Debate on the Telecommunications Amendment Act 1997 could begin as soon as next week, Telecommunications Minister John Barritt said yesterday.

"I am anxious to proceed. I may be able to take it up in the House (of Assembly) a week from today.'' However the collection of amendments are the first of many, he warned.

"Telecommunications is a dynamic and ever-evolving industry and the one constant is change -- change at a fairly rapid pace.

"It would almost be self-defeating to try and cast rules and regulations in concrete. That would be like trying to nail Jell-O to the wall.'' Mr. Barritt said about a dozen changes were made to last year's bill which stalled in the Senate after going through the House.

Some of these were modifications to previous amendments while others were completely new additions. They were either initiated by his department or came as a result of suggestions from various carriers.

He said: "It's fair to say that a good majority of these changes also fall under the heading of better housekeeping.'' But before he discussed different examples of the changes to the bill, Mr.

Barritt said: "As Minister I want to stress that these are the beginning and not the end of what I expect will be continued amendments to the Telecommunications Act.

"I am reasonably certain the Act will be need to be amended from time to time as we move from a monopolistic to a competitive environment -- and that is as it should be.'' And Mr. Barritt stressed that carriers would have a say in the new environment while Government kept watch.

"The underlying approach of the Ministry and Government itself is that we should, in as far as it is both possible and reasonable, allow the players in the market to shape and fashion solutions which will carry Bermuda forward.

"Where this is not possible Government will step in and what we've tried to do in the amendments is provide mechanisms for resolutions where parties have not been able to agree.'' Mr. Barritt said this fresh approach to the industry had two real benefits.

"Those in the industry that know the industry best will get a meaningful first crack at devising rules and regulations that will enhance and promote their businesses.

"It also allows for a minimum amount of Government regulation and thus without an extra level of bureaucracy we can move forward without the expense and delays the heavier hand of regulation brings.'' Turning to specifics in the legislation, Mr. Barritt said the provision the Senate had voted down was part of the bill that was modified. It covered appeals to the Minister where confidential information was being dealt with.

Originally it said the Minister was deemed to have denied an appeal when he or she made no decision within seven days.

But now the bill was amended to state that the Minister had to make a decision within seven days.

Another example of a modification to the bill was in the section covering instances where the Minister or the Telecommunications Commission could make quick decisions without hearing all the parties involved.

Mr. Barritt said the bill had previously stated this could be done when "circumstances warranted'' but this had been changed to cases of "urgency''.

Other modifications to the bill gave the Minister the power to extend deadlines for carriers to file financial and market information and broadened the definition of rates and charges which could be subject to review by the commission.

And when the commission investigated a carrier and intended to issue a directive against it, the carrier now had to be notified and given 14 days to comment.

Meanwhile, completely new additions to the bill intend to give the Minister more flexibility by giving him the power to issue temporary, non-renewable licences where appropriate.

Under the new bill, appeals against decisions would no longer act as automatic stays, continued Mr. Barritt.

This meant carriers lodging an appeal would also have to apply for a stay and make a case.

This prevents anyone appealing purely to delay the implementation of a decision and reduces the opportunity for people to abuse the right of appeal.

Carriers will also have to make their rates and charges public and notify the commission of any changes, he said.

This would create "transparency'' and realise the department's eventual goal of a level playing field with all carriers in either the specified or non-specified classes for carriers.

Mr. Barritt said specified carriers had to apply for approval of rate changes while non-specified carriers did not.

Other new additions to the bill were provisions which would consolidate and modify all the duties of carriers and allow for regulations that recognise and create the different classes of various types of public telecommunication services.

"Telecommunications is a dynamic and ever-evolving industry and the one constant is change -- change at a fairly rapid pace. It would almost be self-defeating to try and cast rules and regulations in concrete. That would be like trying to nail Jell-O to the wall.'' -- Telecommunications Minister John Barritt (above)