Final Report, Part 2: Regulatory Study on Low Cost VSAT...

Member of

Final Report

Part 2: Regulatory

Study on Low Cost VSAT Technologies and Licensing Regimes

for

The World Bank

and

African Virtual University

Detecon International GmbH

Oberkasseler Straße 2

53227 Bonn, Germany

Regulatory Part: Review of current VSAT licensing regimes and advice on best strategies to acquire licences in SSA countries

DETECON International GmbH, Bonn, 27.03.2003 i (Final Report Regulatory Part)

Table of Content

1 Introduction.......................................................................................... 1

2 Sub-Saharan telecommunications markets in Africa ..................... 5

3 Review of existing VSAT licensing regimes in the Sub-Saharan African (SSA) countries ..................................................................... 9

3.1 Angola ................................................................................................... 9 3.1.1 General legal and regulatory telecommunications framework............... 9 3.1.2 Current VSAT licensing regime ........................................................... 12 3.1.3 Recommendation to acquire a VSAT licence ...................................... 13 3.2 Benin ................................................................................................... 15 3.2.1 General legal and regulatory telecommunications framework............. 15 3.2.2 Current VSAT licensing regime ........................................................... 16 3.2.3 Recommendation to acquire a VSAT licence ...................................... 16 3.3 Burkina Faso ....................................................................................... 18 3.3.1 General legal and regulatory telecommunications framework............. 18 3.3.2 Current VSAT licensing regime ........................................................... 20 3.3.3 Recommendation to acquire a VSAT licence ...................................... 23 3.4 Burundi ................................................................................................ 24 3.4.1 General legal and regulatory telecommunications framework............. 24 3.4.2 Current VSAT licensing regime ........................................................... 25 3.4.3 Recommendation to acquire a VSAT licence ...................................... 26 3.5 Republic of Congo............................................................................... 27 3.5.1 General legal and regulatory telecommunications framework............. 27 3.5.2 Current VSAT licensing regime ........................................................... 28 3.5.3 Recommendation to acquire a VSAT licence ...................................... 29 3.6 Côte d’Ivoire ........................................................................................ 30 3.6.1 General legal and regulatory telecommunications framework............. 30 3.6.2 Current VSAT licensing regime ........................................................... 33 3.6.3 Recommendation to acquire a VSAT licence ...................................... 34 3.7 Democratic Republic Congo................................................................ 35 3.7.1 General legal and regulatory telecommunications framework............. 35 3.7.2 Current VSAT licensing regime ........................................................... 37 3.7.3 Recommendation to acquire a VSAT licence ...................................... 38 3.8 Ethiopia................................................................................................ 39 3.8.1 General legal and regulatory telecommunications framework............. 39 3.8.2 Current VSAT licensing regime ........................................................... 40 3.8.3 Recommendation to acquire a VSAT licence ...................................... 40


DETECON International GmbH, Bonn, 27.03.2003 ii (Final Report Regulatory Part)

3.9 Ghana.................................................................................................. 42 3.9.1 General legal and regulatory telecommunications framework............. 42 3.9.2 Current VSAT licensing regime ........................................................... 43 3.9.3 Recommendation to acquire a VSAT licence ...................................... 45 3.10 Kenya .................................................................................................. 47 3.10.1 General legal and regulatory telecommunications framework............. 47 3.10.2 Current VSAT licensing regime ........................................................... 49 3.10.3 Recommendation to acquire a VSAT licence ...................................... 50 3.11 Mali ...................................................................................................... 51 3.11.1 General legal and regulatory telecommunications framework............. 51 3.11.2 Current VSAT licensing regime ........................................................... 53 3.11.3 Recommendation to acquire a VSAT licence ...................................... 54 3.12 Mauritania............................................................................................ 55 3.12.1 General legal and regulatory telecommunications framework............. 55 3.12.2 Current VSAT licensing regime ........................................................... 57 3.12.3 Recommendation to acquire a VSAT licence ...................................... 60 3.13 Mozambique........................................................................................ 61 3.13.1 General legal and regulatory telecommunications framework............. 61 3.13.2 Current VSAT licensing regime ........................................................... 62 3.13.3 Recommendation to acquire a VSAT licence ...................................... 63 3.14 Namibia ............................................................................................... 64 3.14.1 General legal and regulatory telecommunications framework............. 64 3.14.2 Current VSAT licensing regime ........................................................... 65 3.14.3 Recommendation to acquire a VSAT licence ...................................... 68 3.15 Niger .................................................................................................... 69 3.15.1 General legal and regulatory telecommunications framework............. 69 3.15.2 Current VSAT licensing regime ........................................................... 71 3.15.3 Recommendation to acquire a VSAT licence ...................................... 72 3.16 Nigeria ................................................................................................. 73 3.16.1 General legal and regulatory telecommunications framework............. 73 3.16.2 Current VSAT licensing regime ........................................................... 74 3.16.3 Recommendation to acquire a VSAT licence ...................................... 76 3.17 Rwanda ............................................................................................... 77 3.17.1 General legal and regulatory telecommunications framework............. 77 3.17.2 Current VSAT licensing regime ........................................................... 78 3.17.3 Recommendation to acquire a VSAT licence ...................................... 78 3.18 Senegal ............................................................................................... 79 3.18.1 General legal and regulatory telecommunications framework............. 79 3.18.2 Current VSAT licensing regime ........................................................... 81 3.18.3 Recommendation to acquire a VSAT licence ...................................... 82 3.19 South Africa ......................................................................................... 83


