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

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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

Monday 14 March 2011

Windhoek, Namibia

Charley Lewis

ITU Expert


  • 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

Methodology for assessment
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

Uas country assessment documentation examined
UAS Country Assessment:Documentation Examined

  • Scope of focus: Information and Communications Technologies (ICT), telecommunications, broadcasting, Internet, broadband

  • Documentation examined (in order of priority):

    • National Policy

    • ICT Sector Legislation

    • ICT Sector Regulations

    • Operator Licences

    • Annual Reports of the Regulator

    • 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

Uas country assessment themes considered
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

Uas country assessment example institutional framework
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.

Uas country assessment example objectives principles scope
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.

Uas country assessment example variety of strategies and policies
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 2011. The international gateway and undersea cable remain a monopoly in the hands of the incumbent.

Monday 14 march 2011 windhoek namibia charley lewis itu expert
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.

Uas country assessment example variety of mechanisms to finance uas
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.

Uas country assessment example establishment good governance of uasf
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.

Uas country assessment example quality of service
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.

Uas country assessment example consumer policy
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.

Uas country assessment how you can help
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)

Thank you
Thank You!

Charley Lewis

Senior Lecturer

LINK Centre

University of the Witwatersrand, Johannesburg

Tel: + 27 11 717-3784

Mobile: + 27 83 539-5242

The LINK Centre

University of the Witwatersrand, Johannesburg

South Africa