After Hurricane Irma, BVIEC discontinued their prior industry practice whereby BVIEC and BVI Cable TV allowed mutual pole sharing at no cost. BVIEC has now instituted a new policy whereby BVIEC requires each operator to pay a fee for pole sharing. Although this change fundamentally alters the cost of operating in the British Virgin Islands, BVI Cable TV has no objection to the change, except that any fee charged must be in accordance with the Telecommunications Code, Section 18, Paragraph (1) which specifically states that “every public supplier and public utility must offer to provide and provide access to facilities and utility installations on a non-discriminatory and equitable basis, including with respect to rates, location and other commercial matters”.

However, BVIEC has insisted on charging BVI Cable TV a rate far exceeding what another local telecommunications provider is being charged. Unfortunately, this dispute is now in court and an injunction stopping BVI Cable TV from continuing our network deployment has been issued. This is disappointing given the desperate need to rebuild infrastructure in the British Virgin Islands and the long-standing cooperative relationship between BVIEC and BVI Cable TV. Immediately after Hurricane Irma, BVI Cable TV gave all of our unused pole inventory to BVIEC to facilitate their immediate recovery efforts. BVI Cable TV has never prevented or even attempted to charge BVIEC for using any of our pole infrastructure either before or after the storms. Whereas, since the storms, BVIEC has consistently tried to prevent BVI Cable TV from attaching to their pole infrastructure either by outright barring us or charging exorbitant fees several times the amount charged to another local telecommunications company.

Furthermore, even the British Virgin Islands Electricity Corporation Act, Cap. 277, Section 17, Paragraph (2) clearly indicates regarding the fixing of tariffs that BVIEC “may prescribe different tariffs or methods of charge for different types of service or supply and for different areas”. However, in the case of pole sharing BVIEC is essentially attempting to prescribe different tariffs or methods of charge for the same service in the same area. This is discriminatory, inequitable and ultimately unfair.

BVI Cable TV continues to make every effort to restore our network infrastructure to provide cost effective reliable broadcast television and high-speed internet options to the British Virgin Islands. We hope that the public will understand these delays which are beyond our control and join us in demanding that the Government of the Virgin Islands is fair and equitable to all telecommunications providers.