HIPSSA Project

1. HIPSSA Project Support for Harmonization of the ICT Policies in Sub-Sahara Africa DAY 2: COUNTRY CASE STUDIES THE GAMBIA

2. Day 2: Country Case Studies Gambia 22 June 2012 Libreville, Gabon Mandla Msimang – ITU Expert ITU Expert

3. Legal Mandate: clear legal mandate in the law to support or address the concept of Universal Access and Service (UAS) • 2009 Information and Communications Act - universal access a key issue , i.e. “bringing access to the more remote areas of the country and those under served in urban areas”. • The Secretary of State must develop a universal service policy in consultation with the Department of State and the Authority and submit it to the Government for approval (section 7); • Department fo state must draft a US policy • “Fund” means the Universal Service Fund that may be established under section 117 Legal Mandate and Institutional Framework (1)

4. Good governance -- Where a Fund is established, a Board of Trustees shall be established which shall manage and control the Fund, and comprise- • the Permanent Secretary of the Department of State; • a representative from the National Planning Commission; • the Director General of the Authority; • one member of the Board of the Authority; • a representative of consumers; • a representative of service providers; and • two other private sector representatives to be appointed by the Secretary of State, on the recommendation of the Authority. • The functions of the Fund Board shall be defined in regulations; the accounts of the Fund shall be audited by the Auditor General Legal Mandate and Institutional Framework (2)

5. Policy Co-ordination: The law/legal mandate provides for coordination of policies at national level (UAS is coordinated with ICT4D, ICT4E, national poverty reduction strategies, MDG, cyber strategies, etc.) • Cooperation in the management of universal access or service shall be explored on several levels- (a) between the private sector and communities, so that where possible; the market can deliver universal access or service; (b) between communities, Government and the private sector, to ensure that the access gap is dealt with in a manner that is relevant to communities; and (c) within Government, to realize full benefits of information and communications beyond infrastructure and technology, and extended to health, education, agriculture and other sectors . Legal Mandate and Institutional Framework (3)

6. Range of Services:… Internet, broadband and broadcasting services in addition to fixed and mobile voice services “information and communications network or system” means transmission systems and, where applicable, switching or routing equipment and other resources which permit the conveyance of signals by wire, by radio, by optical or by other electro-magnetic means, including satellite networks, fixed (circuit and packetswitched, including internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed” Section 58 of the Act addresses the “Evolution of the regulatory framework to promote the development of the internet” Section 117. (1) provides that “The Secretary of State may establish a Fund to fund projects to provide telephone, internet and associated services to areas which, for some reasons, are not attractive to private sector investors”. Legal Mandate and Institutional Framework (4)

7. Consultation: The law/legal mandate clearly directs the ministry to develop a UAS Policy after consultation with relevant stakeholders • The Secretary of State mustdevelop a universal service policy in consultation with the Department of State and the Authority and submit it to the Government for approval (section 7); • Department fo state must draft the US policy Legal Mandate and Institutional Framework (5)

8. Accountability: The law clearly mandates the regulator or identifies a designated agency for the implementation of the UAS Policy and clearly specifies its mandate • The Secretary of State may establish a Fund to fund projects and where it does (Part XI)… • Composition • Secretariat • Fund Manager Legal Mandate and Institutional Framework (6)

9. UAS Goals: Basic definition of US and US Areas… • “universal service” means a defined minimum set of services of specified quality which is available to all users independent of their geographical location, and in the light of specific national conditions, at an affordable price; • “universal access obligation” means the obligation to- (a) provide basic telephone services for social reason at an affordable price or free of charge to statutorily designated persons pursuant to rules and regulations made by the Authority; or (b) contribute to the Fund; • No definition of “Universal access” Objectives, Principles and Scope (1)

10. Section 115 – • With a view to monitoring and reviewing policies, the Authority shall- (a) adopt measurable targets for improving connectivity and access to information and communications which can be based on distance, population density or length of time needed to have access to information and communications Objectives, Principles and Scope (2)

11. Range of Services: Services beyond fixed and mobile voice (Internet / broadband / broadcasting) are included • Section 117. (1) provides that : “The Secretary of State may establish a Fund to fund projects to provide telephone, internet and associated services to areas which, for some reasons, are not attractive to private sector investors”. Objectives, Principles and Scope (3)

12. Periodic Review: Periodic review of Universal Access and Service objectives, principles, scope, targets and obligations is provided for • hold periodic reviews of universal access and service policies, regulations and practices in order to adapt to the evolving nature of information and communications services and end-user needs. • The Authority shall periodically review the scope of the universal service, in particular with a view to making proposals for its modification or redefinition. • The first review shall be held not later than two years following the date of entry into force of the Act, and thereafter a review shall be held every three years • The review shall take account of social, economic • and technological developments Objectives, Principles and Scope (4)

13. USOs: • The Authority shall determine the most effective and appropriate approach for ensuring the implementation of universal access or service…. public interest. • Obligations can include: • Payment to the Fund • Provision of systems or services at lower than tariff or normal rates • Any other form designated by the Authority Variety of Strategies and Policies (1)

14. Liberalisation: • Market reform is a premise of the legilsation • The Act states that the rights and obligations of all operators have been defined in the context of the liberalisation of the sector • Licensing • Unbundling • Competition • etc Variety of Strategies and Policies (2)

