Page 156 - Trends in Telecommunication Reform 2016
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challenge due to a patchwork of geographically   the multiple issues to be reconciled.  It is also
               bound privacy regulations.                      clear that for the digital ecosystem to thrive,
                                                               all key stakeholders must pull together in order
                                                               to reap the benefits in a fast-evolving sector.
               5.3.9   Regulating in a multi-sectoral          The continuous identification, mapping and
               environment                                     engagement of stakeholders become important
                                                               because of the characteristically short time frames
               It is clear that ICT sector regulators cannot claim   within which to make gains and the cross-sectoral
               exclusive and total scrutiny and authority in an   scanning for stakeholders.
               environment that is fast converging and integrating
               to create a new landscape.  The reality is that   Due to the disruptive nature of the digital
               multiple agencies will need to address mutual   economy, ICT sector regulators often will be
               and overlapping issues.  They all will have to   presented with issues that, while pertinent, are
               offer their expertise and give greater visibility   not in their area of expertise.  The development
               and commitment to digital inclusion.  The       of m-banking, m-agriculture, m-health etc. means
               telecommunication sector regulator will need to   that the intimate interface between the ICT sector
               reach out to other regulators in collaboration and   and another, specialized sector can lead to dual
               partnership -- this is the new normal.          jurisdiction on some issues.


               5.3.9.1  The emergence of stakeholder diversity  5.3.9.2  Collaboration across sectors

               The m-service and app ecosystem works on        Regulators have adopted many approaches to
               different business models and is capable of     handle issues of shared jurisdiction.  Often, these
               attracting any number of users.  So, regulators   scenarios arise from innovative initiatives and
               should be careful to identify all the stakeholders   so may not have been anticipated or formally
               involved in any issue, on a case-by-case basis.    authorized.  For example, there was no formal
               The cross-sectoral effect of many of these issues   platform for collaboration between the CBK and
               will bring in a broad array of stakeholders and   the CCK during the M-Pesa deliberations in Kenya.
               “influencers,” ranging from midwives and teachers   The absence of a formal arrangement should not
               in rural areas (for m-health and m-education    deter best efforts to collaborate, particularly when
               services and apps) to hardware and software     the parties recognize an idea whose time has
               developers or city residents (for m-transport and   come.  Steps can be taken later to formalize the
               smart metering services and apps). The content   collaboration.
               and context of each m-service and app will attract
               a unique range of stakeholders as broad as the   In order to collaborate with a third party,
               capability of the service or app.  All of these   regulators must be clear about the powers they
               stakeholders will want to influence regulatory   have under the law, in order to determine the
               outcomes.                                       limits of that collaboration.  All parties should
                                                               be clear about their mutual strengths, which are
               Stakeholder engagement assumes a new            determined by their legal mandates, so they can
               prominence in a cross-sectoral environment.  The   be sure what their roles will be in conducting their
               ICT regulators need to create awareness in order   collaboration.  ICT regulators already have pursued
               to spark interest in commercial deployment of   collaborations with competition authorities and
               m-services and apps.  More than ever before,    financial regulators, and a lot more work with
               regulators must consult within a multi-stakeholder   other sectors is likely as m-services and apps
               framework and seek feedback, communicate        continue to permeate all areas of life.
               effectively and recognize the aspirations of
               stakeholders in order to foster the spread of   Going forward, regulators should commit
               m-services and apps.  Box 5.5 illustrates how a   proactively to seeking out opportunities to work
               broad range of stakeholders can be involved in   with each other.  Collaboration is not driven merely
               developing and using an m-health service.       by the need to facilitate an innovative idea, but
                                                               more structurally, to identify gaps or barriers to
               Emerging trends point toward more cross-sector   innovation and bridge them to benefit the whole
               collaboration and partnership in order to handle   digital ecosystem. The following sub-sections



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