Cable and Wireless Public Limited Company (Consolidated Licence) Act 1985

in connection with the licence for any period not exceeding in the whole twenty-one years.

Land ownership to continue

5 All the land in Bermuda described in the Third Schedule which is at the date of the coming into operation of this Act, held and owned by the Company shall continue to be held and owned by the Company.

Company may remit proceeds of sale of business

6 Notwithstanding anything contained in the Exchange Control Act 1972 [title 16 item 1] or any Act replacing or amending the same or any regulations made thereunder, the Company shall be entitled on the ter mination of the licence to remit out of Bermuda free from any restrictions or control under the Exchange Control Act 1972 and regulations made thereunder any moneys paid to it in respect of the sale of its telecommu nications business and land in Bermuda.

Companies Act 1981 not to apply

7 Nothing in the Companies Act 1981 [title 17 item 5] shall apply to the Company.

Delivery of particulars to Registrar of Companies

8 (1) Within one month of the date of execution of the licence the Company shall forward to the Registrar of Companies—

(a) a copy of its memorandum or in the event of it not hav ing a memorandum, a document setting out the objects of the Company, the names of the directors and their nationalities and the amount of its authorized and paid up share capital;

(b) the following particulars—

(i) the name of the Company;

(ii) its principal place of business in Bermuda and the address of its registered office outside Bermuda;

(iii) the date and place of its incorporation; and (iv) the date of its licence.

(2) Any alteration of the memorandum or other document or of the particulars supplied under subsection (1) shall be notified by the Company to the Registrar within thirty days of the alteration becoming effective.

Suits against Company in Bermuda

9 The provisions of the External Companies (Jurisdiction in Ac tions) Act 1885 [title 8 item 74] shall apply to the Company.

Power to lay lines on public highways

10 The Company may, with the prior consent in writing of the Min ister responsible for telecommunications and of the Minister responsible for works and engineering, enter upon any public road now existing or which may hereafter exist or be made in Bermuda and may place there under or erect thereon in such places and positions and in such manner as the Minister responsible for works and engineering may sanction, any telecommunications line or lines with all necessary posts, supports, wires, pipes, and other apparatus; and with the like permission may at all times alter the position or arrangement of such posts, supports and pipes, and alter, diminish or add to the wires or other apparatus of the said work—

Provided that the public traffic on the roads shall not be unrea sonably impeded, obstructed or interfered with.

Power to lay lines in Municipality

11 The Company, on receiving the consent in writing of the Minister responsible for telecommunications and of the Corporation of the City of Hamilton or of the Corporation of the Town of Saint George, as the case may be, shall have the like powers with respect to the streets of the said City and Town respectively as are conferred on the Company by section 10 in reference to the public roads, and the provisions of section 10 shall apply, mutatis mutandis, to the streets of the said City and Town as if the same were reenacted with reference thereto.

Repeals

12 Upon the date of the execution of the licence by the parties thereto the Acts set out in the First Schedule shall be repealed and the several licences granted thereunder shall cease to have effect but without prejudice to any rights and liabilities subsisting immediately before that date.

Saving of rights of Crown and others

13 Nothing in this Act contained shall be construed to affect the rights of Her Majesty, Her heirs and successors, or of any body politic or
corporate, or of any other person or persons except such as are men tioned in this Act, and those claiming by, from or under them.

FIRST SCHEDULE (Section 12)

(i) The Halifax and Bermuda Cable Company Act 1890.

(ii) The Direct West India Cable Company Act 1897.

(iii) The Cable and Wireless (West Indies), Act 1948.

(iv) The Cable and Wireless (West Indies) Limited, Coaxial Cable Act 1960. (License for Mana hawkin cable and standby radio installation).

(v) The Cable and Wireless (West Indies), Limited, Licence Act 1963. (Licence for Wireless Telegra phy Station).

(vi) The Cable and Wireless Act 1964.

(vii) The Cable and Wireless Act 1964 Amendment Act 1965.

(viii) The Cable and Wireless (West Indies) Limited Coaxial Cable Act 1965. (Licence for British Vir gin Islands cable and standby radio installa tions).

(ix) The Cable and Wireless Limited Coaxial Cable Act 1967. (Licence for Canada cable and standby radio installation).

SECOND SCHEDULE (Section 3)

THIS DEED made this [blank] day of [blank] 19 [blank], Between THE MINISTER RESPONSIBLE FOR TELECOMMUNICATIONS acting for and on behalf of the Government of Bermuda (hereinafter called "the Minister") of the one part and CABLE AND WIRELESS PUBLIC LIMITED COMPANY whose registered office is situated at Mercury House, Theobalds Road, London WCIX 8RX (hereinafter "the Licensee") of the other part:

WHEREAS the Licensee is maintaining and operating telecom munication services in Bermuda by radio, submarine cables and other means by virtue of the Acts set forth in the First Schedule to the Cable and Wireless Public Limited Company (Consolidated Licence) Act 1985 and the several Deeds of Licence and has applied to the Government for the renewal and consolidation of the Licences into a single Licence and the Government has agreed to grant such a renewed and consolidated Licence upon the terms and conditions hereinafter set out:

NOW THIS DEED WITNESSETH that the Minister does by these presents grant unto the Licensee licence and permission (a) to continue to provide and operate in Bermuda and passing in transit through Bermuda such telecommunication services and facilities as the Company was heretofore providing and operating in Bermuda as set forth in the First Schedule to this Licence; (b) to provide and operate augmented or additional telecommunication services of all types with any point or points outside Bermuda or passing in transit through Bermuda, or with any ship, aircraft or space station which the Licensee may from time to time consider necessary or desirable; and (c) to undertake and make provision for the installation, repair and maintenance of all and any sort of telecommunications equipment owned, operated, rented or leased for hire by the Licensee:

TO HAVE AND TO HOLD the said licence for an indefinite term commencing on the [blank] day of [blank] 1985:

PROVIDED THAT the Minister may withdraw, and the Licensee may require the withdrawal of, the licence, authorisation, permissions, rights and privileges to conduct telecommunication services on and after the 1st April 1995 each by giving to the other party not less than three years prior written notice of its intention so to do and this Licence shall finally cease to apply to the Licensee in all other respects upon conclu sion as between the Government and the Licensee of all outstanding matters hereunder—

YIELDING AND PAYING therefor, in manner described in clause 2 below, after the coming into force of this Licence, a licence fee in re spect of each twelve months period commencing the 1st of April 1984 being the greater of either—

(a) six percent of the Licensee's total revenue in Bermuda for that period, or

(b) twenty percent of the Licensee's profit in Bermuda for that period, assessed on a historic cost depreciation ba sis and after allowing for administrative and technical support costs not exceeding five percent of total revenue in Bermuda:

AND IT IS HEREBY AGREED AND DECLARED between the par ties hereto in manner following that is to say—

Definitions

1 (1) Throughout this Licence the following expressions shall re spectively have the following meanings when not repugnant to the con text—

"the Convention" means the International Telecommunication Convention of Nairobi 1982, or such International Telecom munication Convention as from time to time or at any time shall have been acceded to by, or applied to Bermuda and all regulations annexed thereto or made thereunder;

"dollars" (or "$") means the lawful currency of Bermuda;

"Government" means the Government of Bermuda;

