Section 9Part 2 — Powers and Functions of Office
Powers and functions of Office
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Subject to this Act, the Office has power to do all things necessary or convenient to be done for or in connection with the performance of its functions under this Act.
For the purposes of this section, the Office shall —
allocate the electromagnetic spectrum for facilities and specified services within the Islands, or between the Islands and elsewhere;
determine methods for assigning the electromagnetic spectrum;
issue licences authorising the use of specified portions of the electromagnetic spectrum, including those used on any ship, aircraft, vessel or other floating or airborne contrivance or spacecraft registered in the Islands; and
institute procedures for ensuring the compliance by licensees with any obligations regarding the use of the electromagnetic spectrum, imposed by or under the licence, this Act or any regulations made hereunder.
Without prejudice to subsections (1) and (2), the principal functions of the Office are —
to promote competition in the provision of ICT services and ICT networks where it is reasonable or necessary to do so;
to advise the Minister on ICT matters, including compliance with Government's international obligations, market liberalisation and competitive pricing;
to encourage the maintenance of a sufficient plurality of providers of different television and radio services;
to promote the application, in case of all television and radio services, of standards that provide adequate protection to members of the public from the inclusion of offensive or harmful material in such services;
to promote, through public education, research and development initiatives, ICT in the Islands;
to investigate and resolve complaints from consumers and service providers concerning the provision of ICT services and ICT networks;
to determine the categories of licences to be issued under this Act and the Electronic Transactions Act (2003 Revision);
to license and regulate ICT services and ICT networks as specified in this Act and the Electronic Transactions Act (2003 Revision);
to collect all fees, including licence fees, and any other charges levied under this Act or the Electronic Transactions Act (2003 Revision) or regulations made thereunder;
to resolve disputes concerning the interconnection or sharing of infrastructure between or among ICT service providers or ICT network providers;
to promote and maintain an efficient, economic and harmonised utilisation of ICT infrastructure;
to promote the proper functioning of the critical ICT infrastructure;
to set up, manage and control the Cayman Islands cyber incident response team whose role it is to promote and enhance the security and resilience of the critical ICT infrastructure, and maintain an effective, efficient and innovative Internet environment;
to develop and maintain cyber security strategies that enhance and support the security and resilience of national and critical ICT infrastructure towards increased economic prosperity, safe and secure business and innovation;
to facilitate collaboration between the Government, other governments and agencies in support of cyber security information sharing and cyber security strategies towards local and global efforts in combating cyber threats;
to conduct a non-interference related spectrum analysis if requested by a person interested in capturing certain data for that person's internal use and the Office agrees to the analysis;
to be the sole person appointed under this Act to be the Administrative Point of Contact and the only person responsible for the management and control of the top level of the global Internet Domain Name System held in trust for the Internet and the Islands;
to act on any matter referred to it by the Minister or the Chief Executive Officer at the Office appointed under the Utility Regulation and Competition Act (2024 Revision); and
to carry out such other functions as are conferred on the Office by or under this Act or any other law.
The Office may regulate the rate, prices, terms and conditions of any ICT service or ICT network that is required to be licensed where the Office is of the opinion that it is in the interests of the public to do so.
Defined Terms
OfficeICT servicesICT networkselectromagnetic spectrumcritical ICT infrastructurelicence
Cross References
- Section of Electronic Transactions Actexternal
Referenced in sections 9(3)(d) and (e) regarding licence categories and regulation
- Section of Utility Regulation And Competition Act
Referenced in section 9(3)(j) regarding Chief Executive Officer appointments