We think you have liked this presentation. If you wish to download it, please recommend it to your friends in any social system. Share buttons are a little bit lower. Thank you!
Presentation is loading. Please wait.
Published byHector Rich
Modified about 1 year ago
© Copyright Ovum 2004 www.ovum.com The role of the BTA and competition law A presentation to the Stakeholders’ Forum on further liberalisation David Lewin 2nd February 2005
© Copyright Ovum 2004 2 Challenges for the BTA Challenges of full liberalisation ensure profit maximising industry co- operates in Government’s ICT policy resolve disputes between a growing number of players distinguish in a transparent way between markets which are competitive and those which require regulation issue more licences continue to empower and protect consumers Challenges of full liberalisation ensure profit maximising industry co- operates in Government’s ICT policy resolve disputes between a growing number of players distinguish in a transparent way between markets which are competitive and those which require regulation issue more licences continue to empower and protect consumers A changing role for the BTA. So important to: articulate the guiding principles which the BTA will follow focus efforts on the key functions required for effective competition
© Copyright Ovum 2004 3 Three possible principles to follow Continue to provide independent and predictable regulation: needed to attract the new investment required for further liberalisation to be successful ensure the amendment to the Telecommunications Act is interpreted in a way which does not deter outside investors transparent consultation and decision making processes are central to implementing this principle Implement proportionate measures: benefits of any regulation should outweigh the costs especially important in a small market like Botswana given: costs of regulation are largely fixed benefits often proportionate to the market size Forbear from regulation wherever possible: market mechanisms should determine supply conditions where possible focus regulation on correcting market failure rather than managing the market for particular outcomes follow infrastructure based competition policy in first three years of full liberalisation
© Copyright Ovum 2004 4 Key roles for the BTA - consumers and licensing Consumer protection and empowerment: continue to check service providers before licensing focus on informing consumers rather than restricting service providers do not regulate QoS for consumers but let them make an informed choice develop measures for VoIP - but keep them to a minimum Licensing: continue to check service providers before licensing move to a standard licence for service providers and individual licences for the three main incumbents rationalise the licence fee structure to avoid distorting competition
© Copyright Ovum 2004 5 Key roles for the BTA - price control Refrain from retail price controls where possible and let service providers experiment with prices and price structures to grow the market Develop an explicit and transparent process to decide where price control is needed At retail level impose price controls in markets which are not effectively competitive: on BTC’s basic national and local services on leased lines on most routes outside the Gaborone to Francistown corridor monitor retail prices in the mobile markets but no price control At the wholesale level regulate prices of non replicable bottleneck facilities and services: all call termination services BTC's wholesale leased line prices on low volume routes BTC’s (or Botswana International’s) international wholesale services in medium term
© Copyright Ovum 2004 6 Key roles for the BTA - other Effective and flexible spectrum management is of central importance to success of full liberalisation: microwave links, FWA, PMR, 3rd mobile beyond study terms of reference to make recommendations in this area Important for BTA to ensure that spectrum pricing study has right terms of reference Review infrastructure based competition policy: give it three years review progress and, if necessary, consider imposing service based measures on BTC eg carrier selection Collect, collate and publish more information on telecoms markets of Botswana to enable potential investors to evaluate decisions with confidence
Level 3The role of competition law © Copyright Ovum 2004 www.ovum.com
© Copyright Ovum 2004 8 Sector specific regulation and competition law Sector specific regulation Telecoms sector specific applied by the BTA Ex ante regulation Put in place to stop the possibility of a dominant operator acting in an anti competitive manner Competition law Applies to all industries Ex post regulation - remedies applied after anti competitive conduct has taken place Punitive fines act to deter anti competitive behaviour Applies only to dominant operators The two sets of regulations function in parallel So it is important to produce consistent outcomes The two sets of regulations function in parallel So it is important to produce consistent outcomes
© Copyright Ovum 2004 9 Use of competition law in telecoms - 1 Ex-ante regulation: BTA sets rule in advance to ensure effective competition in the industry Ex-post regulation: the competent authority rules on complaints that an operator with a dominant position in a market has engaged in anti-competitive behaviour Ex-ante regulation: BTA sets rule in advance to ensure effective competition in the industry Ex-post regulation: the competent authority rules on complaints that an operator with a dominant position in a market has engaged in anti-competitive behaviour Ministry of Trade and Industry is in process of enacting a competition law to: apply ex post competition regulation across all industries establish a national competition authority (NCA) So competition law and ex ante sector specific regulation will operate in parallel Who should resolve competition law disputes in the telecoms sector? How do the authorities concerned ensure consistent outcomes from the two processes?
