Regional Forum for Europe Broadband: A Pillar of Social and Economic Development

1. Session Three: Executive Knowledge Exchange on Effective Regulation: A Key Enabler for Broadband Development Regional Forum for Europe Broadband: A Pillar of Social and Economic Development 6-7 September 2012 Sheraton Hotel, Tirana Sofie Maddens Toscano ITU Expert

2. “Well-articulated broadband strategies and plans are now needed to ensure that all citizens get to benefit from new applications, services and business that the broadband world helps bring into being” Brahima Sanou, Director of ITU’s Telecommunication Development Bureau

4. Reasons for Broadband Strategy • Strategies normally set the stage for policies, programs, projects and regulatory measures that implement any defined vision • Strategies are useful to send the right signal to investors about long-term investments opportunity • Strategies are useful to provide insight about how the legislative and regulatory environment might evolve over time • Strategies need to be flexible enough to evolve Source: ITU Regulatory Database

5. The Broadband Targets for 2015 • In 2011 the Broadband Commission for Digital Development set four clear, new targets for making broadband policy universal and for boosting affordability and broadband uptake: • Target 1: Making broadband policy universal. By 2015, all countries should have a national broadband plan or strategy or include broadband in their Universal Access / Service Definitions • Target 2: Making broadband affordable. By 2015, entry-level broadband services should be made affordable in developing countries through adequate regulation and market forces • Target 3: Connecting homes to broadband. By 2015, 40% of households in developing countries should have Internet access • Target 4: Getting people online. By 2015, Internet user penetration should reach 60% worldwide, 50% in developing countries and 15% in LDCs

6. International best practice shows that a solid national regulatory framework is seen as a key requirement to accelerate broadband roll-out and to stimulate the development of new digital goods and services What does this mean in effect? Why Regulatory Intervention?

7. Keyissues • Codification of institutional framework and of stakeholder coordination • Definition and implementation of key regulatory and policy issues related to: • broadband roll-out, stimulation and take-up • the surge in use of evolving online applications and services • environmental issues • financing of BB roll-out and take-up

8. Institutional Framework • Today there are 158 separate telecom/ICT regulators worldwide • Mandates of regulators have been expanded to include: • Information technology and broadcasting (broadcasting content - 18 %) • Electronic content, cybersecurity, data protection, and privacy (regulators in charge of cybersecurity - almost 40 %; regulation of Internet content - 16 %) • Environmental matters

10. Legal and Regulatory Issues • Licensing- General Authorization Regimes for Electronic Communications networks and services to facilitate market entry • Spectrum – flexibility and shared use to promote efficiency - in-band migration, spectrum sharing and spectrum trading. Digital dividend • Universal access and service strategy aimed at promoting investments in more remote areas which may include Broadband

11. Legal and Regulatory Issues • Regulatory decisions to foster competition and reduce prices in the telecom market, including market analysis, tariff regulations, mobile number portability • Access Measures including regulations on leased lines, active and passive infrastructure sharing, rights of way and local loop unbundling • The EC estimates that around 80% of the costs of deploying new infrastructure are civil engineering costs and these can be greatly reduced using town planning rules and regulatory remedies mandating access to passive infrastructures. Possible measures • Making the installation of new passive infrastructures and in-building wiring a requirement for planning authorisations. • Encouraging local authorities and regulators to make use of their powers to require the disclosure of the existence and condition of local access infrastructures from operators

12. Legal and Regulatory Issues • Laws which are essential to the development of the Information Society - data protection, e-signature, cybercrime, electronic commerce, and e-documents – p.s.: Internet content remains unregulated in 35 per cent of countries • Environmental issues – e-waste, “green” technologies • Social Media issues – regulatory mandate, local presence, public awareness, privacy and use

13. “As broadband delivers “smart” solutions for our modern lives, regulators and policy-makers must develop “smart” regulatory frameworks for a broadband world” Brahima Sanou, Director of ITU’s Telecommunication Development Bureau

14. Some Questions for Discussion • How does your National Broadband Plan address regulatory issues? • Does your institutional framework accommodate the promotion of broadband? • In terms of roll-out – who licenses, who is in charge of spectrum management? • What about stimulating innovation and demand creation? Do you promote school connectivity or connectivity to people with special needs? How have you done that? • What is the potential role of the regulator and regulation in general in promoting multi-sectoral approach for broadband development (health, education, e-business)? Is the regulator a facilitator?

15. Some Questions for Discussion • Have you made specific determinations to accommodate/promote Broadband? Are there any issues outstanding? • Spectrum Management – re-farming, digital transition, 4G – has this affected broadband roll-out? • What role the Universal Access/Service plays in your country in promotion broadband development? Might scope and financing mechanisms be amended? • Market Analysis and SMP obligations • Infrastructure Sharing • Rights of Way • LLU • Numbering • Tariffs

16. Thank you! Sofie Maddens Toscano ITU Expert Tel: + 1 240 401 4261 Email: jpsmt@verizon.net