"international telecommunications traffic" means intelligence of any nature passed in either direction by telecommunication between Bermuda and points outside Bermuda but does not include intelligence which is only received in Bermuda for entertainment purposes;

"Licensee" means Cable and Wireless Public Limited Company whose registered office is situated at Mercury House, Theobalds Road, London, WCIX 8RX England and whose place of business established in Bermuda is situated at Church Street, Hamilton, Bermuda, its successors and per mitted assigns and delegates;

"message" means any telegram, phototelegram, data, facsimile, telephone, telex call or any communication sent or received or made by telecommunication or given to a telecommunication officer to be sent by telecommunications or delivered;

"Minister" means the Minister responsible for telecommunica tions;

"private international telecommunications facility" means a telecommunications facility not connected to the public telecommunication service, whether or not provided for gain, whereby an individual or person may pass intelligence be tween Bermuda and a point or points outside Bermuda;

"public international telecommunications facility" means a telecommunications facility connected to the public telecom munication service and provided for gain whereby any mem ber of the public or any person may pass intelligence between Bermuda and points outside Bermuda;

"public telecommunication service" means the provision for gain of telecommunication services and facilities for use by mem bers of the public or by any person for the transmission or reception of intelligence or information either within Bermuda or between Bermuda and any place outside Bermuda or the provision on loan, lease or hire to members of the public or to any person of telecommunication equipment;

"telecommunication" means any transmission, emission or re ception of signs, signals, writing, images and sounds or intel ligence of any nature by wire, radio, optical or any other electromagnetic systems and cognate expressions shall be interpreted accordingly;

"telecommunication officer" means any person employed by the Licensee in connection with telecommunications service of fered by the Licensee;

"telegram" means written matter intended to be transmitted by telegraphy for delivery to the addressee;

"telegraphy" means a form of telecommunication in which the transmitted information is intended to be recorded on arrival as a graphic document; the transmitted information may sometimes be presented in an alternative form or may be stored for subsequent use.

(2) Any expression not specifically defined in this Licence shall if defined in the Interpretation Act 1951 have such meaning, otherwise it shall have such meaning as may be assigned to it by the Convention and the Administrative Regulations complementary thereto.

Licence fee

2 (1) For the purpose only of calculating the licence fee men tioned above this Licence shall be deemed to have come into force on the 1st April, 1984.

(2) The said licence fee shall be payable by quarterly instal ments in arrear, within sixty days of the end of the relevant quarter, and based on the Licensee's operating accounts for Bermuda. Such payments shall be subject to adjustment as necessary within six months of the end of the relevant twelve months period based on the
audited accounts of the Licensee for that period. Having regard to the retrospective date of the coming into force of this Licence pursuant to paragraph (1), insofar as any quarterly instalments shall be outstanding upon the date of exe cution of this Licence by the Parties thereto, the said instalments shall be payable within a further thirty days of the date of execution.

(3) At any time after 1st April, 1990 either the Government or the Licensee shall have the right to initiate negotiations to vary the rate of the licence fee specified above for the balance of the initial eleven years period up to 31st March 1995 whereafter it may be further reviewed.

(4) For the purpose of calculating the licence fee, the expres sion "administrative and technical support cost", "depreciation", "profit" and "total revenue" shall have the meanings respectively assigned thereto in the Second Schedule to this Licence.

Exclusivity

3 Subject to section 3 of the Telecommunications Act 1973 or to any similar provision in any Act which may replace the Telecommunica tions Act 1973, whilst this Licence is in force—

(a) The Government nominates and appoints the Licensee to be the sole authorised international telecommunications carrier in Bermuda with respect to those services heretofore provided by the Licensee and set out in Part A to the First Schedule to this Licence.

(b) No licence or permission to provide any new interna tional telecommunications facility whether public or pri vate for the purposes of carrying international telecom munications traffic to, from, or through Bermuda shall be issued by the Government to any person other than the Licensee unless—

(i) the Licensee declines to provide such facility; or

(ii) the Government considers that the granting of such a licence or permission is of major strategic importance to Bermuda's interests—

Provided that the Government shall not grant such licence or permission without prior con sultation with the Licensee and where the Gov ernment grants to a third party such a licence or permission the Licensee shall not discriminate against, nor unreasonably refuse to enter into an agreement with that other person (at the normal rates for such interconnection to other parties) to interconnect the Licensee's and that other person's respective telecommunication systems.

(c) The Licensee undertakes to ensure the efficient working and development of the telecommunication services the subject of this Licence and in this connection will con sult with the Body established under clause 7, in accor dance with the provisions of that clause.

Government and other communications

4 Nothing in this Licence contained shall be construed so as—

(a) to affect any means of telecommunication established or maintained by the Crown for its own purposes;

(b) to prevent the Government from providing aeronautical, maritime or experimental telecommunication services and from licensing or providing broadcasting services;

(c) to affect any means of radiocommunications installed by the Government of the United States of America in a leased Area as defined in the United States (Agreement) Act 1952 or any modification or amendment thereto and used solely for military, naval or air force purposes.

(d) to affect any means of radiocommunications installed by the Government of Canada and used solely for military, naval or air force purposes.

Authority for the maintenance of telecommunications

5 (1) For the purpose of this Licence the Government hereby authorizes and permits the Licensee—

(a) (i) to continue to maintain and operate the wireless telegraphy station maintained and operated by virtue of the Licence granted by the Cable and Wireless (West Indies), Limited, Licence Act 1963, the Cable and Wireless Act 1964 and the Cable and Wireless Act 1964 Amendment Act 1965 (now repealed); and

(ii) to establish new radio stations (including but not limited to satellite earth stations) together with any other system of international telecom munication which may presently or in the future be in existence on such sites as have been or may be approved by the Minister for the pur poses of international telecommunications and using such frequencies as may from time to time be allocated by the Minister;

(b) (i) to continue to maintain and to place on and along the foreshore and sea bed of Bermuda and the territorial waters thereof such existing lines of submarine cable as are maintained and oper ated by virtue of the licences granted respec tively by the Cable and Wireless (West Indies) Limited Coaxial Cable Acts of 1960 and 1965, the Cable and Wireless Limited Coaxial Cable Act 1967, the Cable and Wireless Act 1964 and the Cable and Wireless Act 1964 Amendment Act 1965 (now repealed), or

(ii) to place on and along the foreshore and the sea bed of Bermuda and the territorial waters thereof and to maintain such new lines of sub marine cable as may from time to time be ap proved by the Minister;

(c) to own, install, possess, maintain and provide on loan, lease or hire such telecommunication installations and equipment as may be necessary for the carrying out of the services the subject of this Licence or as may from time to time be approved by the Minister;

(d) with the prior consent of the Minister, which consent shall not be unreasonably withheld, to provide any nec essary circuits by means of telecommunications between the telecommunication installations referred to in sub-paragraphs (a), (b) and (c) as may be required for the control, operation and coordination of the aforemen tioned services;

(e) to do all such acts and things as may be necessary to effect a connection or connections between the telecom munications facilities of the Licensee and the internal telecommunications systems of Bermuda for the purpose of providing telecommunication services.

