AN APPRAISAL OF THE ROLE OF THE REGULATOR, TELECOS AND CONSUMERS IN FOSTERING TELECOMMUNICATIONS CONNECTIVITY IN NAMIBIA
- Source: Business Express
The Communications Act which is the enabling legislation, establishes the Communications Regulatory Authority of Namibian (CRAN). CRAN is mandated in terms of section 5 of the Act is to regulate the communications industry. It is one thing to enact a law or create a policy or regulation, but a completely different ball game to have workable approaches to implement the laws and policies or regulations. The disparity between a legal framework and its real application is what separates a legislative provision for connectivity from the actual supply of connectivity in telecommunications.
While the actual provision of connectivity refers to the services and physical infrastructure that give people access to the internet, a legislative provision is a rule or regulation that requires or permits connectivity. The two cannot exist in isolation. There’s a need for the law or regulation to guide the process, and the process thus depends on the empowering law or regulation to be effectively and meticulously followed or implemented.
What is the role of telecommunication law?
The main goals of telecommunications law is to safeguard consumer interests, maintain fair competition, and regulate the industry’s infrastructure, services, and access. These regulations seek to strike a balance between encouraging innovation and effective market operations and the requirement for easily available and reasonably priced communication. In order to ensure that network operators and service providers fulfl certain technical and fnancial standards, telecommunications laws frequently demand licensing. Additionally, in order to promote competition and avoid monopolies, they set guidelines for accessing already-existing infrastructure, like poles and ducts.
Furthermore, to ensure that the network operators and service providers fulfl certain technical and fnancial standards, telecommunications laws frequently demand licensing. In order to promote competition and avoid monopolies, they also set guidelines for accessing already-existing infrastructure, like poles and ducts. The installation of telecommunications infrastructure, such as fibre optic cables and mobile phone towers, is governed by regulations that address matters like aesthetics, public safety, and the environment.
Moreover, the laws pertaining to telecommunications forbid anti-competitive practices such as predatory pricing, price-fxing, and abusing market power. Interconnection agreements between several network providers are frequently required by law, allowing subscribers on different networks to communicate with ease.
In order to avoid the formation of monopolies or dominant players that could undermine competition, telecommunications laws may contain rules for examining and controlling mergers and acquisitions. Telecommunications regulations promote innovation and investment in new technologies and services by creating a competitive environment. By offering suitable regulatory frameworks, laws can be created to encourage the development and implementation of new technologies, such fbre optics and 5G. Telecommunications regulations essentially aim to achieve a balance between protecting the interests of consumers and society at large and promoting a competitive and innovative market while guaranteeing that necessary communication services are available and reasonably priced.
The Role of the (telecoms) regulator
The role of CRAN is to enact rules, including “exante” rules which are aimed at regulating the relevant sectors, both the telecommunications and broadcasting. CRAN therefore has the power to control the radio spectrum, postal, broadcasting, and telecommunications sectors. By creating proactive policies also referred to as the ex-ante rules, CRAN can effectively stop anti-competitive behaviour rather than only responding to. According to section 2 of the Communications Act 8 of 2009 as amended, CRAN has an objective to ensure fair competition and consumer protection in the telecommunications sector. Hence, if there is a need CRAN to continuously make regulations regarding the competitive behaviour in the telecoms sector.
Promoting telecom connectivity is greatly aided by telecommunications regulators such as CRAN in the Namibian context. Market competitiveness, infrastructure growth, and service availability are all impacted by the rules and regulations that the regulator sets for the telecom sector. Through policy direcitives from policy-makers, legislative enactments by parliament and regulations and guidelines passed by the regulator, the regulator can directly influence and faciliate the ease with which consumers can connect to networks and services to be economically and socially active. Aspects such as spectrum management and licensing are key aspects to consider when passing regulations and enactment of laws are concerned.
