21 June 2012 Libreville, Gabon Sofie Maddens-Toscano ITU Expert

1. Day 2: Country Case Studies Ghana 21 June 2012 Libreville, Gabon Sofie Maddens-Toscano ITU Expert

2. Legal Mandate and Institutional Framework • Legal Mandate: clear legal mandate in the law to support or address the concept of Universal Access and Service (UAS) • Electronic Communications Act, 2008 (ECA) • Art 23. (1) The Authority shall determine the public telecommunications services in respect of which the requirement of universal service shall apply, taking into account the needs of the public, affordability of the service and advances in technologies. • National Communications Authority Act 769 Act, 2008 (NCA) • Art 3 (s) – Functions of the Authority – to support the implementation of the Universal Access Policy, • Art. 29 (e) The Minister may, on the advice of the Board by legislative instrument make Regulations to provide procedures for the implementation of a system of universal service provision including the quality of service standards;

3. Legal Mandate and Institutional Framework • Good Governance: law provides for transparency, independence of UAS Agency, stakeholder consultation concerning definition, periodic review of Universal Access and Service targets and obligations • ECA • Art. 31. - There is established a Fund known as the Ghana Investment Fund for Electronic Communications • Art. 34. (1) The Fund shall be administered and managed by a Board of Trustees that comprises …a chairperson, the administrator of the Fund, a representative of the National Communications Authority, a member of the Parliamentary Select Committee on Communications , a representative of the Ministry of Communications , and five representatives elected by the Industry Forum. • Art. 41. The Minister may give directives to the Trustees on matters of policy and the Trustees shall comply. • 46. (1) Projects for which moneys from the Fund are disbursed shall satisfy the criteria laid out in the order of priority. (2) The order of priority for support by the Fund is as follows: (a) projects that are established to provide basic telephony service to rural areas; (b) projects for the establishment of access to value-added services including introduction of internet points-of-presence in a district; and (c) other projects that the Minister may designate as priority projects.

4. Legal Mandate and Institutional Framework • Policy Co-ordination: law provides for co-ordination of policies at national level (UAS and ICT4D, ICT4E, national poverty reduction strategies, MDGs, cyber strategies, etc.) • ECA • Art. 45 (5) Where there are differences between the established procedures of the Trustees and those proposed by a donor or development partner, appropriate measures may be taken to ensure that the primary goals are maintained. • Art. 29. (1) There is established under this Act, an Industry Forum which is a platform that periodically brings the industry together to discuss matters of common interest to the industry. • National Telecommunications Policy, 2004 – need for consistency between telecommunications policy and ICT Policy

5. Legal Mandate and Institutional Framework • Range of Services: Internet, broadband and broadcasting services in addition to fixed and mobile voice services • ECA • Art. 32. The object of the Fund is to (a) provide financial resources for the establishment of universal service and access for all communities, and (b) facilitate the provision of basic telephony, internet service, multimedia service, broadband and broadcasting services to these communities. • Art. 23. (1) The Authority shall determine the public telecommunications services in respect of which the requirement of universal service shall apply, taking into account the needs of the public, affordability of the service and advances in technologies. ; (2) Universal service includes, at a minimum, a high quality public telephone service, that offers (a) a free telephone directory for subscribers of the service, (b) operator assisted information service, (c) free access to emergency number information, (d) telecommunications services, and (e) provision of services that enable persons with disability to make and receive calls. • Art. 24. (1) Universal access includes (a) access, through broad geographic coverage, to community- based broadband information and communication services that include voice, data services, access to the internet, local relevant content, community radio and Government services, that are affordable and of high quality, (b) signal coverage of mobile and broadcast networks throughout remote regions, and (c) access to the services in paragraphs (a) and (b) by kindergarten, first and second cycle institutions, community colleges, universities, community health facilities, hospitals, telecentresand any other public or private community centres.

6. Legal Mandate and Institutional Framework • Consultation: the legal mandate clearly directs the ministry to develop a UAS Policy after consultation with relevant stakeholders • ECA • Art. 45 (5) Where there are differences between the established procedures of the Trustees and those proposed by a donor or development partner, appropriate measures may be taken to ensure that the primary goals are maintained. • Art. 29. (1) There is established under this Act, an Industry Forum which is a platform that periodically brings the industry together to discuss matters of common interest to the industry.

7. Legal Mandate and Institutional Framework • Accountability: The law clearly mandates the regulator or identifies a designated agency for the implementation of the UAS Policy and clearly specifies its mandate • ECA • Art 23 (3) The Authority shall determine (a) the manner in which a public telecommunications service is provided and funded in order to meet the requirements of universal service, and (b) the obligations,' if any, of the providers and users of the service. • Art. 31. - There is established a Fund known as the Ghana Investment Fund for Electronic Communications • Art 32 - The object of the Fund is to (a) provide financial resources for the establishment of universal service and access for all communities, and (b) facilitate the provision of basic telephony, internet service, multimedia service, broadband and broadcasting services 'to these communities.