(2) Nothing in these presents contained shall authorize the Li censee to establish its own physical means of telecommunications be tween its premises and any other point within Bermuda not in the occu pation of the Licensee without the consent in writing of the Minister. In the event that any authorized telecommunication operating entities within Bermuda are unable or unwilling when so required to provide to the Licensee interconnecting circuits of the required parameters, the Minister agrees not unreasonably to withhold his consent for the Li censee itself to establish and maintain such means of telecommunica tions.

Sharing of ownership

6 The Licensee shall during the currency of this Licence be per mitted to share the ownership of any telecommunications system with any other party or parties—

Provided that such sharing of ownership shall not be extended to any land or buildings in Bermuda; shall not relieve the Licensee of any responsibilities or obligations imposed upon it by this Licence; nor confer upon such other party or parties any right or benefit granted to the Li censee by this Licence.

Establishment of Review Body

7 (1) For the purposes of this Licence there shall be established a body to be called the Cable and Wireless Services Review Body (in this Licence referred to as "the Body") which, subject to the Telecommunica tions Act 1973 and this Licence, shall be responsible for—

(a) reviewing the telecommunication services provided to, from and through Bermuda by the Licensee pursuant to this Licence, having regard to technological advances, regulatory changes, market conditions both in Bermuda and at overseas locations in communication with Bermuda and other relevant factors;

(b) reviewing the rates of charge fixed by the Licensee for the telecommunication services provided pursuant to the Licence and the revenues derived therefrom and to make recommendations to the Licensee as a result of such re views.

(2) Where the Body makes any recommendation to the
Licensee as a result of any review undertaken the Licensee shall implement the recommendation unless within 30 days of the receipt of the recommen dation the Licensee makes representations to the Minister in respect thereof and the Minister determines otherwise. Where the Body is unable to agree on a recommendation the matter shall be referred to the Minis ter for determination.

(3) Any determination of the Minister under paragraph (2) shall be final.

(4) In reviewing the rates of charge fixed by the Licensee for telecommunication services provided pursuant to the Licence and the revenues derived therefrom and in making any recommendations to the Licensee with respect thereto, and in making any determination upon any representations made to the Minister by the Licensee as aforesaid the Body or the Minister, as the case may be, shall take into considera tion any modification in international accounting and the requirements that the services of the Licensee as a whole in Bermuda should be pro vided in an economically viable manner.

(5) The Body shall consist of no more than 6 members of whom—

(a) no more than 3 shall be appointed by the Minister acting in his discretion;

(b) no more than 3 shall be appointed by the Minister acting in accordance with the advice of the Licensee.

(6) Every member of the Body shall hold office for a period not exceeding three years, but may from time to time be re-appointed.

(7) The members shall preferably be persons having knowledge and experience in commercial and financial matters and possessing technical skills.

(8) The members shall elect their own chairman and may ap point a secretary.

(9) The annual budget of the Body shall be agreed between the Minister of Finance, the Minister and the Licensee and its expenditure within that budget shall be met equally by the Government and the Li censee.

(10) The Body shall meet once in each year and at such other times as the Government or the Licensee may require for the due per formance of its functions. Fifteen days notice of meetings shall be given by either party, but in exceptional circumstances and with the consent of a majority of the members and the chairman a meeting may be convened at shorter notice.

(11) Subject to this clause, the Body may regulate its own pro ceedings and make provision for any other matters which the Body may consider necessary in order to carry out its functions.

Certain rights reserved by Government

8 Notwithstanding anything contained in this Licence, the Gov ernment reserves the right to ensure that charges to local users for telecommunication services are never unjustifiably higher than those charges to users outside Bermuda, particularly in the United States of America, for comparable services inward to Bermuda.

Licensee to maintain adequate services

9 The Licensee agrees to provide and maintain telecommunications facilities of a capacity adequate to assure a quality of service not less than that which exists at the date of the coming into force of this Licence and commensurate with changes in technology to improve the same so that such services are comparable to those generally available outside Bermuda.

Major capital projects

10 The Licensee shall consult, and obtain the written approval of the Minister before making any commitment to a major capital project (being a project valued at 1984 terms in excess of $2 million) in further ance of the business conducted by the Licensee pursuant to this Licence.

Adherence to International Conventions

11 The Licensee shall at all times perform and observe the require ments and provisions of—

(a) The Convention;

(b) The Convention for the Protection of Submarine Cables signed in Paris on the 14th day of March, 1884, and any provisions which may from time to time be in force in substitution therefor or amendment thereof;

(c) Any other international agreement affecting telecommu nications and the operations of the Licensee to which the Government may from time to time be a party.

Other telecommunications legislation

12 The Licensee shall remain subject to all telecommunications legislation enacted in Bermuda unless granted specific exemption there-
from. The Licensee may seek and the Government will not unreasonably withhold exemption in respect of any legislation that would materially affect the terms of this Licence, unless the Minister and the Licensee agree on an alternative course of action.

No discriminatory taxation

13 During the currency of this Licence the Licensee shall not be subjected to any discriminatory taxation.

Customs duty

14 Notwithstanding anything contained in the Customs Tariff Act 1970 the Licensee shall have the right to import into Bermuda exempt from customs duty all telecommunications equipment, apparatus and machinery required for its own use in the renewal, provision, operation, repair or extension of its telecommunications installations—

Provided that no exemption shall be granted in the case of any item to be installed on premises not owned by the Licensee (unless a waiver is granted by the Minister of Finance in consultation with the Minister responsible for telecommunications)—

Provided further that no article imported and exempted shall be sold or otherwise disposed of in Bermuda unless all such duty shall first have been paid thereon.

Direct relations with the public

15 During the currency of this Licence the Licensee shall be per mitted to have such direct relations with the public as are necessary for the provision of all types of telecommunication services and facilities the subject of this Licence including the collection of moneys due to the Li censee, the collection and delivery of telegrams, the distribution of mes sage forms and advertising matter and other activities relating to the promotion and development of telecommunication traffic over its system of telecommunication.

Licensee's personnel

16 In carrying out its business in Bermuda under this Licence the Licensee shall employ where possible persons possessing Bermudian status and if no such persons are suitably qualified and available to em ploy, it may, subject to the provisions of the Bermuda Immigration and Protection Act 1956, employ suitably qualified non-Bermudians and the Government undertakes to procure where necessary the timely issue to the Licensee of the necessary permits and other documents of a like na ture pertaining to the employment of such non-Bermudian persons.

Licensee to provide certain information

17 (1) The Licensee shall from time to time furnish to the Minister at his request all such information as to rates or charges for its services, the extent and condition of its business and its income and expenditure, and its financial position as the Government may from time to time rea sonable require having regard to the ordinary staff and administrative capacity of the Licensee—

Provided that all information so furnished shall (except for the purposes of this Licence and such determination of differences as are herein before and hereinafter mentioned) be treated as strictly private and shall be in no way published or publicly or privately made use of (except as aforesaid) without the written consent of the Licensee—

Provided further that nothing contained in this Licence shall af fect the powers of any statutory body, set up to advise the Minister in the discharge of his functions under the Telecommunications Act 1973 or which may be set up under any succeeding Act, to obtain information from the Licensee or its servants.

(2) The Licensee shall provide the Minister with copies of all existing and future agreements of substance concerning Bermuda, be tween the Licensee and correspondent carriers both international and Bermudian, which are in the opinion of the Minister agreements of sub stance.