DETECON International GmbH, Bonn, 27.03.2003 iii (Final Report Regulatory Part)

3.19.1 General legal and regulatory telecommunications framework............. 83 3.19.2 Current VSAT licensing regime ........................................................... 85 3.19.3 Recommendation to acquire a VSAT licence ...................................... 87 3.20 Tanzania.............................................................................................. 89 3.20.1 General legal and regulatory telecommunications framework............. 89 3.20.2 Current VSAT licensing regime ........................................................... 90 3.20.3 Recommendation to acquire a VSAT licence ...................................... 91 3.21 Uganda................................................................................................ 92 3.21.1 General legal and regulatory telecommunications framework............. 92 3.21.2 Current VSAT licensing regime ........................................................... 93 3.21.3 Recommendation to acquire a VSAT licence ...................................... 94 3.22 Zimbabwe............................................................................................ 96 3.22.1 General legal and regulatory telecommunications framework............. 96 3.22.2 Current VSAT licensing regime ........................................................... 98 3.22.3 Recommendation to acquire a VSAT licence ...................................... 99

4 Advice on best strategies to obtain licences in SSA countries. 100 4.1 Introduction........................................................................................ 100 4.2 General Lobbying Strategy................................................................ 101 4.3 Country specific strategy I : negotiate with licensed operators.......... 103 4.4 Country specific strategy II : “wait and see”....................................... 104 4.5 Country specific strategy III : start with licence application ............... 105 4.6 Other general issues to be considered by AVU................................. 106

Annex 1 Model Questionnaires ..................................................................... 108 Model Questionnaire in English ......................................................................... 109 Model Questionnaire in French.......................................................................... 120

Annex 2 Filled in Questionnaires.................................................................. 132 Burkina Faso...................................................................................................... 133 Mauritania .......................................................................................................... 145 Nambia .............................................................................................................. 149 South Africa ....................................................................................................... 161

Annex 3 Details of Policy Maker and Regulator .......................................... 172 Angola................................................................................................................ 173 Benin.................................................................................................................. 174 Burkina Faso...................................................................................................... 175 Burundi .............................................................................................................. 176 Republic of Congo ............................................................................................. 177 Côte d’Ivoire....................................................................................................... 178


DETECON International GmbH, Bonn, 27.03.2003 iv (Final Report Regulatory Part)

Democratic Republic of Congo .......................................................................... 179 Ethiopia.............................................................................................................. 180 Ghana................................................................................................................ 181 Kenya................................................................................................................. 182 Mali .................................................................................................................... 183 Mauritania .......................................................................................................... 184 Mozambique ...................................................................................................... 185 Namibia.............................................................................................................. 186 Niger .................................................................................................................. 187 Nigeria ............................................................................................................... 188 Rwanda.............................................................................................................. 189 Senegal.............................................................................................................. 190 South Africa ....................................................................................................... 191 Tanzania ............................................................................................................ 192 Uganda .............................................................................................................. 193 Zimbabwe .......................................................................................................... 194


DETECON International GmbH, Bonn, 27.03.2003 1 (Final Report Regulatory Part)

1 Introduction

The purpose of this study, which is being financed by the World Bank, is to review existing KU-band and other low cost VSAT technologies and to explore the feasibility of using such technologies and to design a network that will fulfil the African Virtual University’s (AVU) education and training requirements (technical part of the study).

One of the preconditions for the AVU of operating a VSAT network is whether VSAT licences can be obtained within the countries of Sub-Saharan Africa (SSA) where the AVU has or intends to have Learning Centres (LCs). Therefore, the existing licensing regimes within the SSA countries need to be analysed to be able to define best possible strategies for the AVU to obtain the required VSAT licences (regulatory part of the study).

The following document will concentrate on the regulatory part of the study. The objective of this report is to establish a reliable picture of the legal and regulatory environment with regard to VSAT licensing in these countries. According to the Terms of References (ToR) a regulatory review has been carried out for the following 22 SSA countries:

Angola;

Benin;

Burkina Faso;

Burundi;

Republic of Congo;

Côte d’Ivoire;

Democratic Republic of Congo;

Ethiopia;

Ghana;

Kenya;

Mali;

Mauritania;

Mozambique;

Namibia;



Niger;

Nigeria (even not foreseen in the ToR);

Rwanda;

Senegal;

South Africa;

Tanzania;

Uganda; and

Zimbabwe.

