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THE GOVERNMENT OF THE TURKS AND CAICOS ISLANDS SUCCESSFULLY DEFENDS JUDICIAL REVIEW APPLICATION BROUGHT BY FORTIS TCI LTD AGAINST THE ENERGY AND UTILITIES COMMISSIONER

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Providenciales, Turks and Caicos Islands, 23rd July 2024 – On 8th November, 2023, Fortis TCI Limited (“Fortis”) brought judicial review proceedings against the current Energy and Utilities Commissioner and Her Excellency, the Governor of the Turks and Caicos Islands alleging that the Commissioner has a personal background in and a vested financial interest in the supply of solar installations which was incompatible with his role as the Commissioner under the Electricity Ordinance and proposed new Renewable Energy and Resource Planning Bill and was therefore affected by apparent bias. Fortis also challenged Her Excellency the  Governor’s decision not to reconsider the continued appointment of the current Energy and Utilities Commissioner considering the their allegations.

Fortis urged the Supreme Court to:

  1. Declare that the Commissioner is subject to apparent bias and so should recuse himself from all matters concerning Fortis, as a result, and thereby that it is impractical for the Commissioner to continue in office.
  2. An order of mandamus directing the Governor to consider whether the Commissioner can continue in that post in light of those allegations.

Following many months of arguments about whether the matter should be allowed to go ahead at all, the Governor was removed from the proceedings because she was not the correct party, and the Deputy Governor was substituted.  The substantive Judicial Review Hearing took place on 20th June 2024 during which the Court heard arguments from both sides and had the benefit of substantial affidavit evidence from both sides.

In a decisive ruling, delivered on 19th July 2024, His Lordship Mr. Justice Chris Selochan found in favor of the Government, affirming that there was no evidence to support the claims of apparent bias against the Energy and Utilities Commissioner.

While the written ruling is pending the Court read out in open court a summary of its decision to dismiss Fortis’ application for judicial review.

The central issue the Court had to ask itself was whether the Commissioner should be disqualified from holding that position on the ground of his personal interest in a company involved in solar energy in the Bahamas.

The Hon. Attorney General Rhondalee Braithwaite Knowles OBE KC, Principal Crown Counsel Clemar Hippolyte and Senior Crown Counsel, Khadija Mac Farlane made robust arguments and provided affidavit evidence demonstrating the Commissioner’s early disclosures, compliance with the Integrity Commission’s advice and his general adherence to legal and ethical standards.

Having agreed that the test for apparent bias was not whether Fortis or any other interested party thought there was bias but rather is whether the fair minded and informed observer, having considered the facts, would conclude that there was a real possibility that the decision-maker was biased, the Court found that the fair-minded and informed observer would consider, inter alia, the following:

  1. The position of the Commissioner requires specialist knowledge and experience;
  2. The TCIG and Fortis had on 22 April 2022 signed a climate change charter which predated the Commissioner’s appointment;
  3. The Commissioner’s role and functions do not primarily involve formulation of policy.

While the fair-minded observer may have concerns about the Commissioner’s involvement in his company in the Bahamas, these concerns are assuaged by the fact that the Commissioner disclosed the same to the TCIG and the Integrity Commission at the earliest opportunity.

The Court also stated that it cannot be disputed that Commissioner’s role involves interfacing with Fortis on energy related issues, however, the Court was of the view that the fair-minded and informed observer would not conclude that the Commissioner was involved in advancing the cause of renewable energy for his own self-interest.

The Court was of the view that the fair-minded and informed observer would find that the fact of the Commissioner having a business in Bahamas as opposed to the Turks and Caicos Islands, was too tenuous of a link to establish apparent bias.

The Court further found that the fair-minded and informed observer would also note that the Commissioner sent several correspondences to the Integrity Commission seeking to clarify advice from the Integrity Commission upon taking up his office and had adhered to that advice.

The Court was therefore not satisfied that the Commissioner is subject to apparent bias and dismissed Fortis’ application for judicial review.

The Minister for Public Safety and Utilities, Hon. Kyle Knowles said “The Government is undertaking significant reforms in the energy and utilities sector which will build a firm foundation for a strong energy future in the Islands.  The Government’s successful defense in this matter signals that whilst the Government remains committed to maintaining the integrity and transparency of its regulatory processes, independent judicial scrutiny of the Deputy Governor’s decision not to remove the current Commissioner in the face of the allegations brought by Fortis, give credence to the Government’s well placed confidence in the professionalism, fairness and impartiality of the current Energy and Utilities Commissioner’s actions.  The Government is committed to upholding the rule of law and ensuring that all officials perform their duties in keeping with the highest ethical and professional standards. This ruling is a testament to the rigorous standards of accountability and transparency that the Government strives to maintain.”

