From OfReg

Provision of access to the internet by WiFi Hotspot for a fee or other commercial benefit without a licence is an offence.  OfReg will begin taking enforcement action against any person or businesses continuing to operate without a licence, which could result in a conviction, rendering a person liable to a fine of fifty thousand dollars ($50,000) and prison for five years. If the offence continues, a further ten thousand dollars ($10,000) could be fined for every day the offence continues.

See below:

Warning: Provision of access to the internet by WiFi Hotspot for a fee or other commercial benefit without a licence is an Offence

All persons or businesses providing an ICT service over an ICT network to the public for revenue of any kind MUST be licensed in accordance with all applicable Laws and Regulations. Therefore, a person or entity offering public WiFi service for a fee is deemed to be operating as an Internet Service Provider and requires an ICT licence.

There are currently no WiFi Hotspot providers licensed by the Office to offer such service within the Cayman Islands.

What is Prohibited?

Engaging in an ICT service as defined by the Office, including the provision of access to the internet by Wi-Fi Hotspot without being licensed. This includes using a legally obtained internet connection and reselling access to such service.

I think I’m in breach. What should I do?

If you are providing or reselling an ICT service without a licence, you should stop immediately. Consider applying to the Office for a license to be allowed to legally provide an ICT service over a ICT network, and submit an application accordingly.

Application information can be found here: http://www.icta.ofreg.ky/application-forms

Enforcement Action by the Office:

All unlicensed persons or businesses offering this service or allowing such service to be offered from their premises are advised to stop such activity immediately. The Office will begin taking enforcement action against any person or businesses continuing to operate without a licence, which could result in a conviction, rendering a person liable to a fine of fifty thousand dollars ($50,000) and prison for five years. If the offence continues, a further ten thousand dollars ($10,000) could be fined for every day the offence continues.

Applicable Laws

Section 2 of The Information and Communications Technology Law (2016 Revision) states, an “ICT Service” is defined as “any information technology service, telecommunications service, electronic media and broadcast service, Internet service, digital library and commercial information service, network-based information service and related specialised professional service provided by electronic means and any other similar service and includes a service that consists of or includes the provision of ICT infrastructure.”

Section 2 also provides the definition of an “ICT Network”, which means “any network used in connection with the provision of an ICT Service”.

Additionally, by way of Notice in Extraordinary Gazette 40/2011, the Office determined that a licence is required to be a provider of internet service.

Issued by: Utility Regulation and Competition Office (OfReg)

Need more information? Please contact the Mr. Sonji Myles Deputy Director ICT, at 946-4282.

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IMAGE: Green Tree Public Library