This study was undertaken on the basis of the following methodology.

First of all a clarification request has been sent to the AVU, addressing its service requirements for its education programme. These requirements, as defined by information provided by the AVU on the 20th of February 2003, include video broadcasting, two-way Internet access, voice telephony/VoIP and video-conferencing for the Anglophone and Francophone LCs in the 22 SSA countries.

Based on this information a Questionnaire has been developed in English for the Anglophone countries and translated into French for the Francophone countries. These Questionnaires have been sent to the national Regulators in order to receive accurate and up-to-date information on the legal and regulatory treatment of AVU and VSAT regulation in the above mentioned countries (see Annex 1 of this part of the Report).

However, these Questionnaires do not take into account the partnership programme, which the AVU is currently planning to offer across the whole African continent. This partnership programme intends to provide communications means and learning programmes to intergovernmental organisations and parliamentary departments of all 53 countries on the African continent. As a consequence, this might affect the legal and regulatory treatment of the AVU considerably.



At the same time detailed analyses have been carried regarding the existing licensing regimes in these SSA countries, taken into account:

Publicly accessible information mainly on the various websites of the Regulators, the ITU, the Worldbank, other organisations, institutions, etc.;

Country reports available to Detecon;

Information from the Global VSAT Forum (GVF) in London;

Information from local representatives in Africa;

Responses received to the developed Questionnaire from (only a few) national Regulators on their respective national VSAT licensing regimes; and

Discussions held with national Regulators (Ministries and Regulatory Authorities).

In addition to the numerous country reports, information has been obtained from local representatives being especially knowledgeable about the different legal and regulatory regimes in the field of telecommunications and operational procedures with regard to VSAT across the SSA countries.

On the basis of these investigations the main regulatory issues and threats that AVU would face in the target countries in case of licence application could gradually be listed. Thereafter, this issues have been examined and structured on the basis of in-depth legal and regulatory knowledge in the field of VSAT. Despite the reluctant response of the Regulators to our Questionnaire and continuous efforts undertaken by us to get in touch with the Regulators (not only from Bonn but also from our stay in Nairobi), Detecon believes that this report provides the AVU with a reliable picture on the legal and regulatory environment regarding VSAT licensing in the 22 SSA countries.

Based on the findings of the extensive legal and regulatory analysis and the in total 4 received Questionnaires, as completed until the 26th of March 2003 (see also Annex 2 of this part of the Report), recommendations on best possible strategies for the AVU to obtain licences in the 22 SSA countries for its educational programme have been developed.



These strategies will enable the AVU to:

Streamline lobbying activities and create political awareness in countries where no VSAT licence can be obtained at the time of writing this Report or a new regulatory framework / legislation (primary and secondary) is being drafted;

Successfully apply for licences in the other countries and rapidly start with the provision of its planned services.

In case filled-in Questionnaires or other valuable information regarding the specific regulatory treatment of AVU would be received by Detecon from the contacted Regulators of the remaining 18 SSA countries after delivery of this final report, they would immediately be forwarded to the AVU.

The conclusions and recommendations that have been reached in this report represent the views of the authors of the report, and in no way commit the World Bank.



2 Sub-Saharan telecommunications markets in Africa

Throughout the world, governments have taken measures in the last years to reform the telecommunications sector. The need for telecommunications sector reform has also been widely recognised in Sub-Saharan Africa (SSA). A growing number of countries are at some stage of designing or implementing reforms that seek to attract private investment and open the markets more or less to some degree of competition.

By comparison with other parts of the world, the structure of the telecommunications sector in SSA has tended to be remarkably uniform. Without exception, the sector of each SSA country was organised on the principle of national operating entities having responsibility for providing uniform telephone service throughout the country. In some cases, international links were and even in some countries still are the responsibility of a separate entity. Government ownership of operating entities was the norm.

However, sector reform is now in progress in many countries. Best practice in the modernisation of the sector is widely perceived among SSA countries to contain the following elements:

Separation of regulations from ownership and operations under a new law;

Separation of posts from telecommunications;

Privatisation of incumbent operators;

Statutory monopoly in public switched fixed telephone services;

Joint ventures by the incumbent in other services (e.g. mobile services);

Open entry into equipment supply and value-added-services.

