1 Monday 14 March 2011 Windhoek, Namibia Charley Lewis ITU Expert Validation Workshop Session 2.3: Gap Analysis: Existing legislation and regulation in Southern Africa assessed against international and regional best practice

Introduction  Universal Access and Service Assessment Report and Update to SADC Guidelines  Part III (Key Legal and Policy Issues and Country Assessment)  Assessment of implementation in the 16 SADC / CRASA member countries  vs. current SADC Guidelines in Universal Access / Service for Telecomms Services  vs. international and regional best practice on UAS 2

Methodology for Assessment  Step 2: Assessment of how UAS policy & regulation has been implemented in the SADC / CRASA member countries  Overview of how key elements have been implemented in the 15 SADC / CRASA  Key elements derived from countries generally identified as international & regional best practice  Key elements also derived from current SADC Guidelines on UAS  Identification of key legislation and specific provisions in legislation, and on other regulatory documents  NOTE: Assessment does NOT consider DRAFT documents – although copies of available draft documents are included on DVD 3

UAS Country Assessment: Documentation Examined  Scope of focus: Information and Communications Technologies (ICT), telecommunications, broadcasting, Internet, broadband  Documentation examined (in order of priority): 1.National Policy 2.ICT Sector Legislation 3.ICT Sector Regulations 4.Operator Licences 5.Annual Reports of the Regulator 6.Analysis, Commentary & other documentation  NOTE: Not all documents were readily available (on CD or public Internet) to the project team  NOTE: Policy and legislation in progress / draft form could NOT be considered 4

UAS Country Assessment: Themes Considered  Legal Mandate and Institutional Framework;  Objectives, Principles and Scope of Universal Access and Service;  Variety of Strategies and Policies to Promote Universal Access and Service;  Monitoring, Enforcement and Sanctions of USOs;  Universal Access and Service Financing;  Universal Service Fund: Principles;  Quality of Service for Universal Access and Service;  Consumer Policy and Universal Service 5

UAS Country Assessment: Example: Institutional Framework  Consultation: The law/legal mandate clearly directs the ministry to develop a UAS Policy after consultation with relevant stakeholders  There is no legal requirement in terms of the Telecommunications Act for either UAS policy development or for stakeholder consultation. National telecomms policy remains the sole prerogative of the Minister. Pending legislation currently proposes the establishment of a stakeholder-based “Universal Access Consultative Council” to advise the regulator on UAS programmes, budgets and activities. 6

UAS Country Assessment: Example: Objectives, Principles, Scope  Service Targets: a clear definition is given of specific ICT services and ICT applications that must be provided and to whom they must be provided  The 2003 consultation document on UAS issued by the regulator set out to define which “services are included in the universal basket of services” and suggested that these should include “voice grade access [whether] fixed or mobile” but sets out no specific quantifiable targets. 7

UAS Country Assessment: Example: Variety of Strategies and Policies  Liberalisation: Introduction of competition with liberalisation of appropriate market segments (CPE, paging, ISPs, data communications, VANS, international gateways and undersea cables, and wholesale fibre  Competition is gradually being introduced with licences granted to a second mobile operator in 2007, and licences for ISPs to be awarded in The international gateway and undersea cable remain a monopoly in the hands of the incumbent. 8

UAS Country Assessment: Example: Universal Access and Service Obligations (Definition, Monitoring, Enforcement, Sanctions)  Publication of USOs: Comprehensive details of Universal Access and Service obligations are specified in each operator’s licence and published by the designated agency  The USOs imposed on operators are required by the law to be specified in the various individual licences, but the licences are not readily publicly available, and the details of USOs imposed on individual operators are not published by the regulator. 9

UAS Country Assessment: Example: Variety of Mechanisms to Finance UAS  Range of Mechanisms: The law establishes a variety of financial mechanisms to support provision of UAS  The 2002 Telecommunication Law only makes provision for the establishment of a “Universal Service Fund” as a mechanism to provide explicit financial support towards UAS. No other financial mechanisms are either specified in the law or have been implemented by the regulator. 10

UAS Country Assessment: Example: Establishment & Good Governance of UASF  Transparency: The fund is audited bi-annually, and audits, and financial and activity reports are publicly available  There is no formal provision within either the law or the regulation governing the USF dealing with audit requirements. However, the USF falls under the control of the regulator. Some, but not all, annual reports of the regulator contain copies of audited financial statements. 11

UAS Country Assessment: Example: Quality of Service  QoS Review: QoS components and benchmarks are regularly reviewed through a process of public, stakeholder consultation  There is no requirement in the law for QoS parameters to be periodically assessed, let alone for this to be done in conjunction with stakeholders. Nor is there any evidence of such a process having been undertaken. 12

UAS Country Assessment: Example: Consumer Policy  Surveys: Consumers are regularly surveyed in relation to QoS and complaints issues and level of satisfaction with operators and their services, and the results made publicly available  There is no requirement in either the law or consumer protection regulations that consumer satisfaction be surveyed, let alone that the results be published. There is no evidence that any such surveys have ever been carried out. 13

UAS Country Assessment: How you can help  Provide Copies of Missing Documentation:  Examine your country’s documentation on the CD and referred to in the report (policy, legislation, regulations, licences etc)  Send us copies of anything that is missing, preferably in electronic format (hard copies also accepted)  Help us Identify and Correct any Errors:  Which country?  Where in the report (section & paragraph)  Nature of the Error  Corrected information  Supporting Documentation (for verification) 14

Thank You! Charley Lewis Senior Lecturer LINK Centre University of the Witwatersrand, Johannesburg Tel: Mobile: The LINK Centre University of the Witwatersrand, Johannesburg South Africa 15