A new regulatory framework to regulate the supervision in the telecommunications sector must create the proper preconditions and lay down standards for the realization of the policy objectives that are at the base of new policy and supervision frameworks.

These new policy and supervision frameworks are the basis on which a reviewed supervision policy for the coming years is determined to regulate the telecommunications sector and which will eventually be incorporated in a new National Ordinance Telecommunications.

The main elements structuring the new policy and supervision frameworks are:

• The regulation of market entry by potential providers
  through pre-determined requirements for reliability, creditworthiness, professional competence and building, maintaining and commercializing the electronic communication networks. A licensing system for entry regulation, a frequency and numbering policy for assigning and controlling frequencies and numbers and applied requirements for installing cables are leading within this framework, in the regulation of entry to the market.
• The regulation of market behavior of the individual provider
  through free entry subject to a license and promotion of competition to warrant the availability and quality of the service provision for the end user. Besides this, there are measures that apply in the field of inter-operability of services to warrant the communication between end users on different networks with each other.
• Monitoring the interests of end users
  through pre-determined regulations that apply to service provision agreements between providers and end users, preconditions to the protection of personal data and the annual obligation for providers to report on the quality of the services provided and provisions to end users.
• Monitoring the interests of society
  through pre-determined regulations of how to act in extraordinary circumstances and crisis situations (such as in case of natural disasters and emergencies) when arranging telecommunications to warrant that the telecommunications provision essential elements continue to function. This includes rules regarding wiretapping telecommunications for the purpose of fighting crime and to protect national security.
• Dispute resolutions
  through pre-determined regulations of how to act in case of disputes between providers and end users and providers among each other.
• Methodology to enforce supervision
  embraces that the supervision for compliance with the new National Ordinance Telecommunications continues to be organized as in the current National Ordinance on the telecommunications provisions.
  This means the compliance supervision, the policy-based support of the minister and the support upon granting the required licenses, registration and number allocation remain in the hands of BT&P.
• Supervision approach
  comprises the indirect regulation of the market according to the new policy and supervision frameworks through regulation creating conditions for healthy development of the market for electronic communication.
• Supervision on peripheral equipment, radio transmitter equipment and other equipment
  through technical requirements that equipment permitted in Curaçao must comply with. In the current system this equipment must be tested for conformity with the technical requirements.
• Supervision on funding
  through fees imposed on concession holders and authorization holders for the use of frequencies and numbers on the basis of rules laid down for the determination of the level of the fees.