International experience indicates that the elements of the reform process may be combined in a variety of different ways. For example, the United Kingdom initiated market entry and the privatisation of the incumbent operator at a relatively early stage, thereby intensifying pressures on the formerly British Telecom (BT) to become more commercial and more efficient. New regulatory arrangements were put in place to facilitate and reinforce these policies. In France and in Germany, as in most other European countries, the strategies



being followed concentrated on commercialisation of the telephony business, with liberalisation and regulatory reform being related mainly to new and ancillary services. The incumbent operator was allowed to undertake internal reforms at its own pace, with the boundaries of its monopoly carefully redrawn before it were fully exposed to market forces. The last market opened to competition was the main voice telephony market. To date only three African countries have already officially introduced competition in the their fixed-line markets: Ghana, Tanzania and Uganda with the licensing of a second network operator.

SSA countries have tended to follow European rather than North American precedents in restricting the connection of private networks to the public telephone network. The usual reason given is fear of loss of profitable long-distance traffic, but this rationale scarcely applies. With few exceptions, operators in SSA market make profits almost solely on international services. This is also one of the reasons why private network operators / Closed User Groups are not allowed to connect their network to the public telecommunications network.

This regulatory landscape has also implications on the VSAT regulation in the target countries.The benefits of VSAT-based communications are nowadays being realised in every sector of activity, both public and private. From banks and stock exchanges to schools, universities, hospitals and rural telecenters, VSATs are also being seized upon to elevate economic, educational and health standards. In turn, higher economic and social standards attract foreign investment, which creates employment opportunities, which also leads to increased exports.

With the advent of higher functionality and lower costs, VSAT services can now support considerably a broad range of domestic and international communications objectives. Typical services include: Internet via satellite, distance learning, rural telecommunications, telemedicine, distaster relief, Government Closed User Groups, broadband data communications, national and multi-national networks, intergovernmental and corporate applications, etc.

In SSA countries public as well as private VSAT networks are now a growing feature of telecommunications markets. However, VSAT service providers have in many SSA countries to overcome a number of barriers because this market is still over-regulated or even not open to competition. Where a market has been fully liberalised end-users will face no restrictions in accessing such services: they would be allowed to transmit and receive data, voice and video signals, not only domestically but also internationally, in order to connect the facilities throughout the countries without artificial restrictions imposed on them by



regulation. Such as a regulatory VSAT model has been adopted by many American and European countries. However, the situation in Africa is still different.

One of the most common restriction in SSA countries is the denial of voice transmission (as an exception could be named Senegal, that has been allowing voice transmission during the last years). In some SSA countries that have adpted a liberalised regulatory framework private VSAT networks are allowed to function under the authority of the incumbent operators, while the latter still retain a formal monopoly.

Another restriction refers to the fact that private VSAT networks are often limited only to domestic use, not allowing them international connections. They may also be forced to route their private network transmission through the national Hub of the incumbent operator, regardless of the financial or even the technical disadvantages this may have for the private VSAT network operators.

The whole licence application process for the installation and operation of a private VSAT network and hence for the provision of VSAT services that can last from several months up to 2 years, the high licensing fees to be paid (including additional taxes, annual operator fees, landing rights, etc.) and a multitude of licences that have to be obtained (service licence(s) depending on the kind of service to be provided, additional end-user earth station terminal licence) are still as complicated as is the case with the licensing of public telecommunications networks (e.g. mobile networks).

In some countries where operations and regulation have not yet been separated, obtaining a VSAT licence often requires a bilateral arrangement with the incumbent operator. The bilateral arrangement may require a “landing right fee” or tariff to be paid to the incumbent operator, even if the incumbent does not participate in the service chain. In other monopoly jurisdictions, the incumbent is the only entity that may install and service VSATs or the only entity that may own, operate and maintain VSATs.

In a number of SSA countries there even exists transparency regarding the regulation of VSATs: Rules are often not transparent and are inaccessible to the general public. Further, these rules are often difficult to interpret.

Another important issue is that in most SSA countries private VSAT networks are not allowed to connect their network to the public telecommunications network. In countries where such a connection would theoretically be permissible, additional



licence fees would have to be paid, although in practice such a concession is very difficult to obtain.

A commercial / legal presence is mostly required as a precondition for licence issuance. This is in fact a major obstacle to the effective roll-out of VSAT services in the countries concerned, because it increases overhead costs to the private VSAT operators and service cost to the end-users.

Last but not least, limited access to the space segment impinges on the ability of the private VSAT operators to obtain access to adequate space segment. They should have free and unrestricted access to the space segment provider of their choice and should be able to contract with them directly for space segment capacity. As far as customs duties are concerned, they are often unreasonably to high restricting by this way the importation of VSAT equipment into the country.



3 Review of existing VSAT licensing regimes in the Sub-Saharan African (SSA) countries

3.1 Angola

3.1.1 General legal and regulatory telecommunications framework

The liberalisation and restructering of the telecommunications market is only in a very early state in Angola. Decree No. 12/99, which came into force in 2000, established the Angolan Institute of Communications (INACOM) as the independent Regulator in Angola. One year later the Basic Telecommunications Law (Loi No. 8/01 du 11 mai 2001) has been adopted, which aims at further liberalisation of the telecommunications sector in Angola.

