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A r a b R e g i o n a l O f f i c e. Telecommunications & Post Regulatory Authority a rp t www.arpt.dz Algeria. The ITU / BDT Arab Regional Office . 1st Telecommunication Regulatory Meeting for the Arab Region

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A r a b R e g i o n a l O f f i c e

Telecommunications & Post Regulatory Authority arpt www.arpt.dz Algeria

The ITU / BDT Arab Regional Office

1st Telecommunication Regulatory Meeting for the Arab Region

Algiers, Algeria 19th – 21st April 2003

«Overview of Arab National Regulatory Authorities & Perspectives on Regulation »

Paper presented by Professor S.M. BOUCHENAK

Council member of ARPT


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TABLE OF CONTENT (1/2)

  •  Basic Organisation Models for National Regulatory Authorities (NRA)

  •  Scope of the Regulatory Portfolio (Benchmark between arab NRAs)

  •  Principles of Good Regulatory Decision-Making

  •  Providing for Effective Regulation

  •  Role of the Regulation in the Transition to a Competitive Market


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TABLE OF CONTENT (2/2)

  •  Telecommunications Overview in Algeria

  •  Key Guiding Principles of the Telecommunications Sector Reform

  •  Major Global Telecommunications Sector Reforms and Associated

  • Objectives

  •  Key Operational, Advisory and Supporting Functions of the Regulatory

  • Authority

  •  Conclusion


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Basic Organisation Models For National Regulatory Authorities (NRA) (1/6)

  • BASIC ORGANISATION MODELS

  • 1- NRA as integral part of the government

    • As a ministerial Department (i.e. Japan)

      • Ministry of Communications

      • Ministry of Posts & Telecommunications (or PICT)

      • Ministry of Transportation & Communications

    • As a subordinated authority to a ministry


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Basic Organisation Models For National Regulatory Authorities (NRA) (2/6)


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Basic Organisation Models For National Regulatory Authorities (NRA) (2/6)

  • Ministry of Communications – Ministry of Posts & Telecommunications –DATA SOURCE : ITU 2003

  • Ministry of Transportation & Communications


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Basic Organisation Models For National Regulatory Authorities (NRA) (3/6)


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Basic Organisation Models For National Regulatory Authorities (NRA) (4/6)

3- Partial or comprehensive responsability of NRA

 « Pure » NRA model : NRA is in charge of all regulatory functions of telecom

regulation (like in Algeria)

 Some regulatory functions may be exercised by specialised agencies or

institutions, like e.g.

 frequency management (Algeria)

 numbering

 Government may keep some regulatory functions within a Ministry, like e.g.

 frequency management

 numbering

 licencing (Algeria)


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Basic Organisation Models For National Regulatory Authorities (NRA) (5/6)

 Remaining Governmental functions which cannot or should not be

exercised by NRA

 formulation of telecommunications policy

 preparation of legislation

Governmental ordinance on e.g.

 universal service

 frequency management

 licencing etc.

 international representation

4- Portfolio of NRA

 Concentrating on telecommunications vs. Multi-sector responsability


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Basic Organisation Models For National Regulatory Authorities (NRA) (6/6)

 Including related fields of business, like

 posts (e.g. Germany, Algeria, Mauritania)

 media (e.g. USA, Switzerland)

 Part of a general utility regulation, like

 energy (electricity, gas)

 transportation

 water

 railways


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Scope of the Regulatory Portfolio (1/2)

In the Arab countries, governments have acknowledged the need for

a regulatory body with well-defined responsabilities and powers.

Organisation of national regulatory authorities (NRA) in the Arab region,

roughly 50% concentrate on telecommunications only; others are also

responsible for regulationg postal services.

A « pool » of regulatory tasks (such as price regulation, numbering, etc)

is carried out by all regulators in the Arab region.

YES


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Scope of the Regulatory Portfolio (2/2)

Data Source : ITU 2003

Countries not having Regulator body yet

Postal Services & Telecoms

YES

NON


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Principles of Good Regulatory

Decision-Making (1/2)

  • Transparency: is a safeguard for legitimacy & efficiency

  • Objectivity;

  • Accountability: NRA should be responsible for the legality of its actions

  • No conflict of interests: NRA should have no other functions

  • Professionalism and expertise:learning by doing necessary & essential.

