ADVERTORIAL IN CONVERSATION WITH BERMUDA’S REGULATORY AUTHORITY New and innovative legislation to further develop and enhance Bermuda’s offering for the submarine cable industry was passed by the government last year. The Submarine Communications Cable Act 2020 (the Act) provides a regulatory framework for the installation, maintenance, and support of submarine communications cables, in addition to the establishment of a new submarine cable protection zone. Fiona Beck, Director of the Bermuda Business Development Agency, Past President of SubOptic and Former President and CEO of Southern Cross Cable Network, recently caught up with Denton Williams, Chief Executive Officer of the Regulatory Authority of Bermuda, to discuss the latest developments and why industry players should take note of the benefits Bermuda offers, including data sovereignty, and traffic and network management.
strategic partner and provides a single point of contact to streamline the process, with a 60 – 75 day approval approach in line with best industry practice. Once the legislation passed, we then entered an exercise of industry benchmarking to establish the necessary fee structure which was finalised at the end of 2020. The fee structure has been developed to encourage systems to land.
Fiona Beck Denton, it is great to be chatting with you today. Perhaps you can start by giving a high-level overview of the latest developments in Bermuda and what they mean for the industry? Denton Williams Yes, absolutely. The Bermuda Government, the Regulatory Authority and the Bermuda Business Development Agency have been focused on working together to create a robust legislative framework for the development of the submarine cables industry in Bermuda, building on our long history and involvement in this space. A comprehensive report was conducted by EGS Survey in 2019 to look at all the factors required. The report concluded that there were two newly identified and geographically diverse landing spots suitable for submarine cables. Following consultation with stakeholders, a Submarine Protection Zone was established and incorporated into the legislation. Bermuda is unique in that we have also developed a dedicated business concierge service. Managed by the Regulatory Authority and supported by the Bermuda Business Development Agency, this service acts as a
Fiona Beck As we know, time is money and it is a crucial factor in the decision-making process when identifying a location to land a cable. You mentioned Bermuda’s efficiency in terms of the approval process, but can you shed some light on the specifics of what is required? Denton Williams To enable the Regulatory Authority to process an application as quickly as possible, it is prudent to consult with the Department of Environment and Natural Resources to agree the content and scope of the environmental impact assessment (EIA), which leads to the environmental impact statement (EIS). This allows for key environmental issues to be reviewed, understood and assessed by the government’s technical officers prior to the application. Following the submission of a complete application, together with the associated fees, the process normally takes 60 business days and a maximum 75 days. As I mentioned, we have a business concierge service in place and can work closely with the project developers to guide them through the process.
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Fiona Beck Can you tell us more about the significance of a Submarine Protection Zone? Denton Williams The Submarine Protection Zone provides two main advantages. Firstly, it supports the ability to approve an application within 60 to 75 business days. Although an environmental impact study will still be required by the applicant, the depth of that study will be significantly reduced and, as a result, it will be more cost effective. Secondly, the zone provides assurance to our applicant that their cables will be protected in our waters.