Statistics of traffic supplied to Government

18 The Licensee shall from time to time furnish to the Minister at his request all such statistics of the traffic passing over the Licensee's system of telecommunication and originating in or destined for Bermuda or passing in transit through Bermuda as the Minister may from time to time reasonably require—

Provided always that regard shall be had to the ordinary staff and administrative capacity of the Licensee as regards the volume of statistics to be supplied and that all statistics so furnished shall be treated as private and in no way published or publicly or privately made use of except with the written consent of the Licensee—

Notification of interruption of the telecommunication services

19 (1) If at any time the public telecommunication service or any part thereof to or from Bermuda operated by the Licensee under this Li cence shall become interrupted the Licensee shall give notice of such in terruption to the Minister.

(2) For the purposes of paragraph (1) "interruption" means a known major facility failure with potential or significant interruption, for a period in excess of four hours, to telecommunication services between Bermuda and points outside Bermuda for which messages are accepted by the Licensee.

Prior consent for cable landings

20 (1) The Licensee shall land all cables and shall maintain and secure all buildings or other works ancillary thereto to the satisfaction of, and at locations approved by, the Minister.

(2) It shall be lawful for the Minister and any body or person duly authorised at any time to require the Licensee to remove from the foreshore and bed of the sea all buildings, works and materials which may have been placed there by the Licensee without the consent or ap proval hereby required thereto or which by reason of having been aban doned or suffered to fall into decay may be in such a condition as in the opinion of the Minister to prejudice or obstruct, or cause reasonable ap prehension that they may prejudice or obstruct, navigation or be or be come injurious to the public interest and to restore the foreshore and bed of the sea to the former or proper condition thereof and in default of such action by the Licensee the Minister may take such action himself and the Licensee will pay to the Minister or such authorised body or per son as aforesaid all expenses incurred in or about the premises.

(3) It shall also be lawful for the Minister and any body or per son duly authorised as aforesaid notwithstanding anything in this Li cence contained to erect or construct on the foreshore and bed of the sea any works which in the opinion of the Minister may be required for the purpose of navigation or in the public interest.

Licensee to observe regulations as to building, etc.

21 In constructing and maintaining all buildings (and other erec tions), pipes, tubes and other apparatus for the operation of any telecommunications systems (hereinafter called "the said works") the Li censee shall comply with any building or other regulations which may from time to time be in force in Bermuda and shall also comply with such stipulations and conditions as regards location and concealment of the said works as the Minister may from time to time make with a view to safeguarding and protecting the said works from accidental or malicious injury and from destruction by Her Majesty's enemies.

Licensee's building, etc. on foreshore and sea-bed not to obstruct navigation

22 The Licensee shall not without the consent in writing of the Minister and the Ministers responsible respectively for Marine and Ports, Public Works, Planning and Fisheries first obtained place any buildings, works or materials or do any other act on the foreshore and bed of the sea which may in the opinion of the said Ministers prejudice or obstruct or tend to prejudice or obstruct navigation or be or become injurious to the public interest.

Duty of Licensee to keep works in repair

23 In the event of any post, wires, fittings, or other apparatus erected or set up or laid down or owned by the Licensee falling into decay or want of repair, or being thrown down or falling either by reason of de cay or wear and tear or want of proper repair or otherwise so as to cause any impediment or obstruction to the use of any public road or street by foot passengers or others,, the Licensee hereby covenants immediately to remove such obstruction, and to repair, renew, restore or replace such posts, wires, fittings and other apparatus.

Damage to Government lines

24 In case any telecommunication line of the Government shall be damaged or the efficient working or user thereof shall be wholly or par tially interrupted or otherwise interfered with and the Minister shall cer tify in writing under his hand that such damage, interruption or interfer ence has been caused directly or indirectly by any apparatus used or in tended to be used by the Licensee or by anything done by or on behalf of the Licensee in relation thereto the Licensee shall on demand pay to the Minister all costs that shall be reasonably incurred in repairing such damage and in removing or altering such telecommunication line so as to restore the same to efficient working order and in adding thereto or sub stituting therefor either temporarily or permanently any other telecom munication line if the Minister shall certify that such addition or substi tution is reasonably required.

Interference to telecommunication service

25 (1) The Licensee shall operate all apparatus required for com pliance with the provisions of this Licence in such manner as not to cause direct or indirect interference with any other authorised telecom-
munications systems or apparatus within its range and, with a view to the avoidance of such interference, the Licensee shall comply with all in structions given by the Minister as to the operation of all such appara tus—

Provided that the Licensee shall not by virtue of this clause be unreasonably required to make any change in any apparatus or in any arrangements which have already been adopted by it bona fide for the purpose of telecommunications, and which are in conformity with the most efficient method, compatible with the Radio Regulations of the Con vention, at the disposal of the Licensee for preventing interference.

(2) The Minister shall exercise his best efforts to ensure that no person, within Bermuda or the territorial waters of Bermuda or within Bermudian airspace shall be permitted to construct, install or use any works or to operate apparatus of any kind whatsoever which may cause interference with any apparatus of the Licensee.

Right of entry for inspection

26 The Minister or any person duly authorized by him may at all reasonable times enter upon all or any of the stations, offices and in stallations in Bermuda in the possession or occupation of the Licensee, either solely or jointly with any other person or persons, for the purpose of inspecting any licensed radio apparatus and the working and user of such apparatus provided that any information thereby gained with re gard to the Licensee's apparatus and system shall be regarded as confi dential.

Priority of Government messages

27 If and whenever the Minister shall require the Licensee, its ser vants or agents to give priority to the transmission by means of its sys tem of telecommunication of messages of the Government such messages shall have priority over all other messages insofar as this may be con sistent with the provisions of the Convention and the Licensee shall not be entitled to claim any compensation in respect of the suspension of the transmission of other messages by reason of such priority.

Distress signals

28 The Licensee shall so far as possible receive from ships, aircraft and light stations all requests for assistance and all signals of distress and retransmit them with the least possible delay to the proper authori ties by means of its radio apparatus or any other means in its power.

Divulgence of messages

29 The Licensee shall not divulge to any person (other than properly authorized officials of the Government of the United Kingdom or the Gov ernment to Bermuda or a competent legal tribunal) or make any use whatever of any telecommunications traffic that comes to the knowledge of or is intercepted by the Licensee and not carried over the Licensee's system.

Emergency provisions

30 (1) If and whenever Her Majesty is at war, or a state of emer gency exists under section 14 of the Bermuda Constitution Order 1968 and the Government shall deem it expedient that it should have control over the reception or transmission of messages by the apparatus of the Licensee the Minister may direct and cause so much of the Licensee's apparatus as is within Bermuda or the territorial waters thereof or any part of such apparatus to be taken possession of in the name of the Gov ernment and for its use and subject thereto for such ordinary service as he may deem fit and in that event any person authorised by him may enter upon the premises of the Licensee or any of them and take posses sion thereof and use the same as aforesaid—

Provided that any information thereby gained with regard to the Licensee's apparatus and systems shall (subject to the Patent and De signs Act 1930) be regarded as confidential.

