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OUR’s Notice of Proposed Rulemaking – Infrastructure Sharing 2017

OUR’s Notice of Proposed Rulemaking – Infrastructure Sharing 2017

Abstract

The Telecommunications Act and the Office of Utilities Regulation Act establish as objectives for the Office of Utilities Regulation (“OUR/Office”), the encouragement of competition and the promotion and encouragement of the development of modern and efficient utility services respectively. The OUR intends to work towards these objectives by establishing a regulatory framework to govern infrastructure sharing arrangements in Jamaica.

Globally, governments are aware of the importance of broadband for their nations’ development. Infrastructure sharing, one of the main trends in broadband infrastructure deployment, has the potential to reduce costs in network deployments, expand coverage, reduce the rural-urban digital divide, and accelerate broadband take-up. Operators are also voluntary engaging in infrastructure sharing as a means of reducing Capex and Opex, and they have adopted various sharing methodologies as they seek to optimize the costs of trenching and other related activities. However, in some jurisdictions like Jamaica, there is some reluctance on the part of the operators to engage in infrastructure sharing which necessitates regulatory intervention.

This Notice of Proposed Rulemaking (“NPRM”) covers various types of infrastructure sharing (passive and active) and it also includes a detailed discussion of the benefits and challenges associated with infrastructure sharing. The regulatory options employed globally as well the Jamaican experience with infrastructure sharing are also explored. The NPRM also outlines the proposed regulatory framework for infrastructure sharing.

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Associated Documents:

Office Of Utilities Regulation
Privacy Overview

Data Protection — Privacy Notice for Information Request
This privacy notice tells you how the Office of Utilities Regulation (OUR) collects and uses the personal data of individuals who will participate in our Satisfaction Survey for Major Service Providers.

What Types of personal data are we collecting?

  • Names
  • Job Titles
  • Work contact number
  • Work email address

 

What is the legal basis for asking for this information?
The legal basis for collecting personal data is legitimate interests.  The OUR is requesting information based on its legitimate interest in conducting this survey, which necessitates obtaining personal data. The legitimate interest, in this case, relates to fulfilling the project's purpose.

Why are we asking for this information?
The OUR believes it is important to assess the views of various participants in the electricity, telecommunications, and water and sewerage sectors it regulates, particularly the major service providers: Jamaica Public Service Company Limited, the National Water Commission, FLOW, and Digicel Jamaica Limited. Through this research, the OUR aims to evaluate these major service providers' knowledge, attitudes, and perceptions specifically regarding:

  • the roles and functions of the OUR.
  • the service providers' knowledge and perception of the OUR and
  • the extent to which the service providers believe the OUR is performing satisfactorily and executing its mandate efficiently.

The OUR intends to utilize the research findings to review its processes and procedures related to these major service providers.

 

What will we do with personal data?

The data will be used to contact participants to provide opportunities to collect qualitative and quantitative data for analysis. The information will be kept on a secured server, where it will be stored in accordance with the Data Protection Act, 2020 for four (4) years.

 

How will we protect personal data and how long will it be stored?

We have implemented appropriate technical and organizational measures to ensure that we keep personal data safe and comply with data protection laws. The information will be stored on a physically secured server, accessible only to authorized personnel. The OUR has implemented several controls to protect the data, including password protection, multi-factor authentication, firewalls, anti-virus software, VPNs, and Data Encryption.

The personal data will be stored for four (4) years, after which it will be disposed of in accordance with the OUR Business Classification Scheme and Records Retention and Disposition Authority.

 

Who will utilize the personal data?

The data will be collected by a third-party consultant who will be conducting the survey.

 

What are the rights of data subjects?

Participants can change their minds or withdraw their consent to use their personal data at any time.

 

Participants have the right to ask us to delete their personal data. To do this, they can send an email to dpo@our.org.im. They also have the right to ask us to update and rectify the personal data that we hold about them.