OFREG ENFORCEMENT ADVISORY INTERNET “WiFi” HOTSPOTS

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

All persons or businesses providing an ICT service over an ICT network to the public for for a fee 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 cease such activity 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

Applicable Laws
Section 2 of The Information and Communications Technology Law (2016 Revision) (ICT Law) 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”.

OFREG ENFORCEMENT ADVISORY INTERNET “WiFi” HOTSPOTS
Additionally, by way of Notice in Extraordinary Gazette 40/2011, the Office pursuant to section 23 (2) of the ICT Law determined that a licence is required to be a provider of internet service. This includes provision by way of resale of a legitimate service.

Pursuant to Section 82 of the ICT Law, 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.

Issued by: Utility Regulation and Competition Office (OfReg) Need more information? Please contact Mr. Sonji Myles Deputy Director ICT, at 946-4282.