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Validation Workshop Session 2.2: International and Regional Best Practice: Assessment of key elements for UAS in Africa and beyond. Monday 14 March 2011 Windhoek, Namibia Sofie Maddens-Toscano ITU Expert. Introduction.

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Monday 14 March 2011 Windhoek, Namibia Sofie Maddens-Toscano ITU Expert

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Monday 14 march 2011 windhoek namibia sofie maddens toscano itu expert

Validation Workshop

Session 2.2: International and Regional Best Practice: Assessment of key elements for UAS in Africa and beyond

Monday 14 March 2011

Windhoek, Namibia

Sofie Maddens-Toscano

ITU Expert


Introduction

Introduction

Key factors and regulatory trends relating to universal access and service (UAS) were identified

A selection of best practice examples from around the world has been done


Legal mandate and institutional framework

Legal Mandate and Institutional Framework

  • Legal Mandate: clear legal mandate in the law to support or address the concept of Universal Access and Service (UAS);

  • Good Governance: law provides for transparency, independence of UAS Agency, stakeholder consultation concerning definition, periodic review of Universal Access and Service targets and obligations;

  • Policy Co-ordination: law provides for co-ordination of policies at national level (UAS and ICT4D, ICT4E, national poverty reduction strategies, MDGs, cyber strategies, etc.);


Legal mandate and institutional framework 2

Legal Mandate and Institutional Framework (2)

  • Range of Services: Internet, broadband and broadcasting services in addition to fixed and mobile voice services;

  • Consultation: the legal mandate clearly directs the ministry to develop a UAS Policy after consultation with relevant stakeholders;

  • Accountability: The law clearly mandates the regulator or identifies a designated agency for the implementation of the UAS Policy and clearly specifies its mandate.


Objectives principles and scope

Objectives, Principles and Scope

  • UAS Goals: clear definition in the law or other national policy document;

  • Access vs Service: a clear distinction is drawn;

  • 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;


Objectives principles and scope 2

Objectives, Principles and Scope (2)

Range of Services: services beyond fixed and mobile voice are included, which could include Internet, broadband and broadcasting;

Periodic Review: the periodic review of Universal Access and Service objectives, principles, scope, targets and obligations is provided for.


Variety of strategies and policies

Variety of Strategies and Policies

USOs: coverage and roll-out obligations on designated licensees

Liberalisation: CPE, paging, ISPs, data communications, VANS, LLU, international gateways and undersea cables, and wholesale fibre;


Variety of strategies and policies 2

Variety of Strategies and Policies (2)

Strong Regulatory Framework: Flexible Spectrum Policy, Effective Competition Law/principles (control of dominance), Access and Interconnection (including local loop unbundling, asymmetric interconnection), Co-location and Infrastructure Sharing

Funding: the definition of a range of UAS financing mechanisms, including the establishment of a Universal Service Fund;


Variety of strategies and policies 3

Variety of Strategies and Policies (3)

Supply-side Innovation: a mix of complementary and innovative strategies to create incentives for private sector to extend ICT networks, including through community participation;

Demand-side Innovation: the establishment of a mix of complementary and innovative strategies to stimulate demand for access to ICT networks and services.


Monitoring enforcement and sanctions

Monitoring, Enforcement and Sanctions

  • Key principles

    • Need for clarity

    • Need for parity

    • Need for Transparency

    • Need for Effective Monitoring and Enforcement


Monitoring enforcement and sanctions 2

Monitoring, Enforcement and Sanctions (2)

  • Key elements

    • Scope of USOs: who

    • ReviewProcess: well-defined and regularprocess of review;

    • Differentiation: criteria are clearly provided for in the law (e.g. dominance);

    • Publication of Obligations

    • Monitoring: agency monitors progress;


Monitoring enforcement and sanctions 3

Monitoring, Enforcement and Sanctions (3)

  • Key elements

    • Monitoring: agency monitors progress;

    • Publication of Progress

    • Enforcement: clear and proportionate enforcement mechanisms are in place as well as mechanisms by which operators can present their point of view


Financing of uas

Financing of UAS

  • Range of Mechanisms

  • Funding Criteria

    • targeted and determined

    • transparent, non-discriminatory, inexpensive, and competitively neutral;


Financing of uas 2

Financing of UAS (2)

Clear Source of Funds

Cross subsidies

Implicit Funding: implicit (hidden) funding through fees and other indirect sources such as inter-carrier compensation fees / access deficit charges


Financing of uas 3

Financing of UAS (3)

Smart Subsidies: ‘smart subsidies’ encourage operators to enter the market rather than to creating an unending dependency on financing


Funds

Funds

USF: the law provides for the establishment of a Fund, where one is required, and this decision is linked to a process of analysis of the market realities and consultation of stakeholders;

Accountability: the law clearly identifies who is responsible and ensures independence


Funds 2

Funds (2)

Financing of USF: all operators, paid at reasonable intervals, supplemented by alternative and collateral contributions;

Transparency: the fund is audited bi-annually, and audits, and financial and activity reports are publicly available;


Funds 3

Funds (3)

Project identification: the expenditure of funds prioritises public access points, telecentres, SMMEs, co-operatives or other projects – subject to a carefully-researched needs analysis;

Project Selection: Competitive least subsidy bidding is used as the basis for selecting individual projects.


Monday 14 march 2011 windhoek namibia sofie maddens toscano itu expert

QoS

QoS requirements: include clearly specified QoS components (supply of services, customer complaints and redress, faults, service quality, provision of designated USO services including free emergency calls, billing);

QoS Monitoring: regular and independent assessment, and the results made publicly available;


Qos 2

QoS (2)

Range of Services: QoS benchmarks are established in respect of all relevant services ;

QoS Review: QoS components and benchmarks are regularly reviewed through a process of public stakeholder consultation.


Consumer policy

Consumer Policy

Charters: consumer protection requirements (e.g. customer service charters) are specified, publicised and binding;

Channels: channels for consumer complaints are clearly specified, rest with the operator in the first instance, and include escalation procedures;


Consumer policy 2

Consumer Policy (2)

Information: operators are required to inform their customers of the rights as customers and consumers and of channels for complaints and escalation;

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;


Consumer policy 3

Consumer Policy (3)

Scope: consumer protection requirements exist in respect of all relevant services (fixed, mobile, Internet, broadband, broadcasting);

Review: consumer protection criteria and requirements are subject to regular review with stakeholder participation.


Why relevant

Why Relevant?

These key elements have been assessed in each of countries to provide Gap analysis – see next presentation

Basis for revision of guidelines – checklist for tomorrow’s Group sessions to discuss Assessment Reports and Amendments to Guidelines


Thank you

Thank You!

Sofie Maddens

Vice President, Regulatory Reform

Director African Affairs

[email protected]

Telecommunications Management Group, Inc.

1600 Wilson Boulevard, Suite 710

Arlington, VA 22209

USA

Tel: +1.703.224.1501

Fax: + 1.703.224.1511

www.tmgtelecom.com


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