1. 1 Integrated Regulation: Trinidad and Tobago Dexter Boswell-Inniss 28 th Annual Canto Conference and Trade Exhibition July 2012 | Miami

2. 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. 3 Overview of TATT Enabling Legislation: Telecommunications Act 2001 as amended in 2004 ‘Converged’ Jurisdiction: Telecommunications Spectrum Broadcasting Content Competition Key Markets TelecommunicationsBroadcasting Fixed Voice Mobile Internet International Wholesale Services Terrestrial Radio Terrestrial Television Cable Television Satellite Television

4. ConcessionsLicences 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

5. Authorisation Framework Concessions Type 1Network Only Type 2Network and Service Type 3Virtual Network & Service Type 4 Type 5 Service Only Broadcasting Service Territorial Coverage National Major Territorial Minor Territorial Niche Licences Spectrum the exclusive assignment of spectrum which can be used and re-used within a specified service area. Station non-exclusive assignment of spectrum, in accordance with specific technical operating parameters Class general authorisation for the use of specific radiocommunications devices (e.g. low-powered or low interference potential radiocommunications devices)

6. 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

7. 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. 8 Overview of Market

9. MarketOperational Concessionaires Fixed wire-lineTSTT, Flow, 360 Communications (3) MobileDigicel, bmobile (2) Fixed InternetGreen Dot, FLOW, TSTT, 360 Communications, Lisa Communications, Open Telecom, Illuminat, Airlink (8) InternationalCCTL, CNITL, Digicel, Green Dot, Lisa Communications, Open Telecom, TSTT, Three Sixty Communications, Southern Caribbean Fiber (9) Subscription TVGreen Dot, CCTL, DirecTV, ICNTT, TRICO, TSTT, RVR International, Computer Technologies and Services (8) FTA Radio(37) FTA TVACTN, TV6, Gayelle, CNMG, CNC3, Synergy, WINTV, Parliament Channel (8) TV via CableIETV (1) Existing Concessionaires

10. Fixed Broadband Monthly Subscription

11. 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

12. 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

13. 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

14. 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.

15. 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