(2) The Minister may whenever Her Majesty is at war or a state of emergency exists as aforesaid instead of taking possession of the said apparatus or any part thereof direct and authorise such persons as he may think fit to assume control of the Licensee's telecommunication ser vices within Bermuda either wholly or partly and in such manner as he may direct and such persons may enter upon the Licensee's premises accordingly or the Minister may direct the Licensee to submit to him or to any person authorised by him all messages tendered within Bermuda for transmission or arriving in Bermuda by the Licensee's system of telecommunication or any class or classes of such messages and to stop or delay the transmission and delivery of any such message or deliver the same to the Government or its agent and generally to obey all such di rections with reference to the said telecommunication services as the Minister may prescribe and the Licensee shall obey and conform to all such directions.

(3) In any such case as aforesaid if the Licensee shows that as the result of the exercise of any of the powers aforesaid its receipts (during the period of such exercise of powers) from the Licensee's telecommunication services with respect to which the said powers have
been exercised or from any other system of telecommunication owned or operated by it have been less than its receipts from the same source during the corresponding period on the average of the three years last preceding the exercise of such powers there shall be paid to the Licensee as compensation for any loss of profit sustained by the Licensee by rea son of the exercise by the Minister of any of the powers hereby reserved such sum as may be settled by agreement between the Minister and the Licensee or as in case of difference may be determined by arbitration and the minimum term of the Licensee's exercise of its permissions under this Licence shall be extended for a period equivalent to the period of the Government's exercise of its powers—

Provided always that the payment of such compensation as aforesaid shall be at the discretion of the Government insofar as the powers hereby reserved to it are exercised for the purpose of preventing direct or indirect or suspected communication with any enemy of Her Majesty or of protecting the interests of Her Majesty under the apprehen sion of impending war.

(4) In estimating such compensation as in the last paragraph provided the arbitrator shall take into account all the circumstances of the case including not only such loss as aforesaid but also any additional profit accruing to the Licensee by reason of the emergency which gave rise to the exercise of the powers aforesaid whether from the use of the Licensee's telecommunication apparatus, so taken possession of, or controlled or from the user by it of any other system of telecommunica tions for the transmission of traffic which would normally have been handled by the Licensee's apparatus so taken possession of or con trolled. And as regards the apparatus with respect to which the said powers have been exercised the receipts of the Licensee on the average of the three years last preceding the exercise of the said powers during a period corresponding to that of the exercise of the said powers shall be deemed to be receipts which the Licensee would have taken during the period of the exercise of the said powers had the powers not been exer cised.

Assignment of Licence

31 (1) The Licensee shall not without the prior consent in writing of the Minister assign or otherwise dispose of the powers granted under this Licence or any right or benefit arising therefrom or delegate any of the powers hereby conferred.

(2) Any such consent shall be subject to such conditions as the Minister may impose.

(3) Should any such assignment, disposition or delegation as aforesaid be made with such consent as aforesaid the Licensee will cause a true copy of the instrument effecting the same to be transmitted to the Minister within two calendar months of the date thereof.

Arbitration

32 Any matter which in pursuance of the provisions herein con tained is to be determined by arbitration and any other dispute or differ ence which should arise as to the rights or obligations of the Licensee hereunder shall be referred to arbitration in accordance with the provi sions of the Arbitration Act, 1924 or any then subsisting statutory re-en actment or modification thereof.

Address for the notification of requests, etc.

33 Any notice, request or consent (whether expressed to be in writ ing or not) to be given by the Government or the Minister under this Li cence may be under the hand of any duly authorised officer of the Gov ernment and may be served by sending the same in a registered letter addressed to the office of the Licensee in Bermuda or to its registered of fice and any notice to be given by the Licensee under this Licence may be served by sending the same in a registered letter to the Minister.

Force majeure

34 The Licensee shall be relieved of its obligations under this Li cence if and so far and so long as it is prevented from carrying out the same by act of God, war, warlike operations, civil commotion, major strikes or any significant or protracted industrial action whatsoever, fire, tempest or any other causes beyond its control.

Licensee to indemnify Government

35 The Licensee shall at all times indemnify the Government against all actions, claims and demands which may be brought or made by any person in respect of any injury or the death of any person or damage to any property arising from any act of the Licensee licensed or permitted by these presents—

Provided that the provisions of this clause shall not apply in re spect of any injury arising from the death of any person and damage to any property at a time when the Licensee is deprived of the control of its undertaking under the provisions of clause 30.

Cancellation

36 If—

(a) whilst this Licence remains in force the Licensee shall
be dissolved or go into liquidation otherwise than for the purpose of reconstruction (and such reconstruction does not in the opinion of the Minister destroy the identity of the Licensee) or shall cease to carry on a business as a telecommunication carrier; or

(b) any act shall be done or suffered either wholly or par tially whereby the licence or permission hereby granted or any benefit arising therefrom or any powers hereby conferred shall without the assent of the Minister first obtained become vested in or delegated to any body or person other than the Licensee; or

(c) default shall be made in the observance or performance of any covenant or provision herein contained and on the part of the Licensee to be observed and performed;

then and in any such case, it shall be lawful for the Minister by three months prior notice in writing served on the Licensee to cancel and de termine the licence or permission granted by this Licence or so much thereof as the Minister shall in his discretion think fit and such licence or permission shall thereupon cease and determine in whole or in part accordingly but without prejudice to any remedy of the Minister under any provision herein contained and on the part of the Licensee to be ob served and performed—

Provided that in respect of paragraph (c) if the Licensee shall within the said period of notice rectify such default to the satisfaction of the Minister then the said notice shall be deemed to have been with drawn and to have no effect.

Government may purchase Licensee's assets on termination

37 (1) On the termination of the Licence the Government shall have the first option to purchase at its fair market value the Licensee's land in Bermuda together with the telecommunications business in Bermuda carried on pursuant to the Licence.

(2) In the event that the Government does not wish to exercise its option to purchase the said land and business it will use its good of fices—

(i) to facilitate the sale at its fair market value of the land and business, and

(ii) to assist in the transfer of the Licensee's Bermudian staff employed in Bermuda to any purchaser of the land and business upon terms and conditions in general not less favourable than those offered by the Licensee immediately prior to such termination.

(3) The Licensee hereby undertakes to divest itself of its land in Bermuda and to transfer its telecommunications business in Bermuda carried on pursuant to the Licence on the termination of the Licence.

(4) For the purposes of this clause "telecommunications busi ness" shall include the benefit of any agreements and contracts with other carriers in respect of telecommunications traffic between Bermuda and other places, of the joint ownership of submarine cables landed in Bermuda and of other telecommunication facilities reasonably connected with the Licensee's telecommunications business in Bermuda.

Ships employed by Licensee may do certain things before entry un der Revenue Acts 1898

38 The privileges granted by section 13 of The Revenue Act 1898 shall apply to ships or a person or persons employed in the service of the Licensee and engaged in laying, landing, repairing, maintaining, replac ing or renewing submarine cables maintained and operated by the Li censee by virtue of this Licence.

Rights and obligations under previous Licences

39 It is agreed between the Parties hereto that upon the coming into force of this Licence all rights, duties and obligations under the following licences shall be extinguished—

(i) Licence granted under the Cable and Wireless (West Indies) Limited, Coaxial Cable Act 1960;

(ii) Licence granted under the Cable and Wireless (West Indies) Limited, Licence Act 1963;

(iii) Licence granted under the Cable and Wireless Limited (West Indies) Coaxial Cable Act 1965;

(iv) Licence granted under the Cable and Wireless Limited Coaxial Cable Act 1967.

