InternationalTelecommunicationUnion

HIPSSA ProjectHIPSSA Project

Support for Harmonization of the ICT Policies Support for Harmonization of the ICT Policies in Sub-Sahara Africa in Sub-Sahara Africa

An overview of the main challenges faced by the stakeholders: coastal countries, landlocked countries,

private operators, etc

Isabelle Gross – Balancing Act

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Table of contentsTable of contents

Introduction

Stakeholders at the regional and national level

Legal challenges: behind and ahead

The challenges of the application of the guidelines at the national level

The challenges for landlocked countries

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Introduction:

“I have little patience with scientists who take a board of wood, look for its thinnest part, and drill a great number of holes where drilling is easy.”

Albert Einstein

- not related to what we discuss today but what about “We have done a great job with this guidelines. So, let’s put in a drawer… …

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Who are the stakeholders at the regional level?

coastal countries with a landing station and access to international fibre capacity

landlocked countries without a landing station and access to international fibre capacity through a coastal country

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Who are the stakeholders at the national level? Ministry of ICT & regulator

National incumbent

Other telecoms operators (fixed and mobile)

Data services providers

Content and VAS service providers

Consumers (public and private)

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► Numerous stakeholders

► Various perspectives & interests

=Many challenges

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The legal challenges: behind and ahead

► The legal challenges behind:

- conductive regional legal framework to support the guidelines and its principles

* Supplementary Act A/SA/2/01/07 on access and interconnection of ICT sector networks and services

* Supplementary Act A/SA/1/01/07 on the harmonisation of the policies and regulatory framework of the ICT sector (Non-discrimination obligation (Article 3))

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The legal challenges: behind and ahead

► The legal challenges ahead:

- guidelines adopted as a regulation in Cote d’Ivoire in October 2011

- Regulations, enacted by the Council, “shall have general application’”. Their provisions shall be binding on the Community Institutions as well as in Member states where they are directly applicable.

- introduction of the guidelines in national law

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The challenges of the application of the guidelines at the national level

► Application of the guidelines or “business as usual”

- overcome the divergent economic interests of the various stakeholders (national incumbent versus ISPs and other telecoms operators)

- need for a detailed implementation programme (in particular the technical side in terms of physical access; co-location) with a timeline and deadlines

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The challenges of the application of the guidelines at the national level

► Application of the guidelines or “business as usual”

- need for a pricing control model

-strengthening of local expertise and capacity building

- monitoring and dispute resolution mechanism in order to be effective

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The challenges of the application of the guidelines at the national level

► Application of the guidelines or “business as usual”

Risks:

- 2 speed implementation process among ECOWAS countries

- knock back effect on landlocked countries

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The challenges for landlocked countries

► Guidelines doesn’t apply to landlocked countries

►Landlocked countries faced with high transit prices and little power of negotiations

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The challenges for landlocked countries

► Are there any other options or ways to extend the existing guidelines ?

► The notion of “virtual landing station” (the junction between two cross-border terrestrial cables)

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Thanks a lot for your Thanks a lot for your attentionattention

Union Internationale des Télécommunications International Telecommunication Union