Commenting on the ruling, the Honourable Attorney General said, “We are incredibly pleased with the Court’s decision, which confirms our position that the Deputy Governor and the Energy and Utilities Commissioner acted appropriately throughout, without bias and in full compliance with the law. This outcome reaffirms my Chambers’ dedication to assisting TCIG decision-makers to ensure that their decision-making is sound, fair and impartial.  It also affirms the advice of the Compliance Unit of the Integrity Commission which had earlier considered the circumstances and advised the Commissioner on handling.  The Commissioner, having acted faithfully in keeping with that advice, is also vindicated. We are relieved for the Commissioner who ably withstood the personal and professional pressures this challenge brought yet continued to press forward with the Government’s agenda in the face of it.”

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Starlink Gets 15-Year TCI Licence; Commission Reveals Fees, Future Flow and Digicel Partnerships

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Deandrea Hamilton | Editor

 

PROVIDENCIALES, TURKS AND CAICOS ISLANDS — Starlink has been granted a 15-year telecommunications licence in the Turks and Caicos Islands, with the satellite internet provider required to pay an initial licensing fee of approximately $112,600, followed by annual payments tied to revenues and spectrum use.

The details were provided directly to Magnetic Media by Kenva Williams, Director General of the TCI Telecommunications Commission, following the August 27 formal licensing ceremony.

Williams said Starlink will pay seven per cent of gross annual revenues for its network licence, a $23,600 annual spectrum fee, and a further 1.8 per cent of annual gross revenues as a regulatory fee. The licence carries conditions and runs for the same 15-year period afforded other service providers.

The Telecommunications Fee Structure Regulation was also amended to create a category for satellite services.

For consumers, Williams confirmed that Starlink operates independently of Flow and Digicel, meaning residents do not require either provider to access its regular satellite internet service. He also confirmed that areas shown in blue on Starlink’s availability map indicate that service is available.

However, the relationship changes with Direct to Cellular (D2C) technology.

“For Direct to Cellular services, they will partner with Flow and Digicel,” Williams told Magnetic Media.

The Director General described Starlink as a complement to terrestrial telecommunications, capable of facilitating internet access in locations and circumstances where conventional infrastructure has been difficult or impossible to deploy.

That need helped drive a licensing process Williams said took two years.

Speaking at the ceremony, he explained that the Commission found no Caribbean regulatory framework it could simply replicate and therefore undertook consultation with existing operators, satellite providers, stakeholders and the public.

Williams said a Commission survey found 80 percent of respondents wanted Starlink, but acknowledged concerns from existing operators about the impact of a global satellite provider entering the TCI market.

“We’re going to ensure that policies are in place to keep the terrestrial services alive,” Williams said, stressing that Flow and Digicel maintain critical physical and mobile infrastructure. He also urged government not to abandon plans for a national fibre network, describing it as “a must.”

For Starlink, however, the licence represents more than commercial entry into another market.

Rebecca Hunter, Director of Market Access for Starlink, described August 27 as “day one of our relationship with the Turks and Caicos Islands,” promising that the company intends to become a long-term community partner.

“We look forward to contributing in the proper ways, following all the rules and requirements… and we look forward to giving back to the community,” Hunter said.

She identified resilience, government continuity, maritime services, disaster management, healthcare and education among areas where Starlink believes its technology can contribute.

“However we can contribute, we want to be part of your story,” Hunter told the gathering.

The entry is particularly significant for an archipelago where smaller and sparsely populated islands have historically presented challenges for traditional telecommunications infrastructure.

For the Commission, Starlink therefore adds another layer of connectivity rather than replacing existing networks — expanding consumer choice today while creating future opportunities for satellite-to-mobile connectivity through TCI’s established operators.

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Flow Strengthens Network Leadership in TCI

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Turks and Caicos Islands – Leading telecoms provider Flow TCI has announced enhancements to both its fixed and mobile networks, delivering faster speeds, expanded coverage and greater capacity for customers across the country.

The latest improvements include the activation of a new mobile site in Long Bay, enhanced broadband speeds for residential customers, and independent recognition from Ookla for the performance of the company’s fixed network.

“Together, these developments reflect our continued focus on building the digital infrastructure needed to support the evolving needs of households, businesses and the wider economy,” said Joanne Missick, Country Manager, Flow Turks and Caicos Islands.