  • Benchmark & comparison as an important input

  • Efficiency; and

  • Independence (institutional autonomy): Organisationally, financially,

  • politically and personnal(Chairman or President & other members should

  • be appointed by Government


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Principles of Good Regulatory

Decision-Making (2/2)


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Providing for Effective Regulation

1- Need for a solid regulatory framework

 Sector-specific rules (rules should be clear, transparent,

non-discriminatory, consistent, sufficiently encompassing)

 Competition

2- Need for an effective NRA

 Independence

 Accountability

 Adequate resources


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Role of the Regulation in the Transition to a Competitive Market 1/3

  • In the transition from state-owned monopolies to private led and increasingly competitive market structures in telecommunications, poor performance of NRAs limits the benefits of reform, especially in countries with a tradition of weak governance.

    Bearing in mind that the main objective is not a successful NRA but a well-performing sector.

  • In the transition from state monopoly to private (or Public-Private Partnership) and competitive market structures, regulation is needed to promote the public interest for several reasons:

    • Containing abuse of market power. The former state monopoly is likely to remain the largest operator for some time. Customers should be protected from abuse of this market power, typically reflected in high prices, insufficient supply, poor service quality and reliability, slow repairs, slow introduction of new services, inaccurate and incintestable bills, and corrupt practices in allocating scarce services. New service providers must also be protected.


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Role of the Regulation in theTransition to a Competitive Market 2/3

  • Forestering competition. This means action on 4 fronts:

  • Unless all regulatory barriers to entry and competition are dismantled at the outset, someone must decide from time to time how many operators can enter the market, who can enter the market, and under what conditions.

  • New entrants need access to scarce resources initially controlled by the incumbent-most critical: the radio spectrum, telephone number blocks, and rights of way.

  • Developing effective competition hinges on new entrants’ability to access the incumbent’s customers and to use parts of the incumbent’s network at prices that reflect costs. Thus interconnection between new and established operators is as the heart of the competition agenda.

  • Constant vigilance is needed against anticompetitive behavior, particularly by the incumbent (cross-ownership among operating companies, limitations on resale, conditioning of sales) but also by fast-growing new entrants.


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Role of the Regulation in the Transition to a Competitive Market 3/3

  • Creating a favorable investment climate. Investors need to be convinced that the rules of the game under which they are investing can be relied on. In particular, they need to be confident that their investments will be safe from de facto espropriation through arbitrary changes in prices, taxes, and service obligations.

  • Narrowing development gaps. A fully commercial approach to telecommunications will go a long way toward meeting development objectives, including extending access to rural and low-income urban areas. But gaps in meeting universal service goals are likely to remain, calling for public sector initiatives or financing to complement or catalyze those of the private sector.


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Telecommunications Overview in Algeria (1/2)

(A+D) : Analog + Digital


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Telecommunications Overview in Algeria (2/2)


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NMT & GSM Subscribers Evolution

1994 – February 2003

Trends of incumbent operator


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Fixed Density Vs Mobile Density

– MEDA Countries -

Source : ENCIP / IDATE


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Algeria Telecom Network

Internet Architecture

8 Mbps

8 Mbps

14 sites

ALGIERS

ORAN

14 sites

ATM 34 Mbps

8 Mbps

8 Mbps

ATM 34 Mbps

ATM 34 Mbps

144 Mbps

CONSTANTINE

Internet

8 Mbps

8 Mbps

17 sites


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Internet Density Vs. PC Density

(per 100 inhabitants)

Source : ENCIP / IDATE


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Development Indicators for ICT

(Information & Communication Technology)

Database : ITU, UPU - Trends of incumbent operator


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Key Guiding Principles of the

Telecommunications Sector Reform

  • In its program adopted January 24th, 2000, the Algerian Government

    has decided to engage itself in a strong reform process of the post &

    telecommunications sector in order to move Algeria towards the 21st

    century information society.