© Copyright Ovum 2004 10 Use of competition law in telecoms - 2 Who should resolve competition law disputes in the telecoms sector - the BTA or the NCA? BTA would help ensure consistency of outcome between ex ante and ex post rulings and expert analysis of problems NCA would help ensure consistency of outcome across all industries and reduce danger of “cross contamination” of the two processes How do the authorities concerned ensure consistent outcomes from the two processes? need for common approach to definition of markets and assessment of dominance need for regular informal contacts between the two organisations We recommend that the NCA resolves competition law disputes with expert advice of the BTA: works in South Africa and Sweden support of BTC and Mascom We recommend that the BTA and NCA should develop a joint approach on working together We recommend that the NCA resolves competition law disputes with expert advice of the BTA: works in South Africa and Sweden support of BTC and Mascom We recommend that the BTA and NCA should develop a joint approach on working together
Level 3Thank you © Copyright Ovum 2004 www.ovum.com
BTA Seminar The benefits and costs of liberalisation : how to go about liberalisation in Africa Bill Wigglesworth Gaborone, 31 January 2005.
Tele2 5 March 2008 EPP-ED Public Hearing Mikael Grape.
Internet Policy Day 3 - Workshop Session No. 5 The impact of telecomms regulation Prepared for CTO by Link Centre, Witwatersrand University, South Africa.
Market reviews in Oftel Elaine Axby 31 October 2002.
0 Blending competition and regulation New Dehli, December 5, 2006 Benoit Loutrel, Director, Regulation of fixed and mobile markets Department AUTORITE.
Telecoms Services Sector in the Caribbean Derek Browne Information Technology Specialist CIF November 5, 2007.
DG Information Society 1 Liberalisation and regulation in Electronic Communications in the EU 2nd ICT Summit Istanbul, 3-6 September 2002 Hans-Peter Gebhardt.
An Investigation into the Optimum way Forward for the South African Telecommunications Industry By: Luke Hardman Supervisor: John Ebden 2 November 2004.
Regulatory Transparency and Efficiency in the Communications Industry in Australia Jennifer Bryant Office of Regulation Review Australia.
©Ofcom Review of the Framework Some issues under discussion by regulators Jim Niblett International Policy Director 22 December 2005.
Market Analysis under the New EU Regulatory Framework for Electronic Communications CLA European Conference 2005 Stockholm, October 27-28, 2005 Hogan &
31 January 2005 Claes Rosvall – 1 of 9 FURTHER LIBERALISATION OF THE TELECOMMUNICATIONS INDUSTRY IN BOTSWANA Claes Rosvall
1 National Electronic Commerce Strategies The Malaysian Experience Ho Siew Ching Ministry of International Trade and Industry Malaysia Expert Meeting on.
Empowerment and Protection of Consumers in ICT Market PRESENTED AT THE STAKEHOLDERS FORUM ON QUALITY OF SERVICE AND CONSUMER EXPERIENCE 23 RD – 25 TH NOVEMBER,
Regulators’ Code July Regulators’ Code A statutory Code Came into effect in April 2014, replacing the Regulators’ Compliance Code All local authorities.
Implementation of EU Electronic Communication Directives.
COMPETITION POLICY AND ECONOMIC DEVELOPMENT PRESENTATION AT CUTS-ARC CAPACITY BUILDING WORKSHOP, LUSAKA 7 TH MARCH, 2011 BY SAJEEV NAIR, COMPETITION POLICY.
TELECOMMUNICATIONS POLICY IN A RAPIDLY EVOLVING MARKET CTO conference on implementing the WSIS Action Plan, NAIROBI, th March,2004. Presented by.
Review of Legislative Framework for Electronic Communications A Mobile Perspective Rob Borthwick 4 February 2000.
Future of the UK mail market: regulatory perspective CWU Forum 9 February 2006 RICHARD MORIARTY POSTCOMM.
The Notification Procedure of national telecoms markets Pál Belényesi 27 October 2006.
Experience on Competition Law from Botswana Monnane M. Monnane Research Fellow.
©Ofcom EU Communications package : State of Implementation Kip Meek, Senior Partner, Content & Competition Brussels, 30 May 2005.
