To regulate or not to regulate? “Over The Top Services” in Namibia Emilia Nghikembua Head Legal Advice ICT Summit, 10 October 2016

Introduction The internet was recognised as an evolutionary innovation with potential to disrupt the traditional wat of transporting information. ITU adopted the definition of “Converged Next Generation Networks”. Enables unfetted access for users to networks and to competing service providers and/or services of their choice; and Supports generalised mobility which will allow consistent provision of services to users. (ITU,2001) NGN led to a converged ICT ecosystem in which all services are provided over a technologically neutral broadband internet network.

What are OTT’s? No legal definition An OTT provider can be defined as: a service provider offering ICT services but neither operates a network nor leases network capacity from a network operator. Instead, OTT providers rely on: the global internet and access network speeds to reach the user; hence going “over-the-top” of a telecom service provider’s (TSP’s) network

OTT riding “over the top” of the Network Operator Source TRAI, 2015

Factors leading to OTT Growth Source: Sujata,2015

Characteristics OTT’s utilise technologies that: Use Internet Protocols packet-switched connections Have traditionally been carried over the dedicated circuit-switched connections of the PSTN Services provided under the OTT umbrella: -Typically relate to media and communications - Generally free or lower in cost as compared to traditional methods of delivery.

Types of OTT’s The best known examples of OTT are Skype, Viber, WhatsApp, Chat On, Snapchat, Instagram, Kik, Google Talk, Hike, Line, WeChat, Tango, ecommerce sites (Amazon, Flipkart etc.),Ola, Facebook messenger, Black Berry Messenger, iMessage, online video games and movies (Netflix, Pandora). Source: https://www.google.com.na/search?q=ott+images&biw

What is the problem really ?

Regulatory Imbalances Source Detecon, 2014

Regulatory Imbalances Source:ITU,2015

Regulatory Imbalances Source: ITU,2015

Regulatory Imbalances Source: ITU,2015

Net Neutrality Eliminates any type of discrimination in transmission and access of content. Consumers will access content, applications and services: At same service quality , internet speed and price No priority or degradation based on content, application or service No laws or regulations to enforce Internet remains unrestricted!

Regulatory Reforms India United States of America Voice calling rates are low, mobile penetration is low at 20%, QoS of OTT services is lower suitable regulatory framework to define the basis for classification of OTT players United States of America Regulates VOIP (portability, calling records, universal service) Internet reclassified as a telecommunications services (FCC has the powers to regulate OTT players)

BUT does not include the internet – hence no OTT! Namibia Communications Act regulates the provision of telecommunications services by issuing the following class licences: Electronic communications network service Electronic communications service BUT does not include the internet – hence no OTT!

Response Strategies Source: Detecon,2014

Recommendations Should the OTT players offering communication services through applications be brought under the licensing regime? Is the growth of OTT impacting the traditional revenue stream of TSP’s ? Should the OTT players pay for the use of the TSP’s network over and above data charges paid by consumers?

Are there any imbalances in the regulatory environment and what should be the framework to address these issues? How should the security concerns be addressed with regard to OTT players providing communication services? What are should be our views on net-neutrality in the Namibia context?

Consider the implementation of cybersecurity and data protection laws Consider content regulations

OTT products and services: Conclusion OTT products and services: are a natural evolutionary consequence of the explosive growth of the internet; Modern innovations that take advantage of converged broadband networks ; and Are an integral part of the ICT ecosystem Therefore, regulators must enact frameworks that support the business cases of all the players in the ecosystem in order to achieve digitised economies!

Thank you