1. International Telecommunication Union HIPSSA Project Support for Harmonization of the ICT Policies in Sub-Sahara Africa An overview of the main challenges faced by the stakeholders: coastal countries, landlocked countries, private operators, etc Isabelle Gross – Balancing Act

2. 2 Table of contents Introduction Stakeholders at the regional and national level Legal challenges: behind and ahead The challenges of the application of the guidelines at the national level The challenges for landlocked countries

3. 3 Introduction: I have little patience with scientists who take a board of wood, look for its thinnest part, and drill a great number of holes where drilling is easy. Albert Einstein - not related to what we discuss today but what about We have done a great job with this guidelines. So, lets put in a drawer… …

4. 4 Who are the stakeholders at the regional level? coastal countries with a landing station and access to international fibre capacity landlocked countries without a landing station and access to international fibre capacity through a coastal country

5. 5 Who are the stakeholders at the national level? Ministry of ICT & regulator National incumbent Other telecoms operators (fixed and mobile) Data services providers Content and VAS service providers Consumers (public and private)

6. 6 Numerous stakeholders Various perspectives & interests = Many challenges

7. 7 The legal challenges: behind and ahead The legal challenges behind: - conductive regional legal framework to support the guidelines and its principles * Supplementary Act A/SA/2/01/07 on access and interconnection of ICT sector networks and services * Supplementary Act A/SA/1/01/07 on the harmonisation of the policies and regulatory framework of the ICT sector ( Non-discrimination obligation (Article 3))

8. 8 The legal challenges: behind and ahead The legal challenges ahead: - guidelines adopted as a regulation in Cote dIvoire in October 2011 - Regulations, enacted by the Council, shall have general application. Their provisions shall be binding on the Community Institutions as well as in Member states where they are directly applicable. - introduction of the guidelines in national law

9. 9 The challenges of the application of the guidelines at the national level Application of the guidelines or business as usual - overcome the divergent economic interests of the various stakeholders (national incumbent versus ISPs and other telecoms operators) - need for a detailed implementation programme (in particular the technical side in terms of physical access; co-location) with a timeline and deadlines

10. 10 The challenges of the application of the guidelines at the national level Application of the guidelines or business as usual - need for a pricing control model -strengthening of local expertise and capacity building - monitoring and dispute resolution mechanism in order to be effective

11. 11 The challenges of the application of the guidelines at the national level Application of the guidelines or business as usual Risks: - 2 speed implementation process among ECOWAS countries - knock back effect on landlocked countries

12. 12 The challenges for landlocked countries Guidelines doesnt apply to landlocked countries Landlocked countries faced with high transit prices and little power of negotiations

13. 13 The challenges for landlocked countries Are there any other options or ways to extend the existing guidelines ? The notion of virtual landing station (the junction between two cross-border terrestrial cables)

14. 14 Thanks a lot for your attention Union Internationale des Télécommunications International Telecommunication Union