Dear Walu, Just checked the dictionary definition of "Regulate" and got these synonyms - rule, govern, manage, order, adjust, arrange, dispose, conduct, systematize. Al these sound and are good "English" words cos they give you the sense of stability, odder and continuity. However, these may not be so good "legal" words because law introduces the concept of constrain. Then these words become a burden that regulation is (especially to the private sector) and that regulatory frameworks prescribe. On the same breath, I would argue that its not a simple lets have or no, lets not regulate the OFCs. I think we need to regulate in the sense of providing continuity by systematizing and managing for the benefit of all, so regulation should only be used to facilitate and not constrain. Non-regulation to me sounds chaotic and not sustainable in the long run! Lets have a "facilitative regulatory framework" so that the private sector can do what they do best...invest and get a return on their investment; and the government collects its taxes while we enjoy efficient and affordable the services! Harry -----Original Message----- From: kictanet-bounces+harry=aitecafrica.com@kictanet.or.ke [mailto:kictanet-bounces+harry=aitecafrica.com@kictanet.or.ke] On Behalf Of John Walubengo Sent: Friday, January 26, 2007 9:40 AM To: harry@aitecafrica.com Subject: [Kictanet] Day 4 of 10: What are the Existing/Sugested legal andregulatory framework for OFC? Thanx Brain, Kai, et al for your contributions on the previous themes, I now wish to introduce today's theme as shown above. It looks like on the Regulatory theme, there is very little option. The choice is simply between having or NOT having Regulatory environments for the submarine cable. The current practice is simply NO Regulation by virtue of the fact that most OFC is laid out by Private sector with commercially agreed private contracts. These are kept confidential until or unless a dispute arises in which case it is resolved through existing Company Laws or Competition Laws. None-Regulation has therefore served well in managing Private sector investements. However, in the Case of a Consortium model, where Public Funds have been committed to build the infrastructure, some argue that Regulation is required to ensure that the Public interest (social benefits) are balanced against the Private (profit) interests. The Consortium operators however find this recommendation not encouraging since they feel that Regulation would tend to frustrate an otherwise enterprising venture that would excel without Regulatory constraints. As for the proposed Open Access Model, the Regulatory frameworks suggested seem to range from None, Some, Delayed to Full Regulation. I still don't know how these different variants would apply but would be glad to hear more from the participants. So lets explore the Pros and Cons of these options but approaching it in a practical way as follows: What benefits/disadvantages has Non-Regulation brought to submarine OFC within the the context of the three models a) Purely Private Provisioning of OFC b) Consortium Provisioning of OFC c) Open Access Provisionig of OFC. 2Days discussion - the eFloor is open to all however. Operators, Lawyers, Regulators, Policy Makers, CSO & Consumers are particularly encouraged to say something. walu. --- Bill Kagai <billkagai@gmail.com> wrote:
Brian... Signs of a good Cabaret Sauvignon over lunch today!!!
Anyway, We are all converted capitalists hosting the World Social Forum..so I say..a good model is the one that makes good money for all of us.
On 1/25/07, Brian Longwe <brian@pure-id.com> wrote:
For once I get to make my comment on the day it is due
keep it up) ....... {I heard that when you start talking to yourself you should get worried..... how about when you start sending email to yourself?}
HAHAHAHA!
Anyway on a more serious note, some years ago I had a v. interesting dialog on this issue of submarine infrastructure. The
to (don't remember exactly who) {is loss of memory a sign of age, senility, insanity or all 3 together} hehehe.....
---as I was saying, the people I was talking to mentioned that the perfect model has existed for the longest time in the oil & gas
different parts of Europe. These cross multiple jurisdictions, are critical to the livelihoods and economies of all the stakeholders, support the existence and stability of a wide spectrum of sectors, and at the end of day provide something that an individual or family pays for.
Taking all of the above into consideration - these
(good job, Brian - people I was talking pipelines in projects are
deliberately designed not to make a profit. (In fact it was hinted that some of them are designed to make a loss - pssst don't say anything to the banks - snicker, snicker, hee, hee)
So at the end of the day you have a consortium<ouch> or group of parties that come together to form an SPV <yay> which then raises the funds required and builds the damn thing - so that all the various "downstream" parties can make their money, needless to say this helps the circulation of currency, etc, etc, etc...
So, my take is that OpenAccess - SPV - build at cost - don't aim for profit - facilitate growth elsewhere is the way to go....
I'll stop now because if I don't I may start writing some of the things I want to say to myself in a separate email ;-)
Brian
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