Construction of Licence

40 This Licence shall be construed and interpreted according to the laws of Bermuda.

Commencement

41 This Licence shall come into force upon the execution thereof.

IN WITNESS whereof the Minister has hereunto set his hand and Seal and the Company has caused its Common Seal to be hereunto fixed the day and year first above written.

SIGNED, SEALED AND DELIVERED by

MINISTER RESPONSIBLE FOR TELECOMMUNICATIONS
in the presence of

THE COMMON SEAL OF CABLE AND WIRELESS PUB LIC LIMITED COMPANY
was hereto affixed in the presence of

Director

Secretary

FIRST SCHEDULE (Clause 3(a) )

PART A

Telecommunication services provided exclusively by the Licensee as at 1st April 1984.

1 International telephone and associated voice services.

2 International telegram services.

3 International telex services. (Telex is a telegraph service to sub scribers whereby they can communicate directly and temporarily be tween themselves using start-stop telegraph equipment operating at 50 bauds.)

4 International private leased circuits. (Circuits provided for the dedicated use of one person between points in Bermuda and points over seas and not connected to the public services.)

5 International circuit-switch data services. (A service requiring automatic circuit switching techniques to establish a dedicated path for the transfer of data. Countries to which international circuit switched data services were offered as at 1st April, 1984; Barbados, Belgium, Brazil, Canada, Hong Kong, Netherlands, Singapore, United Kingdom & USA.)

6 Public correspondence services between ship and shore exclud ing services provided by the International Maritime Satellite Organiza tion.

PART B

Telecommunication services provided non-exclusively by the Licensee as at 1st April 1984.

1 International television and sound reception.

2 Aeronautical and ramp control services.

3 International facsimile services,

4 Multipoint Distribution (MDS) & Multiple Multipoint Distribution Systems (MMDS).

5 International text services other than those referred to in Part A.

6 International packet-switched data services. (A service which provides access to all public packet-switching data networks for inter connection to databases and/or other users subscribing to those net works. Countries to which international packet-switched data services were offered as at 1st April, 1984: Canada, U.S.A. & United Kingdom.)

7 National Telex Service [telex as defined in (A)]

8 International transmission of television and sound services by radio from points in Bermuda to points overseas.

SECOND SCHEDULE (Clause 2(4))

1 Total Revenue is that revenue accruing to the Licensee for the provision of services authorised by this Licence after taking into account outpayments to and inpayments from connecting administrations and the Bermuda Telephone Company and other parties who participate in the provision of such services and after taking into account uncollectible revenue.

2 Profit comprises the total revenue received from the provision of telecommunication services authorised by this Licence less all expenses incurred in the provision of these services as shown in the accounts pre pared on a historic cost basis in accordance with generally accepted ac counting principles in Bermuda and as certified by an independent firm of chartered accountants. The Licensee will levy no interest charge on the capital employed in the business. The only interest charges to be
allow able as an expense against total revenue are those incurred by bank overdrafts in Bermuda.

3 Depreciation will be provided on the historic cost of fixed assets of the Licensee in Bermuda in equal annual instalments over the esti mated useful lives of these assets.

The following asset lives will apply over the period of the licence unless a variation is agreed between Government and the Licensee—

Telephone cables and Repeaters
(including submarine cables)
20 years

Landlines
20 years

Freehold Buildings
40 years

Radio Equipment
10 years

Earth Station Antennae
15 years

Processor-Controlled Exchanges
10 years

Computers and DP Equipment
5 years

Vehicles
3 years

Other Plant
10 - 20 years

Freehold Land
Not Depreciated

4 Administrative and Technical Support Costs are the costs of pro viding technical, financial and administrative support from the Licensee's Head Office and other locations. Such costs shall not exceed 5% of total revenue.

THIRD SCHEDULE (Section 5)

Description of land held and owned by the Company

1 Church Street, City of Hamilton

ALL THAT certain lot of land situate in the City of Hamilton containing Twenty-six perches and Eighteen square yards (0.166 acre) comprising the Northern and major portion of Lot Seventy-four of the Third Longitu dinal Street or Church Street of the said City and bounded on the NORTH by the said Street and there measuring Fifty feet on the EAST by Lot Seventy-two of the said Street and there measuring One hundred and forty-six feet on the SOUTH by the Southern portion of the said Lot Sev enty-four and there measuring Fifty feet and on the WEST by Lot Sev enty-six of the said Street and there measuring One hundred and forty-four feet and nine inches OR HOWEVER OTHERWISE the said lot of land may be bounded or may measure or ought to be described TOGETHER WITH the office building thereon erected and the appurtenances thereto belonging.

2 Devonshire Parish and Smith's Parish Station

Firstly, ALL THAT certain parcel of land situate in Devonshire Parish containing Six acres One rood and Fifteen and three-quarters perches (6.384 acres) or thereabouts and bounded NORTHERLY by the parcel of land thirdly hereinafter described and there measuring Three hundred and seventy- five feet EASTERLY partly by the parcel of land secondly hereinafter described and partly by the parcel of land fifthly hereinafter described and there measuring Six hundred and forty-three feet SOUTHEASTERLY by the Middle Longitudinal Public Road (a portion of which comprises a 'lay by' formerly held herewith) and there measuring along five straight lines One hundred and sixty-eight feet Twenty-six feet Sixty-three feet and six inches Thirty-one feet and three inches and Thirty-two feet and three inches SOUTHERLY by the Public Road known as Vesey Street and there measuring One hundred and seventy-three feet and WESTERLY partly by land of various owners and partly by a road and measuring along the Western boundary along a straight line as shown on the said plan Six hundred and eighty-one feet OR HOWEVER OTHERWISE the said parcel of land may be bounded or may measure or ought to be described TOGETHER WITH the dwellinghouse and station buildings thereon erected and all other appurtenances thereto belonging.

Secondly, ALL THAT certain lot of land situate in Smith's Parish con-
taining One acre One rood and Nine perches (1.306 acres) bounded on the NORTH by the parcel of land fourthly hereinafter described and there measuring Two hundred and ninety-two feet and four inches on the EAST by land of the Bermuda Government and there measuring One hundred and seventy-one feet on the SOUTH by the parcel of land fifthly hereinafter described and there measuring Three hundred and eight feet and ten inches and on the WEST partly by the parcel of land firstly hereinbefore described and partly by the parcel of land thirdly here inafter described and measuring along the Western boundary Two hun dred and twenty feet OR HOWEVER OTHERWISE the said lot of land may be bounded or may measure or ought to be described TOGETHER WITH the buildings housing the wireless receiving station and the building housing the coaxial cable terminal thereon erected and all other appurtenances thereto belonging.