The following legislation has been issued in Angola with regard to the telecommunications sector:

2002: Décret 45/02 du september 2002 ;

2002: Décret No. 06/02 ;

2002: Loi 5/02 du 16 avril 2002 ;

2001: Loi No. 8/01 du 11 mai 2001 (Basic Telecommunications Law) ;

2001: Livre blanc ;

2001: Resolution No. 05/01 ;

1999: Decree No. 12/99, 25 June ;

1998: Decree-Law 2/98, 16 January;

1997: Decree 69/97, 26 September;

1997: Decree 76/97, 31 October;

1997: Law No. 18/97 (Telecommunications services);

1997: Law No. 44/97 (Radiocommunications tariffs);

1997: Law No. 69/97 (Broadcast services);



1995: Public Enterprises Act;

1994: Privatizations Act;

1994: Law 13/94;

1994: Delimitation of Statal Areas;

1994: Foreign Investments Acts;

1993: Law No. 2/93 (Radiocommunications networks);

1992: Decree 10/92, 16 March;

1989: Résolution No. 17/89, 15 July;

1985: Telecommunications Act 4/85 (The State has the monopoly on providing all kinds of services.

INACOM, the national Regulator is a public institute, that operates under the Ministery of Post and Telecommunications. The Ministry formally sets policies and approves Angola Telecom’s budget and operational functions. The Regulator is responsible for regulating and monitoring the telecommunications market in Angola. Its major tasks include:

Frequency allocation and monitoring;

Issue of licences;

Equipment approval;

Support Minister with strategy on national telecoms development;

Assistance in legal definition of the telecoms sector.

Although the Telecoms Act provides for licensing of private VSAT networks, and stipulates that INACOM is competent to issue licences for such networks, INACOM’s general power to issue licences is in competition with an identical power for the Minister. Furhter, INACOM’s power to issue licences is circumscribed by the regulatory authority’s obligation to deal with licensing in such manner as the Minister may order. In practice, INACOM never issues licences without either formal or tacit Ministerial approval. Power belongs to the Minister in any event, as – should there be differing views on the interpretation of the law on this point – the Minister has been granted, by decree, the power to interpret the law.



Organigramme Inacom

The liberalisation in the telecommunications sector in Angola has been promoted through the issuing of four licences in November 2002 for providers of national and international telephone services. The aim of issuing new licences was to extend service provision of public operators in rural and sub-urban areas. The licences are wide-ranging and cover both wire and wireless services, national and international services and also VSAT services. Thus, together with the incumbent national operator, Angola Telecom, there are now five licensed VSAT operators in Angola.



It should be noted that 2 VSAT operators had been previously licensed by the Minister of Communications (one of which in 1998), but their licences expired with the introduction of the more widely licensed new operators, in 2002.

3.1.2 Current VSAT licensing regime

Upon delivery of this final report, no feedback has been received from the national Regulator, who has been sent a Questionnaire with regard to VSAT licensing as well as the specific regulatory treatment of the AVU in Angola. The findings below are based on publicly available information, country studies available to Detecon as well as information and reliable estimations from country experts. They will have to be verified once AVU would start its efforts to apply for licence in the country.

The difficulty of securing an licence to operate a private VSAT network in Angola may be assessed against the fact that since its inception, few if any private networks are known to have been licensed. Although it is principally possible, based on national law to secure a private VSAT licence, the government has been very reluctant to grant private VSAT network licences. This may be related to the considerable cost of the licences to the four new operators and the extent of investment required of them in terms of infrastructure roll-out. Currently, the Government’s policy is to steer VSAT users towards these operators instead of granting a licence to operate a private VSAT network.

If the AVU were to apply to the Ministry for a licence to operate a private VSAT network, this would require a legal corporate identity in Angola. The AVU would be treated as a Closed User Group.

However, due to the Government’s reluctance to issue private VSAT licences, sustained negotiation over time would be required. It is highly likely that a successful application would take up to 2 years. Instead the AVU may opt to seek service from one of the licensed VSAT operators, simply by entering into a commercial negotiation with one of the licensed operators for service provision, including equipment, installation, provision of space segment, etc. The wide-ranging nature of the new operators’ licences would allow the AVU to build a number of satisfactory features into its private network in Angola, including access to Internet.



Should the AVU succeed in securing its own licence, it may face restrictions in accessing the satellite. The Telecoms Act provides that only licensed operators may access satellites, unless use is made of a hub located within Angola.

Further, connection to the public network would be another barrier. Although it is allowed by law, it is as rarely granted as the private licence itself.