  • Liberalization of telecommunications and post services sector has

    officially started since august 5th, 2000, with promulgation of the law

    n°2000-03 setting general rules related to post and telecommunications.


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Assistance Projects by International

Institutions financing NICT in Algeria

Algeria has benefited financial resources from international institutions such as :


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Major Global Telecommunications Sector

Reforms and Associated Objectives (1/5)

  • 1- Reorganization of the Regulatory Framework

  • a) Legislative Reorganization.

  • The new law (N°2000-03 of august 5th, 2000) aims in particular to:

    • Develop and provide quality services of telecommunications and post under objectives

    • conditions of transparency and non-discriminatory competition;

    • Define general conditions of operation in the field of post and telecommunications for

    • operators;

    • Define regulatory framework;

    • Create conditions for separated development of postal and telecommunications

    • activities;

    • Define the institutional framework for the creation of an autonomous and independent

    • regulatory authority.

  • b) Regulatory Reorganization.

  • A series of decrees ( 25 since may 3rd, 2001) were adopted or in the process of adoption related to tarification, price regulation, high points, interconnection, universal service, operation regimes and frequency management, etc.


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    Major Global Telecommunications Sector

    Reforms and Associated Objectives (2/5)

    • 2- Market Liberalization & Other Fundamental Targets

    • Progressive liberalization of all market segments and in particular the privatisation of Algérie Telecom (the incumbent operator).

    • Liberalization of telecommunications & postal sector, competition and promotion to private investment and in particular the allocation of GSM licences to private sector, open competition on the fixed telephony market;

    • The opening of the incumbent operator capital to a strategic investor followed by an introduction on the stock market;

    • Protection and development of the universal service (SU) system on the hole national territory.

    • 3- Institutional Reorganization

    • A Stable and transparent Regulatory Framework

    • A modern regulatory framework has been put in place in Algeria in order to distinguish the several roles of the State. The law 2000-03 set the general principles for the

    • telecommunications and postal sector :


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    • Separation of telecommunications activities and postal activities; and creation of

      « Algérie Telecom » as a joint- stock company and « Algérie Poste » as an industrial & commercial public company;

    • Creation of a national regulatory authority (Telecommunications & Post Regulatory Authority – ARPT);

    • Separation of operation activities (Algérie Telecom) and those of regulation and control activities (ARPT) by split of the ministry of posts & telecommunications (MPT) who will be in charge mainly of sectorial policy.

      4- Transparency in the Application Reform

    • Contracts (recruitment of consultants or licence allocation) is done under competitive scheme and complete transparency;

    • Public is kept informed of the reform process.

    Major Global Telecommunications Sector

    Reforms and Associated Objectives (3/5)


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    Major Global Telecommunicatons Sector

    Reforms & Associated Objectives (4/5)


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    Major Global Telecommunicatons Sector

    Reforms & Associated Objectives (5/5)


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    Key Operational, Advisory & Supporting

    Functions of the Regulatory Authority (1/4)

    • ARPT, created by law n°2000-03, is an independent institution with a financial autonomy and moral

    • personality;

    • The law defines the internal organization of ARPT as it follows :

    •  A Council composed of 7 members including the President, appointed by the President of

    • the Republic;

    •  A Director General appointed by the President of the Republic. This Director is in charge

    • of management and operation of the Regulatory Authority.

    • Law garantees the independency of the Authority, and stand by in particular to the absence of control or

    • tutelage of Authority’s activities by operation;

    • The role of ARPT is to support the realisation of objectives defined by the law in terms of liberalization and

    • competition development of the telecommunications and postal sectors (i.e. to encourage competition, to protect

    • the end-users and to regulate the sector in a non-discriminatory and transparent way);

    • Dispositions particuliarily innovating in the law 2000-03, give to ARPT a status, powers and responsabilities

    • that are totally diferent from any other public organization in Algeria;


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    Key Operational, Advisory & Supporting

    Functions of the Regulatory Authority (2/4)

    • The status « sui generis » was granted to ARPT and provides two (2) essential garantees :

    •  Impartiality as a pledge. The sui generis status gives State’s will to dissociate its activitiy of

    • regulation from that of operator;

    •  Optimization of transparency, management, procedures rapidity and adequacy of

    • decisions.