Thirdly, ALL THAT certain parcel of land situate in Devonshire Parish containing One acre and Nineteen perches (1.119 acres) and bounded on the NORTH by land of Malcolm Ralph Terceira and there measuring along three straight lines as shown on the said plan One hundred and ten feet One hundred and five feet and One hundred and fifty feet re spectively on the EAST partly by the said land of Malcolm Ralph Terceira partly by the parcel of land fourthly hereinafter described and partly by the lot of land secondly hereinbefore described and measuring along the Eastern boundary One hundred and thirty-nine feet and four inches on the SOUTH by the parcel of land firstly hereinbefore described and there measuring Three hundred and seventy-five feet and on the WEST partly by land of Albert McCudden partly by a roadway and partly by the said land of Malcolm Ralph Terceira and measuring along the Western boundary along two straight lines as shown on the said plan One hun dred and twenty feet and Forty-five feet respectively OR HOWEVER OTHERWISE the said lot of land may be bounded or may measure or ought to be described TOGETHER WITH rights-of-way similar to those enjoyed by the land fifthly hereinafter described. Fourthly, ALL THAT certain parcel of land situate in Smith's Parish containing One acre and thirty-eight and one-half perches (1.241 acres) and bounded on the NORTH by land formerly of the Bermuda Railway Company Limited and now in the possession of the Bermuda Government and there measuring Two hundred and eighty-six feet and nine inches on the EAST by land of the Bermuda Government and there measuring One hundred and sev enty-five feet and six inches on the SOUTH by the land secondly herein before described and there measuring Two hundred and ninety-two feet and four inches and on the WEST partly by the parcel of land thirdly hereinbefore described and land of Malcolm Ralph Terceira and mea suring along the Western boundary Two hundred and nine feet OR HOWEVER OTHERWISE the said parcel of land may be bounded or may measure or ought to be described TOGETHER WITH the appurtenances thereto belonging including full free and unrestricted right and liberty of way and passage for the owners for the time being of the parcels of land hereinbefore described or either of them or any part thereof and their re spective tenants and servants and all other persons lawfully going to or from the said two parcels of land or any part thereof to go return pass and repass with or without animals and vehicles of all descriptions OVER AND ALONG a roadway of Eight feet or thereabouts in width leading in a Northerly direction from the parcel of land thirdly hereinbe fore described between lands now or late of John Greenslade and Leonard Ernest Gibbons across land of the Bermuda Government and thence across other land formerly of Cecil Robert Lavelock Gibbons to the North Longitudinal Public Road AND ALSO TOGETHER WITH a like right-of-way and passage OVER AND ALONG the roadway Ten feet in width leading in a Northerly direction from the Eastern end of the North ern boundary of the parcel of land fourthly hereinbefore described first across land of the Bermuda Government aforesaid and thence across and along the Eastern boundary line of other land formerly of the said Cecil Robert Lavelock Gibbons to the North Longitudinal Public Road AND ALSO ESPECIALLY TOGETHER WITH full and free right for the said owners at all times hereafter to lay a cable or a pipe line at a depth of not less than Two feet in and under that portion of the roadway hereinbefore particularly described which traverses the land formerly of the said Cecil Robert Lavelock Gibbons lying North of the said land of the Bermuda Government aforesaid and as near the Eastern boundary line of the same land formerly of the said Cecil Robert Lavelock Gibbons as the walls fences and mark stones defining the same shall permit and without damage thereto AND for such purpose full liberty of ingress egress and regress at all times for the owners and their servants agents and work men in and upon the said roadway (but not so as to materially obstruct necessary traffic over the same) with or without horses and other ani mals carts wagons and other vehicles machinery and tools for the pur poses of digging a trench in which to lay such cable or pipe line and any cable or pipe line substituted therefor and of unearthing uncovering re moving repairing altering laying relaying covering and doing all other necessary things to such cable or pipe line to be laid in and under the said roadway as aforesaid AND with full liberty also for the owners at all times hereafter to excavate sink make and use a
trench in and under the said roadway for the purpose of laying the said cable or pipeline PRO VIDED NEVERTHELESS that the exercise of the liberties and privileges hereinbefore mentioned shall be conducted by the owners in such man ner as to do as little damage or injury to the said roadway and the grade and surface of the same and so as not to prevent the proper use of the said roadway for vehicular and other traffic over the same for more than two days at any one occasion of such digging excavating and making such trench and of such unearthing uncovering removing repairing al tering laying relaying covering and doing other things to any such the said cable or pipe line without the written consent of the owners for the time being of the land formerly of the said Cecil Robert Lavelock Gibbons PROVIDED ALWAYS that the owners in the exercise of any such liberty or privilege hereby conferred shall immediately restore the surface and grade of such roadway and every defect therein due to such trench hav ing been imperfectly or improperly filled with excavated material or earth.

Fifthly, ALL THAT certain parcel of land situate in Smith's Parish con taining Two acres Two roods and Twenty eight and three-quarters perches (2.679 acres) and bounded NORTH-WESTERLY by the parcel of land secondly hereinbefore described and there measuring Three hun dred and seven feet and six inches EASTERLY by land in the possession of the Bermuda Government and there measuring Four hundred and twenty-one feet and six inches SOUTH-EASTERLY in part by the said land in the possession of the Bermuda Government and in part by the strip of land sixthly hereinafter described and measuring along the South-Eastern boundary Two hundred and eighty-one feet and WEST ERLY by the parcel of land firstly hereinbefore described and there mea suring Three hundred and eighty-seven feet and nine inches OR HOW EVER OTHERWISE the parcel of land may be bounded or may measure or ought to be described TOGETHER WITH the two blocks of flats and the Southern portion of the building housing the coaxial cable terminal erected thereon and all other appurtenances thereto belonging.

Sixthly, ALL THAT certain strip of land situate in Smith's Parish mea suring One hundred feet in length from North to South and Ten feet or thereabouts in width from East to West containing Three and three-quarters perches (0.023 acre) and bounded NORTH-WESTERLY by the parcel of land fifthly hereinbefore described EASTERLY by land in the possession of the Bermuda Government SOUTH-EASTERLY by the Pub lic Road leading from Hamilton to Flatts and WESTERLY by the parcel of land firstly hereinbefore described OR HOWEVER OTHERWISE the said strip of land may be bounded or may measure or ought to described.

3 Saucos Hill, Smith's Parish

ALL THAT certain lot of land situate in Smith's Parish containing Two roods and seven and three-quarters perches (0.548 acres) and desig nated "2 C" (Two C) and bounded NORTHERLY by the lot of land desig nated "2 B" (Two B) heretofore held with the lot of land now being de scribed now or formerly in the possession of Betty Somers Edquist and there measuring One hundred and ninety-eight feet and nine inches EASTERLY by the lot of land designated "l C" (One C) now or formerly in the possession of Kenneth Nesbit Doe and there measuring One hundred and fourteen feet and six inches SOUTH-EASTERLY SOUTHERLY and WESTERLY by a roadway Sixteen feet wide and there measuring South-Easterly on two straight lines Fifty-four feet and six inches and Twenty-eight feet respectively Southerly One hundred feet on a curved line on the arc of a circle of a radius of Fifty-nine feet and six inches and West erly on a straight line One hundred and seven feet and six inches OR HOWEVER OTHERWISE the said lot of land may be bounded may mea sure or ought to be described TOGETHER WITH the dwelling-house thereon erected and all other appurtenances thereto belonging including full free and unrestricted right and liberty of way and passage for the owners and occupiers for the time being of the lot of land hereinbefore described or any part thereof and their tenants and servants and all other persons lawfully going to or from the said lot of land or any part thereof with or without horses cattle and other animals carts carriages and vehicles of all descriptions OVER AND ALONG the said roadway bounding the said lot of land as aforesaid and leading from the Public Road known as the "South Shore Road" in a Southerly direction thence in a South-Easterly direction thence in a North-Easterly direction thence in a South-Easterly direction to a turnaround of a radius of Twenty-five feet AND ALSO OVER AND ALONG the said turnaround and thence where it narrows to Ten feet and widens as shown on the said plan to the waters of the Atlantic Ocean for the purpose of attaining access to the said waters beaching small craft landing from or embarking on vessels boats and floating contrivances of every description bathing fishing and other lawful recreations and uses.

