Dear Alice,

You see the regulator is suppose to be the pivot on which there should be equilibirum among the operators who make the various levers and again am sure in Kenya things have change for the better with CCK and hence"the speed of light" progress you guys are making. 

I think one element is to also strengthen the consumer coalition and Alex Gakuru has being doing alot of work in that area, you have done a lot yourself in terms of the CSO and hence you represent them on the CCK leadership. I dont know the current representation on the CCK leadership but if all the stakeholers are there then you are good to go. 

On another note, the oversight from industry is a mindshift and i hope most countries make it sooner than later in Africa. 

Eric here 


On 10 Oct 2007, at 10:19, alice wrote:

Agree Eric, important conversation indeed.

And I see it asking the following questions: Who talks to regulators? What about and what do regulators do with what they have learnt in a policy regulatory sense.

To use the Eric example,  Re: Industrial oversight for Regulators - How do regulators  subject their decision and engagements to major industry input using communication technology? and has this been effective from an industry point of view? The private sector has the most clear relationship with regulators, simply because their ongoing activities are a primary object of oversight....so the assumption here would be that regulators then have a load of information, services and applications to facilitate conducting of business in the country, is this the case?
What about consumers?

alice there



Eric Osiakwan wrote:
Dear Walu,

This is an important conversation you are getting underway and i would like to robe in two fundamentals that are essential for the emerging regulatory regime;

1. Regulation is facilitation and must benefit local industry - It is important for our regulators to see themseles as facilitors of the industry in the interest of the consumer (even in the presence of a consumer parliament...:-) and work towards helping the local industry to grow and innovate. The cash cow for the local operators in "license" or landing right etc. Recently i was talking to a substantive regulator and he told me the most shocking thing, he said he is going to give all the licenses to indigenous local operates so they use it as cash cow to trade with those carrying FDIs. Now thats a strategic mindframe that gives weight to the local folks and i was excited this is coming from a regulator....

2. Industrial oversight for Regulators - Because of the growing mindset and rapid adaptation of technology, the regualtory system worldwide is changing and it is becoming clear that effective and efficient regualtors actually have oversight from industry. In order words they must subject their decision and enagements to major industry input so that it is consistent with technological evolution which makes them facilitators of growth and economic development, not the opposite. So am advocating more for "self regulation" and less inteference in business process and innovation. Please note that self regulation does not mean "no regulation"......

Eric here


On 9 Oct 2007, at 08:47, John Walubengo wrote:

In think we can kick off the discussion by first reviewing
the roles of three selected Info & Communications
Regulators(Kenya, Tanzania & Malaysia). 
The idea is to gain an understanding of the role of the
Converged Regulator and then extend that into tomorrow’s
Question :- How can the Internet assist Regulators in
executing these roles or achieving their objectives?

Probably at the end of this task, we should highlight five
key functions or roles the Converged Regulators should be
playing and then use them as the reference points for
building appropriate and corresponding eCommunication
strategies. 
Feel free to point out any role that may not have been
covered in the three examples.

walu.
~~~~~samples roles below~~~~~
1. From Kenya
The Communications Commission of Kenya (CCK) was
established in February 1999 by the Kenya Communications
Act, 1998, to license and regulate telecommunications,
radio communication and postal services in Kenya. 
The Communications Commission of Kenya (CCK) plays a
critical role in the liberalization of Kenya's postal and
telecommunication sectors. CCK is the Gateway that
encourages private investment in the sector and provides
for the rights and obligations of both operators and
consumers. The licensing of new players has given the
consumer greater choice. 
As the Link, CCK liaises with consumers, operators and
service providers to ensure a level playing field in the
sector. CCK also assigns frequencies to all licensed
telecommunications operators as well as broadcasters
utilizing wireless technologies in the provision of their
services. 
CCK is the Watchdog of the consumer; making sure that
standards of quality are maintained in both service and
equipment provided. It ensures public service obligations
are carried out while, at the same time, guaranteeing the
protection of both consumer and investor interest. 
CCK is guided by policy goal to ensure that by 2015,
telephone services are provided nationally under a
Universal Service Obligation scheme. This will result in
service penetration improving from the present 0.16 lines
to 1 line per 100 people in the rural areas, and from 4
lines to 20 lines per 100 people in the urban areas. 
In the area of postal services, CCK provides the
competitive spur to realign prices, improve service
quality, and enable the postal operators to compete in an
increasingly global market and against new electronic
technologies. 
CCK is committed to ensuring there is quality choice in the
info-communications through effective licensing and
regulation.
This responsibility translates to the following functions: • Licensing (telecoms and postal/courier) operators • Regulating tariffs for monopoly areas • Establishing interconnection principles • Type-approving communications equipment • Managing the radio frequency spectrum • Formulating telecommunication numbering schemes and
assigning them to network operators; and • Implementing Universal Service Obligation for both postal
and telecommunication services.
<<http://www.cck.go.ke/role_of_cck/>>
~~~~~~~~
2. From the Tanzanian Regulatory Authority
About TCRA   The Tanzania Communications Regulatory Authority (TCRA),
established by the TCRA Act no. 12 of 2003 is an
independent Authority for the Postal, Broadcasting and
Electronic communications industries in the United Republic
of Tanzania. It merged the former Tanzania Communications Commission and the Tanzania Broadcasting Commission. Its
role include licensing and regulating the Postal services,
Broadcasting services and Electronic Communications sectors
in the United Republic of Tanzania. 
TCRA became operational on 1 st November, 2003 and has
effectively taken over the functions of the two defunct
commissions.  Specifically the Authority is responsible for
enhancing the welfare of Tanzanians through: • Promotion of effective competition and economic
efficiency;
• Protecting the interests of consumers; • Promoting the availability of regulated services; • Licensing and enforcing licence conditions of
broadcasting, postal and Telecommunications operators • Establishing standards for regulated goods and services • Regulating rates and charges (tariffs); • Managing the radio frequency spectrum; • Monitoring the performance of the regulated sectors. <http://www.tcra.go.tz/about/profile.php>

3. From Malaysia.

….the Malaysian Communications and Multimedia Commission is
to implement and promote the Government's national policy
objectives for the communications and multimedia sector.
The Malaysian Communications and Multimedia Commission is
also charged with overseeing the new regulatory framework
for the converging industries of telecommunications,
broadcasting and on-line activities. 
Economic regulation, which includes the promotion of
competition and prohibition of anti-competitive conduct, as
well as the development and enforcement of access codes and
standards. It also includes licensing, enforcement of
license conditions for network and application providers
and ensuring compliance to rules and performance/service
quality. 
Technical regulation, includes efficient frequency spectrum
assignment, the development and enforcement of technical
codes and standards, and the administration of numbering
and electronic addressing. 
Consumer protection, which emphasises the empowerment of
consumers while at the same time ensures adequate
protection measures in areas such as dispute resolution,
affordability of services and service availability. 
Social regulation which includes the twin areas of content
development as well as content regulation; the latter
includes the prohibition of offensive content as well as
public education on content-related issues.


Ends.




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Eric M.K Osiakwan
Executive Secretary
AfrISPA (www.afrispa.org)
Tel: + 233.21.258800 ext 2031
Fax: + 233.21.258811
Cell: + 233.244.386792
Handle: eosiakwan
Snail Mail: Pmb 208, Accra-North
Office: BusyInternet - 42 Ring Road Central, Accra-North
Blog: http://blogs.law.harvard.edu/eric/
Slang: "Tomorrow Now"