“Our continued network enhancements are focused on delivering a better experience for our customers while ensuring that the Turks and Caicos Islands has the digital infrastructure needed to support economic growth, innovation and opportunity.”

The newly activated mobile site in Long Bay delivers improved coverage, increased network capacity and faster mobile connectivity to one of the fastest-growing communities in the Turks and Caicos Islands. Further mobile network expansion is planned through late 2026 and into 2027, strengthening Flow’s ability to meet growing demand and ensuring more communities can benefit from high-quality connectivity.

Flow has also enhanced the experience for its residential broadband customers. Effective August 1, eligible customers received significant upgrades, with internet speeds on selected plans doubled or tripled. Some customers also benefited from a reduction in their monthly bill.

The strength of Flow’s fixed network has also received independent international recognition. Flow Turks and Caicos Islands was awarded the Ookla Speedtest Award for Fastest Fixed Network in the Turks and Caicos Islands, based on data from Speedtest Intelligence.

The award provides independent validation of Flow’s network performance and gives customers tangible assurance that the network they rely on for work, entertainment, education and everyday life delivers leading speeds.

“Reliable, high-performing connectivity is no longer simply a convenience. It is fundamental infrastructure for modern life and for national development,” added Missick.

“The recognition from Ookla is particularly meaningful because it independently validates the performance of our fixed network. For our customers, it reinforces what these investments and enhancements are designed to deliver: faster, stronger and more dependable connectivity for the things that matter most in their lives and businesses.”

These network developments form the foundation of Flow’s new nationwide campaign, ‘This Is TCI’s Network’, which highlights the company’s long-term commitment to the Turks and Caicos Islands and its role in connecting communities and supporting the country’s continued development.

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Government Restates Commitment to TCI’s Telecommunications Evolution

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Deandrea Hamilton | Editor

PROVIDENCIALES, TURKS AND CAICOS ISLANDS — The Turks and Caicos Islands Government is embracing satellite technology while reaffirming that neither Flow and Digicel nor plans for national fibre-optic infrastructure will be abandoned as the country enters a new era of telecommunications.

The position was underscored during the August 27 licensing of Starlink Caribbean LLC, completing a process that Kenva Williams, Director General of the TCI Telecommunications Commission, said took two years.

Minister responsible for Telecommunications Shaun Malcolm stressed that Starlink is intended to complement the telecommunications infrastructure already built across the islands, with Government remaining committed to supporting existing providers as technology evolves.

That commitment was echoed emphatically by Williams, who acknowledged concerns among the country’s established telecommunications companies about the arrival of the global satellite provider.

“The stakeholders are concerned, of course — Flow and Digicel — but I would say, as a regulator, you’re not going to fail, not on our watch. We’re going to ensure that policies are in place to keep the terrestrial services alive,” Williams said.

He explained that the established providers remain essential because of the infrastructure and mobile networks they operate.

“They are the ones who have infrastructure. They are the ones who provide the mobile services. We have to implement policies to ensure that they are well and alive while Starlink is here.”

Starlink’s entry was also strongly supported by consumers. Williams revealed that during consultation, 80 per cent of respondents indicated they wanted the satellite internet service.

The Commission nevertheless spent two years establishing an appropriate regulatory framework, consulting existing operators and stakeholders and addressing licensing, spectrum and competitive concerns before approving Starlink.

Government is also maintaining its longer-term ambition of a national fibre network, despite the considerable expense involved. Williams used the licensing ceremony to publicly urge Government to continue pursuing the project.

“Please do not lose the dream of the national fibre. That is needed. It is a must,” he said, with Malcolm reaffirming Government’s commitment to the development.

The approach positions satellite, terrestrial and fibre technologies as complementary pieces of TCI’s future telecommunications network rather than competitors from which only one can survive.

Starlink offers an immediate advantage for the country’s geography, particularly sparsely populated islands where laying extensive terrestrial infrastructure can be difficult and expensive. TCI now joins more than 20 Caribbean countries and territories where Starlink is available, expanding broadband options for homes and businesses.

The service also provides another layer of communications resilience during hurricanes and other emergencies when conventional infrastructure may be damaged or inaccessible.

Starlink will operate independently from Flow and Digicel for its regular satellite internet service, although future Direct to Cellular services will involve partnerships with the two mobile providers, according to Williams.

One significant difference will remain between the new entrant and TCI’s established telecommunications companies: Starlink will not maintain a physical office in the Turks and Caicos Islands. Williams confirmed that its operations and customer interactions will instead be conducted online.

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