Finally, it is not currently clear whether an individual registration requirement of earth stations applies to users whose stations are operated under commercial agreement with operators. This had been the case until November 2002, but has been dropped as a requirement for the time being. Such a requirement may eventually return, as the need for management of frequency interference grows with the introduction of an increasing amount of services in the country.

No licensing fees have been set for end-user licences. However, up until November 2002, the regulatory authority applied a fee of $3,500 per earth station for “type approval”. Although no type approval was actually conducted and the fee was negotiable, it was put forward as a fixed regulatory fee. In a commercial agreement with a licensed Angolan operator, charges would be freely negotiated along habitual commercial lines for such services.

It is not feasible to give a practical assessment of the time that would be required for a successful application for a private network licence, either to the regulatory authority or to the Minister. However, when the AVU attempts to obtain a licence, a planning time of 2 years should be taken into account. Commercial negotiations with the licensed Angolan operators are likely to be must faster. A negotiation time frame of 2 – 4 months seems therefore to be a reasonable planning estimate.

3.1.3 Recommendation to acquire a VSAT licence

Although securing an end-user licence is theoretically possible, it is likely that a successful application would take up to 2 years, due to the Government’s reluctance to issue private VSAT licences. Instead the AVU may seek service from one of the licensed VSAT operators, as the introduction of increased competition in VSAT services has opened up practical opportunities for organisations, such as the AVU, seeking to establish a private VSAT network.



Therefore, it is recommended to the AVU to:

clarify whether a private licence (and additional required licences, e.g. a broadcasting licence, if content is to be provided by LCs within Angola) could be granted to the AVU;

enter into commercial negotiations with the licensed operators on the provision of VSAT network facilities and services, if no licence can be obtained or for the provision of specific services as e.g. voice transmission;

take up discussions with the relevant Ministries to ensure that the AVU is supported by the Government in the implemenation of its educational programme in the country and in the discussion with the national regulator; and

negotiate favourable licence terms and conditions with the national Regulator INACOM, when licence application seems possible, and ensure favourable treatment of the AVU under the regulatory framework.



3.2 Benin


Telecommunications in Benin are currently governed by a patchwork of laws and regulations. Two edicts were adopted on 31 January 2002, that led to the creation of a separate Regulatory Authority and enunciated a certain number of pro-reform statements. These followed a formal announcement made in 1999 by the Government on liberalisation of the telecommunications industry.

However, the edicts have not yet been followed by the decrees necessary to flesh out their application into practical regulation. The effective start of the de-regulation activities of the new Regulatory Authority, the Autorité de Régulation des Télécommunications, has been slated to start in 2003.

The following legislation has been issued in Benin with regard to the telecommunications sector:

2002: Ordonnance 2002-002 portant principes fondamentaux du régime des télécommunications;

2002: Ordonnance 2002-003 portant création et attributions de l’Autorité de Régulations des Télécommunications;

1994: Décret No. 94-361 du 4/11/94 on Approval of the sectoral policy statement on posts and telecommunications;

1989: Arrêté No. 032/Mic/DGM/DEP/OPT du 16/05/89/ portant régulation des installations de télécommunications;

1988: Décret No. 88-225 du 2/6/88.

For an interim period until the Autorité de Régulations des Télécommunications has been formally set up, the Direction de la Politique des Postes et Télécommunications, being part of the Ministère de la Communication et de la Promotion des Technologies nouvelles, will carry out the Regulator’s functions. Its major tasks include:

Tariff setting;

Licensing;



Spectrum management;

Conflicts management between operators.

For now, the Beninois incumbent national operator, the Office des Postes et Télécommunications (OPT), retains a monopoly over all services despites the liberalisation of mobile phone and data (Internet) services. The OPT has set up a national backbone and international gateway to which ISPs can connect. Until 2003, VSAT services, like other fixed services, will remain a monopoly of the OPT.


At the time of writing this Report, no filled in questionnaire has been submitted by the Regulator.

Based on general available information, there is at present no effective regime allowing AVU to secure a licence from a government authority to operate a private VSAT network. The OPT grants authorisation for operation of private VSAT networks, at its discretion, and subject to the payment of fees.

There is normally no connection to the public telecommunications network. This is negotiable, but likely to stimy efforts to get authorisation in the first place. However, videoconferencing is allowed in a private network.

Fees vary according to a number of factors, but typically include a one-time fee of e.g. $15,000 and a monthly fee of $1,150 for a 64 kbps circuit.

It is estimated that the time frame for the licence award will be approximately three months from the date of application.


As even private VSAT services are at present not allowed, AVU will not be issued a licence for its network. Also taking into consideration that the new regulations have not entered into force nor has the Regulatory Authority been established, the situation is still unclear.




