Answers to Questions asked by the Leader of The Opposition to the Minister for Communications and Works at the Tenth Sitting of the First Session of The First House of Assembly of The Virgin Islands Held on Tuesday, 22nd July 2008


ROADTOWN, TORTOLA, Question 1: Mr. Speaker, would the Honourable Minister for Communications and Works please tell this Honourable House:

a) What is the estimated cost of the extension to the cruise ship dock; and

b) Why is he extending the dock when Government’s policy is to stop the cruise ships from coming to the BVI?  ~~Adz:Right~~

Answer:
1.  (a) Mr. Speaker, the cruise ship dock extension and repair project was recently tendered, and the wining bid has not yet been announced.  Mr. Speaker the design engineers estimated that the construction cost would be in the range of $10,000,000 dollars.

(b) Mr. Speaker, the leader of the Opposition’s premise is either intentionally misleading or simply innocently misguided; however in any event plain wrong, for it was his Government which showed indifference to Cruise Ships coming to the Territory.  Mr. Speaker, that is a documented fact.  Members will recall the public outcry caused.

But if the Leader of the Opposition truly wants to know our reason for extending the Pier I will tell him.

Mr. Speaker, on assuming the office of Minister for Communications and Works in August 2007 it was brought to my attention by representatives of Celebrity Cruise Lines, a sister company of royal Caribbean Cruise Lines; that they had already confirmed bookings on their ships and berths with confirmed calls into Road Harbour, at the expanded cruise pier in November 2008.

Mr. Speaker, Celebrity Cruise Lines clearly expounded that after the former Government: his government, confirmed that the works would be completed, they expended significant amounts of resources marketing their itinerary and could not at his time cancel the calls, or change itinerary without significant costs and liability.  Mr. Speaker, I then requested a briefing from the BVI Ports Authority, who along with the design engineer that the Ports Authority had already engaged presented their advanced design for the project.

Mr. Speaker, the Virgin Islands Party Government continued with the project already set in motion by the previous NDP Government in order to avoid embarrassment, and possibly liability.
Question 2:
Mr. Speaker, would the Honourable Minister for Communications and Works please inform this Honourable House of what responsibility the BVI Electricity Corporation has to the community for electrical items damaged by power outages?

Answer:
Mr. Speaker, regarding the BVI Electricity Corporation’s responsibility to the community for any damage caused to electrical items because of power outages, the corporation in accordance with Section 29 of the British Virgin Islands Electricity Corporation Ordinance (CAP. 277):

1) “The Corporation shall not be liable for any nuisance, damage or loss occurring by reason of the vibration, smoke, smell, emission or noise of any engine, turbine or generating unit used by the Corporation except such nuisance, damage or loss is due to the negligence or wilful default of the Corporation, its servants or agents. And

2) The Corporation shall not be liable for any damage or loss occasioned by any failure or deficiency in the supply of energy howsoever caused.”

The Corporation is not liable as stated in the section.    ~~Adz:Right~~

Question 3:
Mr. Speaker, would the Honourable Minister for Communications and Works please inform this Honourable House of what the Telecommunications Regulatory Commission’s role is in the management of the telecommunications industry?

Answer:
Mr. Speaker, it is my humble opinion that the TRC which as the R in the name represents it strictly a Regulatory Agency and has no role in the Management of the Telecommunications Industry.  However Mr. Speaker, in the interest of completeness, I feel duty bound to point out the various Regulatory functions of the Commission.

Mr. Speaker, in broad terms, those obligations are to license, regulate and develop the Telecommunications Services Industry in the Virgin Islands.

The specific functions of the TRC are found in Section 6 of the Telecommunications Act 2006.  Subject to the provisions of the Act, the Commission is directed to:

a) Advice the Minister on positions and policies relating to telecommunications issues at international, regional and national levels;

b) Establish or monitor the implementation of national telecommunications standards and ensure compliance therewith;

c) Implement and enforce the provisions of this Act, the Regulations and the Telecommunications Code and to issue instructions accordingly;

d) Be responsible for the regulation of licensees and authorisation holders and for ensuring fair competition among licensees and all other operators of telecommunications networks or providers of telecommunications services;

e) Determine applications for licenses and frequency authorisations for any of the purposes specified in this Act and monitor, enforce and ensure effective compliance therewith and to issue instructions accordingly;

f) Manage the spectrum;

g) Administer the numbering plan;

h) Administer domain names;
i) Determine which telecommunications services should be made available, pursuant to section 28, throughout the Virgin Islands and establish and monitor the funding mechanisms therefore;

j) Collect all fees and any charges payable to the Commission under this Act;

k) Investigate and resolve any dispute relating to interconnection or to the sharing of facilities or utility installations or any other matters arising under this Act;

l) Investigate and resolve all complaints of harmful interference made to the Commission or of which it has knowledge;

m) Where it deems appropriate, investigate within a reasonable period complaints by users of their failure to obtain redress from public suppliers or other licensees in respect of rates, billings and services provided, and to facilitate relief where necessary;

n) Establish procedures, which shall be included in the Telecommunications Code, for investigations and the facilitation of relief under paragraph (m) and for the resolution of disputes between or among any public operators, other licensees, users and other persons in relation to compliance with this Act, the Regulations, the Telecommunications Code, licenses or instructions, and in particular in relation to interconnection, access and access facilities, and such procedures may include provision for regulatory adjudication through public hearings or public consultations or through arbitration, negotiation and mediation and other alternative dispute resolution processes;

o) Carry out, on its own initiative or at the request of any person, investigations in relation to the conduct of a person as will enable it to determine whether and to what extent any person is engaging in conduct in contravention of this Act;

p) Establish quality of service indicators, reporting requirements for operators and service providers and otherwise monitor and protect the interests of users of telecommunications services;

q) Certify and ensure the testing of telecommunications equipment for compliance with

i. Applicable national and international standards; and
ii. Environmental health and safety standards, including electromagnetic radiation and emissions;

r) Promote the systematic development of telecommunications throughout the Virgin Islands;

s) Obtain such information from persons as is needed to carry out any of its functions;

t) Prepare legislative briefs for the drafting of the Regulations;
u) Do all such other things as are necessary or expedient to give effect to its functions specified in paragraphs (a) to (t).