quite enriching indeed this research by IDRC. It seems to have spoken for the Consumer Societies/Assosciations. I never knew me as a consumer deserved such 'rights & privilages' as highlighted in your summary below. And yes, I do miss the input from Operators. Other than Jonathan (AccessKenya), it looks most have opted to watch events as they unfold. Mugambi (TKL) Kai(KDN) Michael J (Safaricom), Gerhard (Celtel), Sammy B(TESPOK) any contributions on these discussions? walu. --- eadera@idrc.or.ke wrote:
Interesting discussions.
I would like to enrich the discussions by sharing the results of an IDRC Research study aimed at understanding consumer issues in the ICT sector and practical ways in which they could be addressed. It's entitled "holding companies to account" - report attached, recommendations here below for quick reference. Anyone interested in the published hardcopy report or CD Rom, please let me know and we will be glad to share these with you (we have several copies).
Kenya is one of the case studies with an African overview included. Kenyan operators participated in the interim results sharing session. It was also shared with ARICEA regulators and very well received.
However one of the greatest challenges was getting complaint data from the operators for open analysis - key question - how can complaint data be declared public domain information? This would open a wide range of opportunities for accountability and redress.
Beyond making information available (even if you provide it directly to mobile phones), what practical avenues exist to redress complaints? Effective ways? What mechanisms would provide greater bargaining power for consumers?
IDRC is currently considering a follow-up action-oriented initiative that will engage with regulators and consumer bodies, where they exist, to explore some practical solutions to these issues. The demand has come from regulators in 5 countries following the ARICEA presentation.
It would be nice to hear contributions from operators and the regulator, they are missing in the discussions
Edith Adera
****** Recommendations:
Key issues from a consumer perspective: From all the evidence gathered for this study it is clear that three broad issues affect consumers adversely: price of service, quality of service and access to service. As operators become more established, regulators need to shift their emphasis from the industry part of their mandate to addressing the consumer interest more directly under each of these three headings. A key area for concern affecting large numbers of consumers is the lack of price competition in most African mobile markets.
A consumer framework law, regulation and codes of conduct: Where consumer and competition law exists, it is important to encourage the undertaking of test cases to demonstrate that these laws can operate and that the successful conclusion of test cases will help regulators support the consumer interest in their discussions with industry. Where it has not already occurred, regulators need to encourage competition (particularly in the services layer) to help address the issues of price and quality of service.
Complaint resolution: Where it does not already occur, regulators need to ensure that a Code of Conduct (covering the rights and responsibilities of consumers) is a condition of licence for operators, along with the obligation to publicise the existence of the Code of Conduct.
Regulators need to publicise their own complaints procedures effectively and gather data from complaints made that can influence policy and regulation. Where it does not already occur, the Consumer function within the regulator needs to be: properly resourced, managed at a senior level and have direct access to senior management.
The informed consumer the need for information to help choice: Serious consideration should be given regulatory enforcement of compulsory disclosure by the operators of accurate, comparable statistical information relating to the numbers and breakdown of customer complaints. While this is likely to be resisted by the companies concerned, and although careful formulation is necessary to ensure comparability and comprehensiveness, it would greatly incentivise customer responsiveness on the part of the companies. It would act as a powerful tool to promote consumer empowerment and freedom of choice.
If compulsory disclosure proves impossible to implement then regulators should themselves initiate independent surveys that identify levels of consumer satisfaction.
As with the example from India given in Box 4, regulators need to set a simple "basket" of performance indicators on which operators can be judged and the results from these studies should be published at least on an annual basis. On a slightly broader front, regulators need to be more proactive in educating consumers about market issues like underlying mobile prices and consumer broadband and contention ratios.
If information is central to making informed choices, regulators need to develop effective communications strategies to talk directly to consumers and (as is already happening in some countries) these need to take account of the levels of education and literacy amongst consumers.
The role of the regulator: Regulators need involve consumers in their work and ensure that their perspective is fed into their work. A number of different approaches are available to help bring this about. Regulators ought to seek to work closely with consumer bodies as a way of strengthening the consumer aspects of their mandates. Depending on the constitutional framework of the regulator, it may be possible to provide direct support for this kind of work. Particular emphasis might be given to supporting those complainants that lack the wealth and
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