Continuously monitor the situation in Benin, as it may evolve rapidly in 2003;

Start lobbying activities to obtain favourable position for AVU;

Clarify with the Regulator, once established, whether AVU can apply for a CUG / private operator VSAT licence and if yes, under what conditions (including kind of services to be provided, licence fees to be paid, dependence on OPT, type approval issues, restrictions in accessing the satellites, etc.);

Take up discussions with the Government in order to ensure that AVU is supported by the relevant Ministries and the Regulator in the implementation of its educational and partnership programme within the country;

Negotiate, once a licence application will become possible, advantageous licensing terms and conditions to AVU with the national Regulator ARTEL under the new legal and regulatory framework.



3.3 Burkina Faso


The Government of Burkina Faso introduced the reform of the telecommunications sector through the adoption of the Telecommunications Law No. 051/98/AN in 1998. Section 23 of that Law provides for private VSAT networks and it was followed in 1999 by the decree No. 99-419/PRES/PM/MC governing a separate regulatory authority (ARTEL), which is empowered to issue licences for private networks.

In 1999 the Government identified the following key objectives:

Telecommunications should play a more important role in promoting the nation’s economic, social and cultural development;

Telecommunications technology should be available throughout Burkina Faso, not just in urban areas;

Telecommunications should play an increasing role in contributing to the nation’s GDP and creating jobs.

The following legislation has been issued in Burkina Faso with regard to the telecommunicatiosn sector:

2001: Loi No. 033-2001/AN portant modification de la Loi No. 15/94/ADP du 5 mai 1994 portant organisation de la concurrence au Burkina Faso;

2001: Arrêté Conjoint No. 00-001/MC/MEF fixant le barème des redevances d’usage des fréquences radioélectriques;

2000: Décret No. 2000/408/PRES/MCIA portant modalités de mise en œuvre d’un Accès au service universel des télécommunications;

2000: Décret No. 2000/407/PRES/PM/MC portant approbation du Plan national d’attribution des bandes de fréquences radioélectriques;

2000: Décret No. 2000-155/PRES/PM/MC portant concession à l’ONATEL des réseaux et services sous droits exclusifs de l’État;

2000: Décret No. 2000-087/PRES/PM/MC/MCIA portant définition des conditions générales d’interconnexion des réseaux et services de télécommunications;



2000: Décret No. 2000-083/PRES/PM/MC/MCIA portant modalités d’établissement et de contrôle des tarifs des services de télécommunications;

1999: Déclaration de Politique Sectorielle des Télécommunications de Juillet 1999 ;

1999: Décret No. 99-419/PRES/PM/MC portant approbation des statuts de l’ARTEL;

1998: Loi No. 058/98/AN portant la privatisation partielle de l’ONATEL;

1998: Loi No. 051/98/AN portant Réforme du Secteur des Télécommunications au Burkina Faso;

1998: Déclaration de la Politique Sectorielle des Télécommunications de 1998;

1994: Loi No. 15/94 portant Organisation de la Concurrence au Burkina Faso.

The Regulator, l’Autorité Nationale de Régulation des Télécommunications (ARTEL), is not independent from the Government since ARTEL is essentially responsible for implementing policies formulated by the Government. ARTEL is still part of the Ministry responsible for telecommunications. Its major tasks include:

Implementation of telecommunications regulations and Government telecommunications policy generally;

Monitoring compliance of the operator having exclusive rights with respective licensing rights and obligations;

Issuance of licences;

Approval of terminal equipment;

Management and control of radio frequencies;

Ensure compliance with international commitments made by Burkina Faso in the field of telecommunications;

Ensure publication of the annual report by the operator having exclusive rights;

Resolving disputes among telecommunications operators.



The Law No. 051/98/AN of December 1998 specifices the following conditions of competition:

Exclusive rights granted to the incumbent operator ONATEL to operate and repair the fixed and international telephone, telex and telegraphie network until the 31 December 2005;

Regulated competition with regard to the wireless networks (e.g. cellular networks); and

Free competition with regard to the value added services (e.g. the Internet).

The liberalisation of the telecommunications market in Burkina Faso started with the licensing of 3 wireless operators (ONATEL’s subsidiary: Telmob and two GSM licensees: Telecel Faso and Celtel Burkina) and of a number of ISPs and data networks operators.


Currently, there is no specific legislation in force affecting the regulation of VSAT services. The Law No. 051/98/AN and the Arrêté No. 00-001/MC/MEF both regulate the installation and operation of VSAT stations that are subject to an authorisation granted by ARTEL. According to the provisions of the above mentioned Law only VSAT services, that are not provided to the public, are at the time being allowed.

The VSAT service is generally defined by bandwidth and the diameter of dish. Burkina Faso is a WTO Member, but the country has not committed itself to liberalise VSAT services.

As far as the Internet services are concerned, they are regulated by the Law No. 051/98/AN as well. They are defined as a valued-added-service being subject to a declaration requirement.