    • The choice of the sui generis status is the first step towards the adoption of modern regulatory

    • tools in Algeria.

    • Moreover, ARPT will have the necessary regulatory tool to comply with its missions.

    • ARPT insure the following missions :

    • Strategic regulation : (some attributions are shared conjointly with the ministry of posts &

    • telecommunications) which allows to fulfill reform sector objectives;

    • Functionnal activities;

    • Legal and economic regulation;

    • Internal administration.


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    Key Operational, Advisory & Supporting

    Functions of the Regulatory Authority (3/4)

    • ARPT missions are :

    • Monitoring & decisions

    • Consultancy & representation

    • Authority & control

    • Consulting missions

    • A role of arbitration (dispute resolution).


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    Key Operational, Advisory & Supporting

    Functions of the Regulatory Authority (4/4)


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    Key Guiding Principles for Effective

    Regulation by ARPT (1/3)


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    Key Guiding Principles for Effective

    Regulation by ARPT (2/3)


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    Key Guiding Principles for Effective

    Regulation by ARPT (3//3)


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    Internal Organisation of ARPT


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    Financing of ARPT

    Financial resources of ARPT are as follows:

    Administrative fees from

     Licensing

     Frequency allocations

     Number allocations

     Universal service contribution by operators of the sector

     Editing & printing of documents published by ARPT

    (public reports in particular)

     Contribution of operators to the financing of research,

    training & standardization of the telecommunications sector

     Rendered services

     Non-recurring or recurring

     Equipment approval of the sector (P&T).


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    Scheduled Activities of ARPT

    in the Short – Medium & Long Runs (1/2)

    Since May 3rd 2001, ARPT dedicated its time to the realisation of a sectorial reform program for the Algerian government published in the sectorial policy declaration (SPD) and the set up of an agenda which should allow a progressive liberalization of all telecommunications market segments.


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    Scheduled Activities of ARPT

    in the Short – Medium & Long Runs (2/2)

    DEREGULATION LONG TERM PROGRAM


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    Market Evolution (1/2)

    • MOBILE OPERATORS IN ALGERIA


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    Market Evolution (2/2)

    • National Telephone Services

    • A program is launched to extend and modernise the network with a view to reaching a teledensity of:

      • 7 lines per 100 inhabitants in 2002,

      • 12 lines in 2004

      • 20 lines in 2010.

      • Fixed teledensity for 100 inhabitants in 2002 = 6.6%

  • Population of Algeria at the end of 2002 : > 33 000 000 inhabitants

  • Mobile teledensity for 100 inhabitants in 2001 = 0.35%

  • Mobile teledensity for 100 inhabitants in 2002 = 1.62%

  • Mobile teledensity for 100 inhabitants in 2003 = 5.11%


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    Conclusion – « Recommanded » NRA model

    • A modern NRA independent with a financial autonomy and moral personality.

    • Absence of control or tutelage of NRA’s activities by operation will garantee to NRA to regulate the sector in a non-discriminatory and transparent way.

    • An independent NRA in charge of all regulatory functions of telecom regulation to insure the transition from a monopolistic to a competitive market.

    • An independent NRA is the best garantee for a Public-Private Partnership equilibrium.

    • In economies of Developing Countries, the coexistence of public-private sector is an absolute necessity for the time being in a transitory period (from a monopolistic to a competitive market).

    • The role of an independent NRA is enabling and protecting competition in transparency.


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    CONTACTS

    • TELECOMMUNICATIONS & POST REGULATORY AUTHORITY

    • AR PT -

    • 1, Rue Kaddour Rahim

    • Hussein-Dey - Algeirs 16008 - Algeria

    • Tel : ( + 213 ) 21 47 02 05

    • Fax : ( + 213 ) 21 47 01 97

      Website : www.arpt.dz

      E-mail : arpt@postelecom.dz

      E-mail : bouchenak@postelecom.dz

      E-mail : bouchenak_dz@yahoo.fr


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