Browsing by Subject "telecommunications"

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    Open Access
    Telecommunications law and regulation in Lesotho: a critical analysis
    (2007) Lebone, Likonelo; Hofman, Julien
    In 2000, the Lesotho telecommunications sector underwent a fundamental change in structure, from that of monopoly to one of competition. A new regulatory regime was introduced and a regulatory agency, the Lesotho Telecommunications Authority was established to promote telecommunications development and to safeguard competition. The 2000 legal framework supports competition but fails to adequately minimise the regulatory risk. The new regime also failed to facilitate improved or satisfactory sector performance. The Lesotho regulatory framework addresses most internationally recognised telecommunications regulatory issues, but most areas needs improvement if sector performance and investor perception is to be enhanced. Firstly, the Government must give the regulatory Authority functional independence. Secondly, the Authority must revisit various policy areas. For instance universal access policy and programmes that bring affordable services to the rural and urban populations alike must be developed and implemented; complimentary policies that encourage the use of the services and investment in the sector, like investment, consumer protection and competition policies must be adopted; alternative dispute resolution mechanisms, especially for disputes between the regulator and service providers must be introduced and preferred in the sector. The challenge is to bring telecommunication services to all communities including low-income families and communities in rural and mountainous areas. Thus whatever policies are adopted, universal access and improved sector performance should be a guiding goal which must be pursued rigorously.
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    Open Access
    The benefits of an having an independent telecommunications regulatory authority: a SADC perspective
    (2010) Chakauya, Christine Fadzai; Rens, Andrew
    The research paper has a fourfold goal in highlighting the role of an independent regulat9ry authority in the telecommunications sector. The backdrop of the analysis will be on the ability of the telecommunications regulator to maintain independence whilst at the same time diligently• carry out designated duties. Chapter one delves into the history of chosen case studies on Zimbabwe and South Africa focusing on their paths to privatization and individual impact that the independent regulator has had on the industry. The argument being, although they have similar origins as regards their background to telecommunications, the diverse environments in which the independent regulators operate are different. Therefore the intended results will inevitably vary individually. Assessment will be on the impact on telephony, particularly on cellular operators and not on broadcasting. Chapter 2 seeks to explore the importance of independence in the regulators office. An in-depth consideration the reasons affecting the ability to be independent will be highlighted. The chapter focuses on the importance of the role of the regulator taking into consideration the guidelines as recommended by the World Trade Organization. Bearing in mind the case studies have similar origins in telecommunicatiQns, the diverse environments in which the independent regulators operate are different. Therefore the intended results will inevitably vary individually. Chapter 3 analyses functions of the regulator and the frameworks adopted to achieve desired goals. Suggestions on prospective reforms of the institution of the independent regulators will be analysed, as a comparison of the chosen case studies. South Africa and Kenya will be used as comparisons, looking to how they have handled problematic issues such as interconnection which some developing nations are still coming to grips with. The diverse nature of the respective institutions would be effective in showing that where impartiality exists it contributes to the independence of the regulators. An in-depth consideration of commitments made to the World Trade Organisation will be tallied against individual performance in promoting competition on the market. The concluding chapter will look at possible solutions when it comes to tackling potential problematic issues, such as interconnection. An analysis of the telecommunications industries of the United States of America, Canada and Australia will be taken.