Frontiers in Domestic Regulations Peter Hlapolosa GM:Telecommunication Services ICASA

PRINCIPLES The principles that I am focusing on in respect of enabling liberalisation in the international services sector are the following: Necessity Transparency International Standards Regular review process It is my submission that the above principles are essential in ensuring that the regulations formulated by authorities do not create unnecessary barriers to the availability of choice in the provision of services and should be supported.

Necessity Necessity is viewed by us as a guide in our work towards ensuring clarity in respect of the processes be it for licence applications, renewals, etc.

TRANSPARENCY With regard to licensing processes we support the following requirements: Based on objective and transparent criteria No more burdensome than necessary to ensure quality of service. In case of licensing procedures, not in themselves a restriction on the supply of the service.

Transparent criteria This requirement in our view can be met through the publication of the criteria and their respective weights at the time of the issue of the application guidelines. Transparency is attained through applicants being aware of the criteria and their relative weights in advance of submission of their application with the authority.

Not excessively burdensome This principle calls for a qualitative assessment of the burden associated with compliance to the regulations compared to the need to have the services available to customers who need them.

Non-restrictive on service provision Some of the measures that have been used by us have been to adopt a technology neutral approach in licensing processes as well as offering Information sessions in cases of special licensing processes aimed at assisting would-be applicants.

International Standards It is our experience that the recognition of qualification and tests conducted abroad obviates the need to repeat the same tests which results in unnecessary duplication.

Regular review process Through regular review processes outdated regulations can be updated to be in line with technological and competitive developments.

Challenges Infrastructural differences Resources The infrastructure is a determinant of a countrys ability to publish regulations, and to make them available on in soft copy format and on a website in line with the transparency requirement. The scarcity of resources at the disposal of authorities in developing countries especially with regard to funding and skills continue to pose great challenges in creating enabling environments for liberalisation.