ICT Regulatory Harmonization:A Comparative Study ofRegional Initiatives - December 2009
Table of contents
Executive Summary
CONTEXT
MAIN FINDINGS
Report
REGIONAL INITIATIVES FOR HARMONIZATION OF THE ICT LEGAL AND REGULATORYFRAMEWORK: LEGAL BASES, LEGAL FORM AND ENFORCEMENT
1 Regional integration organizations initiated regulatory harmonization
1.1 African Union (AU)
1.2 Economic Community of West African States (ECOWAS)
1.3 West African Economic and Monetary Union (UEMOA)
1.4 Economic Community of Central African States (ECCAS)
1.5 Central African Economic and Monetary Community (CEMAC)
1.6 East African Community (EAC)
1.7 Common Market of Eastern and Southern Africa (COMESA)
1.8 Southern African Development Community (SADC)
1.9 InterGovernemental Authority on Development (IGAD)
1.10 Indian Ocean Commission (IOC)
2 Regional ICT/Telecommunication regulators’ associations are key players inregulatory harmonization
2.1 Association of Regulators of Information and Communications for Eastern andSouthern Africa (ARICEA) of COMESA
2.2 African Telecommunication Regulators’ Assembly (ATRA)
2.3 Committee of Regulators (CRTEL) of UEMOA
2.4 Communication Regulators’ Association of Southern Africa (CRASA) for SADC
2.5 East Africa Regulatory, Postal and Telecommunications Organization (EARPTO)for EAC, now called East African Communications Organization (EACO)
2.6 Technical Committee for Regulation (CTR) of CEMAC
2.7 Telecommunication Regulators’ Association of Central Africa (ARTAC) forECCAS
2.8 West African Telecommunication Regulators’ Assembly (WATRA) for ECOWAS:
3 Regional courts as potential players in regulatory harmonization initiatives
3.1 AU Court of Justice
3.2 CEMAC Court of Justice
3.3 COMESA Court of justice
3.4 EAC Court of Justice
3.5 UEOMA Court of Justice
COMPARATIVE STUDY AND GAP ANALYSIS OF REGIONAL REGULATORY HARMONIZATIONINITIATIVES
1 Comparative study
1.1 Harmonization method (Table 1)
1.2 Harmonized content (Table 2)
2 Gap analysis
2.1 Harmonization method
2.2 Harmonization contents
3 Key differences and commonalities for harmonized contents
3.1 Licensing
3.2 Universal service and access
3.3 Scarce resources: frequencies and numbering
3.4 Interconnection
3.5 Cybersecurity
3.6 Consumer's protection
3.7 Competition
3.8 Pre-selection, sharing of infrastructures and roaming
SWOT ANALYSIS AND INTERNATIONAL COMPARISONS
1 Strengths, weaknesses, opportunities and threats analysis
1.1 African Union (AU)
1.2 Arab Maghreb Union (AMU)
1.3 Economic Community Of West African States (ECOWAS)
1.4 West African Economic and Monetary Union (UEMOA)
1.5 Economic Community of Central African States (ECCAS)
1.6 Economic and Monetary Community of Central Africa (CEMAC)
1.7 Common Market for Eastern and Southern Africa (COMESA)
1.8 East African Community (EAC)
1.9 Intergovernmental Authority for Development (IGAD)
1.10 Indian Ocean Commission (IOC)
1.11 Southern African Development Community (SADC)
2 Comparing African telecommunications harmonization initiatives withEuropean Union and United States respective harmonization process
2.1 Comparison with the European Union (EU)
2.2 Comparison with the United States (US)
EIGHT FORWARD LOOKING RECOMMENDATIONS
1 Adopting an overall strategy
2 Setting common principles in a pan-African binding instrument
3 Organizing consultation and consensus-building at all levels (pan-Africanlevel, regional and national level)
4 Setting common streamlined processes for each and every regionalorganizations
5 Setting an independent pan-African regulatory agency with enforcing powerstogether with a pan-African appeal mechanism
6 Reducing level of regulatory discretion at national and regional level
7 Increasing clarity and transparency with more detailed and binding rules
8 Developing pan-African competition law
Annexes
ANNEX 1 : LIST OF REGIONAL INITIATIVES FOR HARMONIZATION OF THE LEGAL ANDREGULATORY FRAMEWORK FOR ICT IN AFRICA
1 International Telecommunication Union (ITU)
2 African Union (AU)
3 Arab Maghreb Union (AMU)
4 Economic Community of West African States (ECOWAS)
5 West African Economic and Monetary Union (UEMOA)
6 Economic Community of Central African States (ECCAS)
7 Economic and Monetary Community of Central Africa (CEMAC)
8 Common Market for Eastern and Southern Africa (COMESA)
9 East African Community (EAC)
10 InterGovernmental Authority on Development (IGAD)
11 Indian Ocean Commission (IOC)
12 Southern Africa Development Community (SADC)
ANNEX 2 : LIST OF INITIALS AND ACRONYMS
CONTACTS