PUC Moves to Test Telecom Dominance, Invites Public Input

The Public Utilities Commission (PUC) has issued an Initial Determination that questions whether competition in Belize’s telecommunications sector is strong enough to protect consumers.

The 57-page document, released for public consultation, sets out the Commission’s preliminary assessment of competition in both retail and wholesale telecommunications markets.

It examines whether existing market conditions allow any licensee to act independently of competitors, customers, or consumers, a threshold that may justify regulatory intervention under section 42 of the Telecommunications Act.

According to the PUC, the purpose of the review is consumer protection. It warns that weak competitive constraints can expose users to excessive pricing, limited service choice, reduced quality, or discriminatory treatment.

Where competition is effective, the regulator says market forces should deliver protection. Where it is not, oversight may be required.

Meanwhile, section 19(5) of the Telecommunications Act is the gatekeeper. No sale, merger, or transfer of control can happen without the PUC’s prior written approval. The PUC can reject any deal that undermines the Act’s objectives. The Act exists to prevent monopolies, protect consumers from excessive prices, and ensure fair competition.

The PUC’s Initial Determination now places those warnings into a formal regulatory frame.

Stripping away the legal language, the Commission’s exercise boils down to one core question: If Speednet disappears, does competition disappear with it?

The Initial Determination makes clear that the PUC is not ruling on the acquisition yet. It said, “This Initial Determination is issued expressly for consultation,” adding that it “does not constitute a final determination of market dominance, does not impose any obligation, restriction, requirement, or prohibition on any service provider, and does not represent a finding of breach of the Act.”

The assessment covers a wide range of services. At the retail level, it examines fixed voice, mobile services, broadband internet access, international roaming, toll-free services, and enterprise messaging.

At the wholesale level, it looks at call termination, network access, leased lines, and international connectivity. Control at this level shapes competition downstream. The PUC warns that dominance in wholesale markets can spill into retail markets, reinforcing power and limiting rivals’ ability to compete on fair terms.

The PUC notes that market dominance does not imply unlawful conduct. Instead, it serves as a regulatory test to determine whether enhanced oversight may be necessary and proportionate to protect users and promote effective competition.

The regulator also pointed out that its analysis is forward-looking and based on current and foreseeable market conditions, not past regulatory decisions or commercial transactions.

Interested parties, including licensees, consumer groups, and members of the public, are invited to submit written comments by 4:00 p.m. on March 2. Submissions will inform whether the initial findings are confirmed, amended, or withdrawn before any final determination is made.

Meanwhile, BTL insists no final decision has been taken and says it is operating within the law. The proposed acquisition continues to gain opposition by Business groups, churches, media and civil society.