WORKSHOP ON COMMUNICATIONS REGULATION IN SOMALIA

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1 WORKSHOP ON COMMUNICATIONS REGULATION IN SOMALIA World Bank Group Offices, Nairobi Presenter: Kelly Cameron, Cameron Telecom Law June 2 nd and 3 rd 2015

2 Communications Act Drafted at Request of MIPT in

3 Communications Act Drafted at Request of MIPT in Consultation in Hargeisa and Puntland

4 Communications Act Drafted at Request of MIPT in Consultation in Hargeisa and Puntland Discussed at Mogadishu Conference in February 2012

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7 Further discussion in Mogadishu Conference February 2013, under the FGS.

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11 Revised Draft Unanimously Approved by Council of Ministers May 2014 and Submitted to Parliament in June 2014

12 Revised Draft Unanimously Approved by Council of Ministers May 2014 and Submitted to Parliament in June 2014 Minister of Post and Telecom and Minister of Finance Supported the adoption of the Act

13 Revised Draft Unanimously Approved by Council of Ministers May 2014 and Submitted to Parliament in June 2014 Minister of Post and Telecom and Minister of Finance Supported the adoption of the Act Adoption of the Act was described as a Top Priority for Parliament

14 Revised Draft Unanimously Approved by Council of Ministers May 2014 and Submitted to Parliament in June 2014 Minister of Post and Telecom and Minister of Finance Supported the adoption of the Act Adoption of the Act was described as a Top Priority for Parliament First Reading October 2014

15 Communications Act Consistent with International Best Practices Establishes Independent Converged Regulator Transparent Procedures Regulator is Accountable These Principles Common in USA, Europe and around the World Nigerian Communications Act was a Principal Source

16 Act Takes Light-Handed Regulatory Approach Recognizes Level of Competition in Market Seeks To Conserve Regulator s Limited Resources Act Gives Regulator Tools Needed To Regulate Telecom and Broadcasting in the Public Interest Act Also Protects Rights of Telecom Operators and Consumers

17 Many Federal Republics Have Telecom and Broadcast Regulators In Almost All Cases, Regulator is at Federal Level Spectrum Regulation and Licensing Should Be Nationwide No Need To Duplicate Regulatory Expertise

18 Converged Regulator Licenses and Regulates Both Telecom and Broadcasting Does Not Regulate Broadcast or Media Content Convergence is Consistent with Trend in Many Developed and Developing Countries Recognizes Overlap Between Telecom and Broadcasting Conserves Resources Only One Regulatory Body Established, Not Two

19 Key Attributes of the National Communication Commission Independence Transparency Accountability

20 National Communication Commission (NCC) Independent Legal Entity May Enter into Contracts May Acquire and Hold Property Manages Own Finances Not Accountable to Any Ministry Not a Member of the Council of Ministers Commissioners Cannot Be Fired

21 Public Consultation Process Public Consultation Must Be Transparent NCC Must Give Public Adequate Notice of Proposal To Adopt or Change Rule To Enforce Any Regulation To Implement Any Provision of the Act

22 Public Consultation Must Be Transparent NCC Must Give Public Reasonable Opportunity To Comment on Any Proposed Action Public Includes Both Natural and Juridical Persons (Companies) Comments Usually in Writing but Can Be Oral

23 NCC Must Issue Written Decisions Explaining Reasons for Its Actions Decision Must Be Based On Information Before the Commission, Including Public Comments Must Explain Reasons for Action in Reasonable Detail

24 Appeals Any Person Aggrieved May Ask Commission To Review Original Decision May Also Take Appeal to Independent, Three- Person Appeals Board Established within NCC To Review Commission Actions

25 Spectrum Management Licensing (Telecom and Broadcasting) Telecommunications Regulation Interconnection Tariff Regulation Competition Access to Scarce Resources Universal Access

26 Broadcasting Spectrum Allocation Licensing Regulation, Including Complaint Resolution and Compliance with Agreed Code of Conduct NCC Will NOT Regulate Content Enforcement Consumer Protection

27 The Law Will Promote Further Competition in Telecom Increased Infrastructure Investment in Domestic and International Networks Reduced Prices Technical and Commercial Innovation

28 Regulator Will Protect Interests of Consumers Mandatory Interconnection Has Authority To Regulate Rates Provides Forum for Complaints Against Telecom Service Providers Allows Public Input on Regulatory Issues Has Authority To Establish Universal Access Program

29 Act Creates Legal Framework for Telecom Industry Will Create Legal Certainty for Investment in Telecom Networks Will Facilitate International Roaming Agreements Will Establish an Impartial Arbiter, NCC

30 Act Establishes a Transparent Regulatory Process Telecom Service Providers and Broadcasters Will Participate in Development of Regulations Telecom Service Providers and Broadcasters Will Have a Forum for Dispute Resolution

31 Act Ensures that Telecom Service Providers Can Interconnect Act Promotes and Protects Competition Regulator Will Manage Critical Resources Spectrum Numbering and Internet Domain Resources Regulator Will Be Accountable Decisions Subject to Review Process

32 Regulator Will Promote Infrastructure Investment and Introduction of Advanced Services Regulator Will Establish Universal Access Program, Allowing Build Out in Unserved Areas

33 Adoption of Communications Act Will Be Major Achievement for FGS Promotes Rule of Law in Somalia and Enhances Political Legitimacy of FGS Act Gives Government Clear Authority over Major Industry Allows FGS (and Independent Regulator) To Establish Policy for Telecom and Broadcasting Sectors

34 Act Provides Legal Basis for Assessing Licensing and other Fees on Telecom Service Providers To Recover Value of Public Assets Act Creates Authority To Conduct Spectrum Auctions Regulator Authorized To Establish and Manage Universal Access Program Regulator Will License and Oversee Broadcasters