Non-Tariff Barriers in the Trade of Transport Services – Final Report TPT 02/2002T Steering Committee on More Competitive Transportation (including infrastructure)
Radio Frequency Spectrum Management in Indonesia - 3G/IMT 2000, TV Digital and other Wireless Activities And Issues - 3G/IMT 2000, TV Digital and other.
PRESENTED AT THE STAKEHOLDERS FORUM ON QUALITY OF SERVICE AND CONSUMER EXPERIENCE LAICO REGENCY HOTEL Creating Space for Consumer Rights in.
Research Needs and Outputs Telecommunications Policy and Regulation Presented by: Michelle Grell The Telecommunications Authority of Trinidad and Tobago.
Nov/Dec 2003ElectraNet BSP-2 Workshop (khb) 1 EU Telecoms Regulatory Status Governing Legislation Package 2002 Directive 2002/19/EC Access to, and interconnection.
ITS Biennal Conference September 4-7, 2004 Berlin 1 Power and discretion in independent regulation. The Portuguese case. João Confraria School of Economics.
1 Independent Communications Authority of South Africa Presentation to the Portfolio Committee of Communication on ICASA Strategic Plan and Budget 13 March.
DG Information Society PSC 1 The 1999 Communications Review Peter Scott DG Information Society Brussels EUROPEAN COMMISSION.
1 Competition Policy and Sectoral Regulation B y Dr. Cezley Sampson Head of Legal & Regulatory Practice CPCS Transcom CUTS 7UP4 Project Accra, Ghana June.
SUSTAINABLE ENERGY REGULATION AND POLICY-MAKING FOR AFRICA Module 5 Energy Regulation Module 5: STRUCTURE, COMPOSITION AND ROLE OF AN ENERGY REGULATOR.
Frontiers in Domestic Regulations Peter Hlapolosa GM:Telecommunication Services ICASA.
Regulatory Requirements for Broadband Lebanese Broadband Stakeholders’ Group Workshop TELECOMMUNICATIONS REGULATORY AUTHORIT Y (TRA), LEBANON January 2010.
1 COMMUNICATIONS REGULATION COMMISSION Republic of Bulgaria MOBILE BROADBAND EUROPE – BULGARIAN EXPERIENCE IN THE DEVELOPMENT OF THE MOBILE BROADBAND ACCESS.
Click to edit Master title style Digitalisation and Beyond: Media freedom in a new reality Professor Katrin Nyman-Metcalf Chair of Law and Technology.
Telecommunications market liberalisation Feliksas Dobrovolskis Deputy Director, Telecommunications Department RRT, Lithuanian Communications Regulatory.
Erkki Liikanen - Date The Challenges for the Mobile Sector The European Commission’s perspective Pearse O’Donohue European Commission DG INFSO.
Dispute Settlement Mechanism in Telecom Sector BSNL Dispute Settlement Mechanism in Telecom Sector A Management Perspective K.Sridhara,CGM,TN Telecom Circle.
The New EU Directives Oftel Forum 25/04/02 Heather Clayton.
Yvonne Davies Scrutiny & Empowerment Partners Value for Money – new requirements and challenges.
1 REDUCING TRADE BARRIERS THROUGH GOOD REGULATORY PRACTICE FOR STANDARDS AND TECHNICAL REQUIREMENTS by Anthony Kleitz Acting Deputy Director Trade Directorate,
Folie 1 Telecommunications Regulatory Policy Dr. Iris Henseler-Unger, Vice-President Regulierungsbehörde für Telekommunikation und Post ITS Conference.
1. 2 Competition Amendment Bill Parliamentary Portfolio Committee on Trade and Industry Public Hearings 29 July 2008 Smunda Mokoena, CEO, NERSA Ethèl.
Joint Initiative on Mutual Accountability: Cambodia, Lao PDR and Vietnam November 2009 Joint Initiative on Mutual Accountability: Cambodia, Lao PDR and.
3 rd Athens Process Forum /24, Sofia CEER WG SEEER – Regulatory Benchmarking Standards for SEE.
Presenter: Avita Singh Financial Analyst Public Utilities Commission Guyana.
1 Telecommunication Services & Latest Developments in Regulatory & Institutional Frameworks Session 1: Trends in Infrastructure Services UNCTAD, Palais.
1 Telecom Regulation and Competition Law in Canada American Bar Association -Telecom Antitrust Fundamentals II – Globalization and Telecom June 27, 2007.
© 2017 SlidePlayer.com Inc. All rights reserved.