8. Objectives, Principles and Scope • UAS Goals: clear definition in the law or other national policy document • National Telecoms Policy sets goal of available, high quality and affordable access to all citizens

9. Objectives, Principles and Scope • Access vs Service: a clear distinction is drawn • ECA clearly differs between both – see Art. 101: • "universal access" means any community based services which the Authority, in accordance with this Act, determines shall be provided; "universal service" means any public electronic communications service which the Authority, in accordance with this Act, determines the requirements of universal service shall apply;

10. Objectives, Principles and Scope • Service Targets: a clear definition is given of specific ICT services and ICT applications that must be provided and to whom they must be provided; • Art. 23. (1) The Authority shall determine the public telecommunications services in respect of which the requirement of universal service shall apply, taking into account the needs of the public, affordability of the service and advances in technologies. ; (2) Universal service includes, at a minimum, a high quality public telephone service, that offers (a) a free telephone directory for subscribers of the service, (b) operator assisted information service, (c) free access to emergency number information, (d) telecommunications services, and (e) provision of services that enable persons with disability to make and receive calls. • Art. 24. (1) Universal access includes (a) access, through broad geographic coverage, to community- based broadband information and communication services that include voice, data services, access to the internet, local relevant content, community radio and Government services, that are affordable and of high quality, (b) signal coverage of mobile and broadcast networks throughout remote regions, and (c) access to the services in paragraphs (a) and (b) by kindergarten, first and second cycle institutions, community colleges, universities, community health facilities, hospitals, telecentres and any other public or private community centres.

11. Objectives, Principles and Scope • Range of Services: services beyond fixed and mobile voice are included, which could include Internet, broadband and broadcasting – see previous slide • Periodic Review: the periodic review of Universal Access and Service objectives, principles, scope, targets and obligations is provided for • ECA Art. 52 2() The Trustees shall advise the Minister on the most appropriate policy for rural communications development through the Authority. (3) The policy shall be reviewed at two year intervals to take into account technological changes and to ensure that its provisions remain relevant.

12. Variety of Strategies and Policies • USOs: coverage and roll-out obligations on designated licensees • n/a although ECA provides that in accordance with the policy established by the Minister, the Authority shall determine the manner in which universal service/access shall be provided

13. Variety of Strategies and Policies • Liberalisation: CPE, paging, ISPs, data communications, VANS, LLU, international gateways and undersea cables, and wholesale fibre • The National Telecommunications Policy provides for further market opening

14. Variety of Strategies and Policies • Strong Regulatory Framework: Flexible Spectrum Policy, Effective Competition Law/principles (control of dominance), Access and Interconnection (including local loop unbundling, asymmetric interconnection), Co-location and Infrastructure Sharing • NCA Mission – to regulate the communications industry by setting and enforcing high standards of competence and performance to enable it to contribute significantly and fairly to the nation’s prosperity through the provision of efficient and competitive services

15. Variety of Strategies and Policies • Funding: the definition of a range of UAS financing mechanisms, including the establishment of a Universal Service Fund; • Universal Service Fund • Tariffs for rural communication services – ECA Art 50. (1) The Trustees may make recommendations to the Authority as regards tariff rebalancing as well as initiation and termination costs in relation to rural communication services. • The Authority shall ensure that the principle of special inter- connect applies to agreements for the provision of rural telecommunications services. • Calls to rural areas shall not be priced higher as a result of a special interconnection agreement.

16. Variety of Strategies and Policies • Supply-side Innovation: a mix of complementary and innovative strategies to create incentives for private sector to extend ICT networks, including through community participation • Remember Art 23 and 24 • Demand-side Innovation: the establishment of a mix of complementary and innovative strategies to stimulate demand for access to ICT networks and services. • Remember Art 23 and 24

17. Monitoring, Enforcement and Sanctions • Key elements • Scope of USOs: who • ReviewProcess: well-defined and regularprocess of review; • Differentiation: criteria are clearly provided for in the law (e.g. dominance); • Publication of Obligations • Monitoring: agency monitors progress

18. Monitoring, Enforcement and Sanctions • Monitoring of subsidised projects • ECA - Art. 51. • (1) Projects that are subsidised by the Fund shall be independently monitored and evaluated on an on-going basis to ensure that universal access targets are met. • (2) A project subsidised by the Fund shall have reporting requirements

19. Financing of UAS • Range of Mechanisms • Funding Criteria • targeted and determined • transparent, non-discriminatory, inexpensive, and competitively neutral

20. Financing of UAS • Disbursement from the Fund • ECA Art. 45. (1) Disbursements from the Fund shall be solely in the form ofstart-up funds to provide basic communications and internet services in rural areas and shall mainly take the form of non-commercial but competitive grants. • (2) The disbursement of funds (a) for public telephony projects shall be by open tender, (b) for internet point-of-presence and training contracts shall be by open tender, (c) for applications related to rural areas, which do not have services and are seeking amounts less than the cedi equivalent of US$50,OOO shall be by direct disbursements. • (3) The Trustees shall ensure that disbursement are in accordance with approved programmes and order of priority of the Fund. • (4) The operational expenses including administrative expenses, salaries and other expenses incidental to the operation of the Fund shall be charged to the Fund.