4 Cable Bay, Tucker's Town, St. George's Parish

ALL THAT certain parcel of land situate in Tucker's Town in St. George's Parish containing Twenty perches and four fifths of a perch (1.13 acre) and bounded on all sides by land now or formerly of The Bermuda De velopment Company, Limited, except the North-Western part thereof which is of the width of Twenty feet or thereabouts and is there bounded
by the waters of Cable Bay in Castle Harbour which parcel of land is more particularly described as follows—

Beginning at a point, which point is 542.12 feet East of and 471.34 feet North of stone monument No. 9 of the Bermuda Development Company's Control Survey; thence in a straight line whose bearing is N. 25-45'-00" W. for a distance of 101-61 feet; thence N.64-15'-00"E. for a distance of 6.00 feet; thence N.25-45'-00"W. for a distance of 24.93 feet to the shore line of Cable Bay, thence along the shore of Cable Bay in an Easterly di rection for approximately 20.00 feet; thence S.25-45'-00"E. for a distance of 24.40 feet; thence N.64-15'-00"E. for a distance of 24.00 feet; thence S.25-45'-00"E. for a distance of 101.60 feet; thence S.64-15'-00"W. for a distance of 50.00 feet to the point of beginning OR HOWEVER OTHER WISE the said parcel of land may be bounded or may measure or ought to be described TOGETHER WITH all buildings erected thereon and all other appurtenances thereto belonging including free and unrestricted right of footway for all persons thereunto authorised by the owners to and from the said parcel of land OVER AND ALONG a road or roadway of the width of ten feet or thereabouts which begins near the South-West ern corner of the said parcel of land and leads thence in a South-West erly direction to another road and thence along the last mentioned road in a Westerly direction to the public road leading from the public wharf at Tucker's Town to the City of Hamilton.

5 Belvedere, St. George's Parish

ALL THAT certain lot of land situate in the Town of St. George containing Twenty-nine perches and bounded NORTH-WESTERLY by land formerly of the Crown Lands Corporation and there measuring Sixty-two feet and six inches NORTH-EASTERLY and EASTERLY by the Ocean SOUTH-EASTERLY by land now or lately of the heirs or devisees of William Sylvester deceased or their assigns and there measuring Forty feet and WESTERLY by the Public Road known as the "Barry Road" AND ALSO ALL THAT certain parcel of land situate in the Town of St. George afore said containing Three acres one rood and twenty-four perches (3.400 acres) and bounded NORTH-WESTERLY by the said land formerly of the Crown Lands Corporation and there measuring along two straight lines One hundred and forty feet and six inches and Nine hundred feet re spectively NORTH-EASTERLY by the said land formerly of the Crown Lands Corporation and there measuring Nine feet EASTERLY by the said Public Road known as the "Barry Road" and there measuring along the curvature of the said road One hundred and eighty-nine feet SOUTH-EASTERLY by land now or lately of the heirs or devisees of the said William Sylvester deceased or their assigns and there measuring Nine hundred and twenty-four feet and SOUTH-WESTERLY by the Public Road known as the "Cut Road" and there measuring along the curvature of the said road One hundred and fifty-six feet AND ALSO ALL THAT certain lot of land situate in the Town of St. George aforesaid containing One rood and five decimal six perches and bounded NORTH-WESTERLY by land now or lately of the heirs or devisees of Philip Lightbourn de ceased or their assigns and there measuring Eighty-two feet NORTH-EASTERLY by the said Public Road known as the "Cut Road" and there measuring along the curvature of the said road One hundred and fifty feet SOUTH-EASTERLY by land now or lately of the heirs or devisees of the said William Sylvester deceased or their assigns and there measuring Ninety-five feet and SOUTH-WESTERLY by the waters of St. George's Harbour OR HOWEVER OTHERWISE the said two lots and parcel of land or any of them may be bounded or may measure or ought to be de scribed TOGETHER WITH described dwelling-houses erected on the par cel of land secondly hereinbefore described and all other appurtenances thereto belonging.

6 Transmitting Station, St. George's Parish

Firstly, ALL THAT certain parcel of land situate in St. George's Parish containing Three acres one rood and eight perches (3.300 acres) which said parcel of land is intersected near the Northern end thereof by the Public Road known as the "Barry Road" bounded NORTHERLY by the Ocean EASTERLY by land of the heirs or devisees of Amelia Sylvester and Winifred Harrell deceased and there measuring (exclusive of the said Public Road) Three hundred and sixty-four feet SOUTHERLY by land formerly of the Crown Lands Corporation and there measuring Three hundred and eighty-three feet and WESTERLY by the said land formerly of the Crown Lands Corporation and there measuring (exclusive of the said Public Road) Four hundred and sixty- five feet OR HOWEVER OTH ERWISE the said parcel of land may be bounded or may measure or ought to be described TOGETHER WITH the building housing the trans mitting station thereon erected and all other appurtenances thereto be longing including full and free right and liberty of way and passage for the owners of the said parcel of land their tenants and servants and all other persons authorised by them with or without horses cattle and other animals carts carriages and vehicles of all descriptions over and along the roadway Twelve feet wide leading in a NORTHERLY direction from the Public Road known as "Cut Road" along the EASTERN bound ary of land now or formerly of Arthur Dudley
Spurling and others to the said land now or formerly of the Crown Lands Corporation which said roadway forms the WESTERN boundary of the lot of land secondly here inafter described AND including a similar right of way and passage over and along the roadway Twelve feet wide the SOUTHERN extremity of which forms a portion of the NORTHERN boundary of the said lot of land secondly hereinafter described and leads in a NORTHERLY direction along the EASTERN boundary of the land formerly of the Crown Lands Corporation to the parcel of land hereinbefore described.

Secondly, ALL THAT certain lot of land situate in St. George's Parish in the Islands of Bermuda containing Three and one-half perches (0.022 acre) and bounded on the NORTH by land formerly of the Crown Lands Corporation and there measuring Sixty feet on the EAST by land now or formerly of the heirs or devisees of Amelia Sylvester and Winifred Harrell deceased and there measuring sixteen feet on the SOUTH by land now or formerly in the possession of Alice Wilhelmina Rosier Pearce and there measuring sixty feet and on the WEST by land now or formerly of Arthur Dudley Spurling and others a portion of which adjoining the heredita ments now being described comprises a roadway twelve feet wide and there measuring sixteen feet OR HOWEVER OTHERWISE the said lot of land may be bounded or may measure or ought to be described.

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Bermuda Consolidated Legislation

Cable and Wireless Public Limited Company (Consolidated Licence) Act 1985