Telecommunications laws and regulations

The basis for all rules that apply to telecommunications on Bonaire, St. Eustatius and Saba is the ‘Wet telecommunicatievoorzieningen BES’ [BES Telecommunications Act]. The Act includes a number of decisions and regulations, the so-called subordinate regulations.

The overview below shows all laws and regulations in which the Radiocommunications Agency Netherlands is charged with implementation and supervision.

BES Telecommunications Act (Wtv BES)

The Wtv BES mainly regulates the regulations with regard to the use of telecommunications equipment. This concerns concessions for the telecommunications infrastructure (fixed and mobile telephony), radio transmission equipment for which a licence is required, exempt equipment (without licence), radio transmission exams, licences for equipment and various forms of supervision (testing, inspection and the imposition of sanctions).

BES Telecommunications Act and BES Post Office Act Designation of Supervisor Decree

This decision regulates who the supervisors are for the Wtv BES and the Wet post BES. Employees of the Radiocommunications Agency Netherlands are still authorised to supervise postal services, but no longer do so. This is entrusted to the Netherlands Authority for Consumers & Markets (ACM).

BES Wire Broadcasting and Cable Establishment Decree

This includes the regulations for telecommunications cables (including submarine cables) and cable television.

BES Telecommunication Services Order

This includes the regulations on the construction and operation of the telecommunications infrastructure by concession holders. This decision concerns the various services that can be assigned to a concession holder.

Besluit radio-elektrische inrichtingen BES [BES Radio Electricity Decree]

This includes the regulations for the trade in, possession, construction and use or operation of transmitting and receiving equipment. These rules promote efficient use of frequency space.

This means that Radiocommunications Agency Netherlands ensures that transmitting and receiving equipment causes as little interference as possible on other devices. Conversely, equipment must also be sufficiently resistant to interference from other devices. Radiocommunications Agency Netherlands does this by assessing whether equipment can be admitted to the market and setting conditions for its use.

BES Radio Amateurs Decree

This includes the rules that radio amateurs must adhere to when using radio transmitting equipment.

BES Peripheral Equipment Decree

This decision contains rules for the trade in peripheral equipment and the technical requirements it must meet. Radiocommunications Agency Netherlands does this by assessing whether equipment can be admitted to the market.

BES Shipping Telecommunications Decree]

This includes rules that specifically apply to the construction, availability and use of telecommunications equipment on board ships and coastal stations.

BES Transmitter Authorisation Exemption Decree for Government Institutions

The Royal Netherlands Navy, the Caribbean Coast Guard and the Ministry of Infrastructure and Water Management do not require authorisation for the use of frequency space. This regulation regulates the frequency use by these government bodies.

BES amateur radio examinations Regulation

These regulations contain provisions for the examinations for radio amateurs.

BES maritime radiocommunication examinations Regulations

This regulation contains provisions for the examinations for maritime radio communication.

BES Telecom Agency Fee Schedule 2015

This regulation contains provisions about fees that the agency asks for, for example, licences, exams, inspections, supervision and interference reports.

BES Telecom Agency Fee Schedule for Telecommunications Concessions 2015

This regulation contains provisions about fees that the agency charges for concessions.

BES Telecommunications Licence Exemption Regulation 2016

This exemption regulation sets out the conditions for the use of radio equipment for which no licence is required.