan Applications Registered [For Advertisement]

Applications Advertised on April 29, 2020. This list was printed on April 29, 2020.

Objections to applications must be received within 14 days of the date advertised [May 13, 2020]

Summary of Application Details

The applications shown below are available for review on the EnerGov Customer Self Service Portal [https://planningenergov.gov.bm/EnerGov_Prod/SelfService#/home], or during normal working hours at the Department of Planning, 5th Floor, Dame Lois Browne Evans Building, 58 Court Street, Hamilton HM 12.

Letters of objection should state any interest which the objector[s] may have in property nearby, supply an address at which notice may be served on the objector[s], and provide a concise statement of the grounds of the objection.

For further information on the objection procedure see the Development and Planning [Applications Procedure]

Rules 1997.

Application Application #

Pembroke

Hubert Watligton PLAN‑0219‑20

4 Point Shares Road

Pembroke BM HM05

Proposed Additions to Cottage to Include Extended Bedroom, New Shower Room, Patio and Covered Verandah.

[Final Approval]

Smiths

Andrew Mendonca PLAN‑0211‑20

5 Loquat Lane

Smiths BM FL08

Proposed Alterations to Existing Driveway and Creation of Second Dwelling Unit by Internal Conversion.

[Final Approval]

The official notices above have been republished from the relevant section on the official Government website. If you wish to view ‘hard copies’, the Department of Libraries & Archives prints them and you can visit the main library on Queen Street or the Government Archives in the Government Administration Building on Parliament Street to view them.

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