Court levels indefinite stay on RA’s telecom directives
An 11th hour stay of Regulatory Authority of Bermuda directives has arisen from Supreme Court challenges to the mandated entry-level anchor products in the fixed broadband and mobile markets.
RA decisions resulting from its 2025 Electronic Communications Market Review will not come into effect today as originally intended, the RA said last night in a rare media release.
The Market Review is a statutory process undertaken by the RA to assess the state of competition in Bermuda's electronic communications sector.
Following months of public consultation and careful analysis, the RA concluded that certain changes were required to improve competitiveness and deliver greater value to consumers.
Among these decisions were the controversial introduction of entry-level anchor products in the fixed broadband and mobile markets.
The RA release said: “While the 2025 Market Review required sectoral providers to implement the required changes by October 1, 2025, certain sectoral providers have since exercised their right to appeal the RA’s decision. As a result, the implementation of the measures specifically mandated in the 2025 Market Review have been temporarily paused by the courts.
“The RA remains steadfast in its view that the changes required by the 2025 Market Review are in the best interest of Bermuda.
“The Market Review process is guided by clear principles and objectives: to develop and maintain effective, sustainable competition that benefits consumers through fair pricing, greater innovation, and wider choice; to encourage investment in the electronic communications sector; and, to establish measures that are effective yet proportionate, balancing compliance costs with consumer benefit.
“Wherever possible, these measures are designed to apply on a technology-neutral and service-neutral basis, ensuring fairness across the sector.”
Donn Foggo, director of Communication and Stakeholder Engagement at the RA said: “The Market Review was conducted with thorough analysis and careful consultation, and we stand by the strength of its findings.”
He continued: “Despite the legal challenges, we remain committed to pursuing what is in the island’s best interest and will continue to inform the public as this process unfolds.”
The RA said it will issue further updates once the legal proceedings have progressed and clarity on the timeline for implementation is available.