Deepening our democracy and their pockets

Mon, Sep 17th 2012, 08:55 AM

"Cable Bahamas has earned profits of over $203 million in fourteen years."
Last week in this column, we asked our readers to consider whether the Utilities Competition and Regulatory Authority (URCA) should approve Cable Bahamas' request for an increase of the basic cable fees by as much as 27 percent. We foreshadowed a town meeting that was organized by URCA on Tuesday, September 11 to allow them to hear the public's views on the requested increase. We went to that town meeting which was well-attended, lively and, at times, even passionate.
Therefore, this week we would like to Consider This... was the URCA town meeting productive? What, if anything, did it teach us about Cable Bahamas?

Meeting overview
The URCA-hosted town meeting was represented by some of its senior executives. Several Cable Bahamas executives were also present as well as one identifiable director of that Company. The meeting was chaired and the ground rules were clearly explained by URCA's general counsel and, except for several reminders to allow individuals to be heard, the meeting was lively and occasionally boisterous.
There were approximately 200 persons at the meeting and at least 50 of them spoke to the issue.

Not one single person who publically expressed their view felt that the increase was justified or should be approved. There was unanimous objection to the proposed price increase. We did not get a sense that anyone in attendance felt intimidated about supporting the price increase. Admittedly, URCA did not adequately explain the reason for the proposed increase, except to state that Cable Bahamas felt that the cost of programming had increased, without any statistics to support Cable's claims, as well as the fact that the cost of living had increased since 1995 by 37 percent.

Expressed sentiments
Some of the sentiments expressed by participants at the town meeting included the following:
o Cable Bahamas should be ashamed of itself for asking for an increase;
o In light of the channels that subscribers are receiving and Cable's poor level of service, Cable is not entitled to an increase;
o Cable should consider keeping the current price level while decreasing the number of channels offered because many subscribers could do without some of the channel offerings;
o It is patently unfair for Cable to charge a reconnection fee of $55 or $56, particularly given the frequent outages experienced by some subscribers;
o Given its monopoly, subscribers are held technologically hostage because there is no choice of service providers;
o There are many students who rely on the Internet for study purposes and "without Cable Bahamas, we are technologically blind";
o Too many of the channel offerings are in Spanish which, in an English speaking country, is unacceptable;
o This town meeting was only cosmetic and a farce and it was felt that a decision had already been made by URCA to grant the increase;
o URCA was asked to quantify how much of The Bahamas has cable, pursuant to Cable Bahamas' mandate to "provide cable to the entire Bahamas." URCA never answered the question;
o It is grossly unfair for Cable Bahamas to charge households $30 and $50 to businesses for its monthly service. This disparity is unacceptable and unjustifiable;
o Cable Bahamas is demonstrating that it is the worst kind of corporate citizen by asking poor people for an increase while many Bahamians are still suffering the effects of the economic downturn; and
o The proposed increase of $8 for household consumers is unconscionable because with that amount "we can buy at least eight tins of tuna fish or at least three tins of corned beef".
Perhaps the biggest bomb shell was dropped when activist Rodney Moncur asked URCA to confirm that its Chairman Randol Dorsett is the lead attorney for Cable Bahamas, which Moncur maintained resulted in a gross conflict of interest. Moncur added that "it is professionally immoral for the chairman of URCA to be Cable Bahamas' lead counsel (in the Supreme Court) and therefore has no confidence in URCA's ability to be independent in this matter". The question went unanswered.

Cable Bahamas director's views
While no one from Cable Bahamas spoke at the town meeting, in an interview with one of the daily newspapers, Dionisio D'Aguilar, one of the Company's Directors, agreed that if Dorsett is still Cable Bahamas' lawyer and URCA's chairman, "that does seem to be a bit of a conflict". He was also quoted as describing the meeting as "stupid" and a "complete waste of time". He continued that for Cable Bahamas, "it made no sense for them to respond to those people". He is also quoted as saying that "those town meetings are the stupidest things that God ever created. They are always out of control; they are just a way for people to vent".

Cable Bahamas' financial results
When asked about the level of profits that Cable Bahamas has earned over the years, one of URCA's executives replied that Cable Bahamas is a public company whose profits can be viewed online. So we went online and noted a startlingly revealing history of profitability by that company. For the period 1998 to 2011, the published annual audited net profits earned by Cable Bahamas are as follows:
It is revealing that Cable Bahamas earned a net profit of $7.2 million in 1998 (its lowest) and a record high net profit of $28.5 million in 2009, or an average annual net profit of $15 million for the 14 years reported. Could it be that the company applied for a rate increase in 2011 because it realized that its annual net profits were declining from 2009 and wanted a higher return for its shareholders that approached that banner year results? Is that sufficient justification for a rate increase?
Or perhaps Cable Bahamas has noticed that, because of the economy, its subscribers have migrated from the more expensive packages to the basic package, thereby accounting for some of the decline in its profits. So, instead of applauding the allegiance of its subscribers who, in such a desperate economy, have found a way to stick with cable, albeit in a smaller way, in an example of capitalism at its worst, cable decides to raise the price of that basic package, perhaps taking it out of the reach of the very customer who has been forced to drop the more expensive package to scrap together that $30 each month. To even the casual observer, it appears to be a classic case of corporate and individual greed.

Conclusion
Whatever one might think about URCA's town meeting, one thing is certain. These types of public fora are indicative of a maturing and deepening democracy which enables citizens to express their views on issues of national importance. They should be encouraged and we commend URCA for hosting such meetings, even if they are uncomfortable for some of the stakeholders. To date, given the enormous profits that Cable Bahamas has earned over the years, especially in light of its cable monopoly, a persuasive argument has not been made that would support the proposition that URCA should grant the requested increase at this time, having regard for the already high cost of living that many Bahamians are experiencing.
This exercise has clearly demonstrated that such public meetings will contribute to the deepening of our democracy even while a monopolistic company is simultaneously seeking to deepen its coffers and the pockets of its shareholders.
Next week, we will consider how, from its inception, URCA seems to be plagued with charges of conflicts of interest and what can be done to overcome such perceptions and allow them to do their important work, free of the shadow of scandal.

o Philip C. Galanis is the managing partner of HLB Galanis & Co., Chartered Accountants, Forensic & Litigation Support Services. He served 15 years in Parliament. Please send your comments to pgalanis@gmail.com.

Click here to read more at The Nassau Guardian

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