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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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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

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: 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)

  • 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

  • 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)

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

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)

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)

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

  • Key principles

    • Need for clarity

    • Need for parity

    • Need for Transparency

    • Need for Effective Monitoring and Enforcement


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)

  • 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

  • Range of Mechanisms

  • Funding Criteria

    • targeted and determined

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


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)

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


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)

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)

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.


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)

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

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)

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)

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?

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!

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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