Rigid laws restrict regional ICT policies

Report calls for independence among regulators to hasten merging meant to open up East Africa.

Communications Authority of Kenya director general Francis Wangusi speaks during the East Africa Communications Organisation conference on leveraging ICTs in the transformation of the Postal and Courier sectors in East Africa at the Panafric Hotel, Nairobi on February 25, 2015. PHOTO | SALATON NJAU | NATION MEDIA GROUP  

In Summary

• Rigorous processes in Burundi, Rwanda and Tanzania are limiting the initiative, which is geared towards protection of infrastructure and seamless communication across the region.
• Tanzania Communications Regulator is answerable to the minister responsible for communications who ensures rules are in compliance with the codes of conduct.
• EACO has recommended that “member states should guarantee the separation of functions relating to policymaking, regulation and service provision.

By LILIAN OCHIENG'
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Differences in regulatory frameworks among East African countries has constrained the harmonisation of policies governing ICT across the trade bloc, says a new report.

Rigorous processes in Burundi, Rwanda and Tanzania are limiting the initiative, which is geared towards protection of infrastructure and seamless communication across the region.

The East Africa Communications Organisation (EACO) report says that “regulatory bodies in Kenya and Uganda have independence in decision making,” a move that the rest of the countries ought to emulate. Decisions by Burundi’s communications regulator are subject to approval by the Office of the President. Rwanda’s regulator, on the other hand, answers to the prime minister. Decisions by the regulator could be cancelled on grounds of threat to security of Rwanda or a foreign country.

Tanzania Communications Regulator is answerable to the minister responsible for communications who ensures rules are in compliance with the codes of conduct.

EACO has, therefore, recommended that “member states should guarantee the separation of functions relating to policymaking, regulation and service provision. The law must clearly define the responsibilities for each player in the sector,” for seamless harmonisation.

SIM CARD REGISTRATION

The framework should ensure that the bloc has a common SIM card registration system. The Communications Authority of Kenya (CA) said this approach was necessary following a rise in crimes perpetrated through mobile devices.

According to CA director-general Francis Wangusi, ID cards of individuals across the bloc will be linked to SIM cards of mobile users as is the case in Kenya.

In the new arrangement, Uganda for instance will recognise a Kenyan registered SIM card from its end and trace the owner in case it is used to commit a crime.

The report proposes a review of licensing, dispute resolution and infrastructure sharing models applied by regulators in Burundi, Rwanda and Tanzania.

EACO proposes the appointment of national regulatory authorities in the countries with constraint rules. It also proposes sufficient power, independence and authority to the appointed officials to ensure transparency in harmonising regional policies.