15. Strong Regulatory Framework: • Flexible Spectrum Policy, Effective Competition Law/principles (control of dominance), Access and Interconnection (including unbundling, Infrastructure Sharing • An established regulator • Pro-competition approach • Possibility of the establishment of a Fun • Multisector and Converged regime Variety of Strategies and Policies (3)

16. Funding: • Funding and subsidies shall be targeted…determined and delivered in a manner that is transparent, non-discriminatory, inexpensive and competitively neutral. • S 116 provides for funding via • a universal service fund, • a full range of other financing mechanisms; • competitive minimum subsidy auctions which may be used, as an option, to reduce the amount of financing necessary for public access projects financed by a universal service fund; and • public access projects, which can be designed to achieve long-term financial self sustainability, especially where consideration is given to innovative low-cost technologies. Variety of Strategies and Policies (4)

17. Supply-side Innovation: • provisions that allow for interconnection and access provisions to be included in licences, and to regulate tariffs. • Much of the funding undertaken by the Fun is intended to increase the supply of networks and services. • Converged licensing regime has also helped to increase the supply of ICT networks and services, • Demand-side Innovation: • No specific demand-side innovation strategies are provided for in terms of the legislation. Variety of Strategies and Policies (5)

18. Review Process: • The Authority shall- • adopt measurable targets for improving connectivity and access to information and communications which can be based on distance, population density or length of time needed to have access to information and communications; and • hold periodic reviews of UAS policies, regulations and practices in order to adapt to the evolving nature of information and communications services and end-user needs. • The first review shall be held with 2 years of the Act, and thereafter a review shall be held every 3 years. • The review shall take account of social, economic and technological developments, and particular regard to data mobility and transfer rates for the technologies most widely used by the majority of subscribers. Monitoring, Enforcement and Sanctions (1)

19. Differentiation: • The Authority may designate one or more licensees as universal service provider. The process for designating universal service providers shall be efficient, objective, transparent and non-discriminatory, ensuring that no undertaking is excluded a priori from being designated, and may include tenders. • Publication of Obligations • No special mention of USO publication Monitoring, Enforcement and Sanctions (2)

20. Monitoring: • Review is specifically provided for, initially after 2 years • Act makes no specific provision for penalties to be imposed if a universal service provider fails to meet the required targets. Monitoring, Enforcement and Sanctions (3)

21. Range of Mechanism • S 117. (1) The Secretary of State may establish a Fund to fund projects to provide telephone, internet and associated services to areas which, for some reasons, are not attractive to private sector investors. If established, the sources of the Fund shall consist of- • such levies from information and communications systems and services operators as the Authority may from time to time, specify; • grants, donations and endowments that • Funding Criteria • Non discrimentaion • Transarency • Fair processes Financing of UAS (1)

22. Sources of Funds • Where the Authority establishes, by directive, regulation or otherwise, a form of contribution to the goal of universal access, all the operators shall, unless specifically exempted by the Authority pursuant to detailed regulations, contribute uniformly in accordance with the formula or manne established by Authority for that purpose. • Can be funded through: • Such levies from information and communications systems and services operators as the Authority may from time to time, specify; • grants, donations and endowments that may be received within and outside The Gambia; • subventions from Government; and • such other monies as may, from time to time, accrue to the Fund. Financing of UAS (2)

23. QoS requirements: functions of the Fund Secretariat shall be defined in regulations to be made by the Secretary of State and shall include- enforcing standards of quality of service in rural and underserved areas set by the Fund Board; • QoS Monitoring: regular and independent assessment, and the results made publicly available; • There is no evidence that QoS compliance is regularly or independently assessed or the results published. QoS (1)

24. QoS Review: QoS components and benchmarks are regularly reviewed through a process of public stakeholder consultation • The Authority must measure some or all quality of service indicators; and audit the quality of service reports submitted by licensees • The regulator must assess biannual reports from the operators with statistics or empirical information that the authorized operator collects from its own measurement systems and the empirical data as explained in the quality of service indicators using formulas and calculation methods in accordance with those specifie in quality of service indicators guidelines QoS (2)

25. Charters: consumer protection requirements (e.g. customer service charters) are specified, publicised and binding; • The Authority must develop regulations on consumer protection Consumer Policy (1)

26. Scope: consumer protection requirements exist in respect of all relevant services (fixed, mobile, Internet, broadband, broadcasting); • Amongst the Authority’s functions is dealing with all questions relating to the protection of the interests of consumers, which include defining complaint processing procedures to be implemented by operators or service providers, managing a suitable system for receiving consumer complaints, the conduct of investigations concerning information and communications services, and submission of those complaints Consumer Policy (2)

27. Develop US/UA Policy • Conduct a market gap analysis • Make necessary regulations • Operational and Procedure Manual • Collect Funds/Operationalise Fund • Build capacity • Monitoring and Evaluation Possible Next Steps/Gaps Well developed legal and regulatory framework (on paper) …..

28. Mandla Msimang Managing Director Pygma Consulting, South Africa Email: mmsimang@pygmaconsulting.com Web: www.pygmaconsulting.com Thank You!