21. Funds • USF: the law provides for the establishment of a Fund, where one is required, and this decision is linked to a process of analysis of the market realities and consultation of stakeholders; • Accountability: the law clearly identifies who is responsible and ensures independence • See previous Slides – ECA creates Fund and clearly establishes management mechanism

22. Funds • Financing of USF: all operators, paid at reasonable intervals, supplemented by alternative and collateral contributions; • ECA Art. 23 - (4) The Authority may require providers of private electronic communications services, closed user group services and value added services, and the users of these services and of any other electronic communications services to contribute to the funding of universal service with the approval of the Minister. • ECA Art. 33. - The sources of money for the Fund are (a) contributions from operators and service providers as stipulated in their respective licences, or authorisations, (b) moneys provided by Parliament to the Fund, (c) moneys that may accrue to the Fund from investments made by the Trustees of the Fund, (d) donations, grants and gifts, and (e) any other money that may become lawfully payable to the Fund.

23. Funds • Project identification: the expenditure of funds prioritises public access points, telecentres, SMMEs, co-operatives or other projects – subject to a carefully-researched needs analysis; • ECA Art 45 - 45. (1) Disbursements from the Fund shall be solely in the form ofstart-up funds to provide basic communications and internet services in rural areas and shall mainly take the form of non-commercial but competitive grants. • Art. 46. (2) The order of priority for support by the Fund is as follows: • (a) projects that are established to provide basic telephony service to rural areas; • (b) projects for the establishment of access to value-added services including introduction of internet points-of-presence in a district; and • (c) other projects that the Minister may designate as priority projects.

24. Funds • Project Selection: Competitive least subsidy bidding is used as the basis for selecting individual projects. • ECA Art. 45 - (2) The disbursement of funds (a) for public telephony projects shall be by open tender, (b) for internet point-of-presence and training contracts shall be by open tender, (c) for applications related to rural areas, which do not have services and are seeking amounts less than the cedi equivalent of US$50,OOO shall be by direct disbursements

25. QoS • QoS requirements: include clearly specified QoS components (supply of services, customer complaints and redress, faults, service quality, provision of designated USO services including free emergency calls, billing) • n/a • QoS Monitoring: regular and independent assessment, and the results made publicly available; • n/a

26. QoS • Range of Services: QoS benchmarks are established in respect of all relevant services • n/a • QoS Review: QoS components and benchmarks are regularly reviewed through a process of public stakeholder consultation • n/a

27. Consumer Policy Charters: consumer protection requirements (e.g. customer service charters) are specified, publicised and binding; Channels: channels for consumer complaints are clearly specified, rest with the operator in the first instance, and include escalation procedures;

28. Consumer Policy (2) Information: operators are required to inform their customers of the rights as customers and consumers and of channels for complaints and escalation; Surveys: consumers are regularly surveyed in relation to QoS and complaints issues and level of satisfaction with operators and their services, and the results made publicly available;

29. Consumer Policy (3) Scope: consumer protection requirements exist in respect of all relevant services (fixed, mobile, Internet, broadband, broadcasting); Review: consumer protection criteria and requirements are subject to regular review with stakeholder participation.

30. Consumer Policy • ECA • Art. 26 • (1) The Authority shall periodically ascertain public opinion on the performance of service providers and network operators. • (2) The Authority shall (a) publish the results of research that it carriers out or that is carried out on its behalf on its website and in any other manner that it considers appropriate to bring the results to the attention of the public, and (b) take account of the results of the research in performing its functions. • Art. 27 • (1) The Authority shall establish and maintain effective arrangements for consultation with consumers on the performance of its functions. • (2) The Authority shall create a mechanism for dealing with com-plaints or concerns of consumers of telecommunication services and shall bring the complaints or concerns to the attention of network operators and service providers. • Art. 28 • (1) The Authority shall, prepare a Consumer Code on its own or in conjunction with the Industry Forum which shall include procedures for (a) reasonably meeting consumer requirements, (b) the handling of customer complaints and disputes and for the compensation of customers in case of a breach of the Consumer Code, and (c) the protection of consumer information. • (2) The Consumer Code may provide for (a) the provision of information to customers on services, rates and performance, (b) the provision of technical support to customers and repair of faults, (c) advertisement of services, and (d) customer charging, billing, collection and credit practices. • (3) The Consumer Code shall be published on the website of the Authority.

31. Thank You! Sofie Maddens-Toscano Managing Director Pygma Consulting International LLC Email: smaddens@pygmaconsulting.com Web: www.pygmaconsulting.com