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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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