The Role of Telcos to foster connectivity
According to the teTecommunications Regulation Handbook, competition maximizes the benefts to society by: “Ensuring that resources, products, and services are allocated to the person or persons who value them the most (allocative effciency; Forcing market participants to use scarce resources as productively as possible (productive effciency); Encouraging market participants to innovate, and to invest in new technologies at the best time (dynamic effciency).”
Currently in Namibia we have predominantly two major Telcos, namely Telecom Namibia (TN) and Mobile Telecommunications Company. The question has always been where this does not result in a monoplistic situtation. Having limited Telcos in a country may deny clients from the affordable and effective telecommunications services due to the fact that there is no variety in such services. The country view however is that given Namibia’s population the entry of more Telcos may cut on the business and revenue of the existing Telcos. A proper study and analysis of this hypothesis is essentail.
Competition between Telcos (service providers) thus contribute to the consumers quest to quality services at affordable rates. Telcos are forced by competition to create innovative services and technology in order to stand out from their competitors. More features and alternatives for customers, as well as quicker internet speeds and more dependable connections, may result from this. For instance the 5G technologies, Cloud computing, Internet of Things (IoT) are some examples of innovative technologies and solutions which provide higher data rates and more capacity, have been rapidly deployed as a result of rivalry in mobile networks.
Furthermore, in order to draw subscribers, Telcos vying for clients frequently cut their costs or provide more alluring packages. More people, even those with lower means, may be able to utilise telecommunications services due to their increasing affordability. Price reductions can also increase demand for services, which will spur more growth and innovation.
Telcos may expand their networks to previously unreached regions, such as rural and isolated villages, as a result of competition. This can guarantee that more individuals have access to the advantages of connectivity and aid in closing the digital gap. Additionally, competition may spur the creation of novel approaches to providing connectivity to hard-to-reach locations.
Consumers role in connectivity
Customers may access the digital world from any location thanks to mobile technology, which makes it harder to distinguish between online and offline interactions. Because of this connectivity, customers may easily integrate both channels by researching things online and then buying them in physical stores (a practice known as “web-rooming”), or the other way around. Additionally, customers can utilise mobile devices to improve their in-store experiences by comparing pricing, obtaining product information, and even completing purchases. The demand for network expansion and improvements is driven by consumers’ adoption of new digital services and technologies, such as 5G.
The way forward
It is evident from the discussion in article, that both the regulator, telcos and consumers play a role in fostering connectivitity in the telecommunications sector. It is not suffcient to have laws and policies that govern the operations in the telecoms sector. Telecommunications regulations on connectivity should result in tangible, measurable improvements for consumers and the broader economy. Regulations should aim to foster competition, improve service quality, and expand access, ultimately leading to more affordable and reliable connectivity. It is futile if the laws and regulations provide for affordable connectivity services, yet the ordinary man on the streets are unable to afford such services. Once the ordinary man on the streets and those in rural areas have substantial and adequate access to connectivity, then only can be speak about affordable and adequate connectivity.
It is irrefragable that CRAN has made substantial strides in effectively regulating the telecommunications sector for the beneft of the society. This evident from the number of regulations it has created and its role in continuously dealing with consumer complaints particularly emanating from connectivity issues. This however does not mean that there is no further developments required. The regulator must continouously study the market and intervene through regulations and advising the Minister of ICT for further actioning if need be for the effective operations in the telecoms sector, both for the Telcos and their clients.
The licensees should continuously strive to provide affordable, cutting-edge technology and services to their clients. Telcos should thus uphold the principles of fair competition, effective service delivery and provide on the demands of their clients. Providing affordable and cutting-edge services should be a priority for the Telcos, without negating the fact that their business operations and profitability is adversily affected.
The effective functioning of the telecommunications sector will lead towards socio-economical development for all Namibians and enable Namibia to be among the African leaders, if not globally, when it comes to connectivity in the telecoms sector. If carefully administered the telecommunications sector can massively contribute to economic development in Namibia.
- Prof Marvin Awarab
Prof Marvin Awarab is the Acting Dean of the Faculty of Law at Welwithia University and a researcher in Employment Law and Telecommunications Law and Policy issues. He writes this article in his personal capacity.