In Burkina Faso the AVU as well as the other LCs connected to the AVU network will be treated as a Closed User Group. However, the LCs of the AVU’s network cannot be connected to the public telecommunications network. Further, neither the AVU’s VSAT network can be connected to ISPs nor can the Hub of the AVUs network be connected to the PSTN / Internet Backbone.



As far as the licensing regime in Burkina Faso is concerned, a commercial presence is required as a precondition for licence issuance.

Taking into consideration the reply of the Regulator to the Questionnaire the licensing regime in the country makes a distinction between VSAT network licensing and VSAT service licensing. Once the provision of VSAT services to be public will be allowed by the end of the year 2005, AVU would have to apply for an additional service licence.

In Burkina Faso the AVU’s technical network topology, being either a star network, a meshed network or even a hybrid network, will not be treated in a different way. Whereas receive-only VSAT terminals will not be subjet to a licence, the two-way VSAT terminals will require a licence for individual independent radio stations. The AVU would have to apply in the country for one licence per VSAT station and for a licence regarding the installation of the Hub, in case a Hub would be installed in Burkina Faso.

Regarding the reception of video broadcasting services in Burkina Faso no additional individual licence is required. However, AVU would have to apply for an operator licence with respect to the provision of VoIP as well as an operator licence with respect to the provision of voice telephony, as the provision of both kind of services is not included in the authorisation / licence issued to AVU as a CUG.

The authorisation and / or licence will be issued to the AVU within a time frame of one week after payment of the fees. The licence’s duration is 5 years and can be renewed. Unfortunately, no further information has been provided by ARTEL regarding the licence application process.

The major VSAT licence conditions as have been communicated by ARTEL are:

The payment of the annual licence fees; and

The prohibition of interconnecting the AVU’s network with the public telecommunications network.

A spectrum-related fee is charged annually by ARTEL. For the calculation of this fee the following issues relating to the efficient use of frequency spectrum are taken into account:

The bandwidth; and

The number of operating stations.



In accordance with the Arrêté Conjoint No. 00-001/MC/MEF regulating the fees to be paid for the use of the radio frequency spectrum of 20. September 2000 the following annual fee is charged per station depending on the bandwidth used for the provision of non-commercial VSAT services:

Category 6 :

Provision of non-commercial satellite

services

Licence Award or Right of Market Entry

(in FCFA)

Annual Fee

(in FCFA)

Privat stations of the type DAMA or VSAT

Per station:

- DAMA: 300.000

- VSAT: 60.000

Per station, depending on the bandwidth used:

Bandwidth:

- < = 0.2 MHz 30.000

- > 0.2 MHz to 2 MHz 300.000

- > 2 to 18 MHz 600.000

- > 18 MHz 1.200.000

For the installation of a Hub station in Burkina Faso an operator licence of the category “terrestrial stations for fixed satellite services” is required. The fees to be paid depend on the bandwidth used and amount to between 800.000 FCFA for 0.2 MHz up to 1.800.000 FCFA for 25 MHz.

In Burkina Faso the AVU would be free to use any satellite capacity when providing its VSAT services, as there are no restrictions regarding the direct acces to any space segment.

With respect to the type approval of VSAT terminals, type approvals obtained in other ITU Member countries are recognised by ARTEL. A registration of the equipment is however necessary. Customs duties will have to be paid for the importation of VSAT equipments, being equivalent to 47% of the value of these terminals.

As fas as the partnership programme is concerned, AVU would not be treated in a different way from a regulatory point of view if the parlaments of all 53 African countries would be a part of the CUG comprising the AVU and the other LCs. That means, that AVU would not have to apply for an additional licence for the provision of non-commercial interparlamentary services.




Concluded can be said, that under present regulation AVU can apply for a CUG licence regarding its educational as well as its partnership programme (at the time being no additional licence is required for the latter). However, AVU will until the year 2005 not have the right to connect its network with the public telecommunications network or even the ISPs in Burkina Faso. Further it is unclear, whether AVU could also apply for a licence for the provision of VoIP as well as voice telephony.

Regarding licensing there are no unusual restrictions. AVU will be issued the licence in a very short time period, i.e. within 1 week after payment of the licence fees.


Clarify whether AVU must be registered in the country as a legal entity;

Clarify for how many licences AVU would have to apply for in total and for what kind of services;

Start with the application for a CUG licence;


Negotiate advantageous licensing terms and conditions to AVU with the national Regulator ARTEL in order to ensure a favourable treatment of the AVU under the current legal and regulatory framework and after 2005 under the respective new framework.



3.4 Burundi


Telecommunications in Burundi are governed by the 1997 Decree on Telecommunications. A separate Regulatory Authority was also created in 1997, and is empowered to issue licences for private VSAT networks.

The following legislation has been issued in Burundi with regard to the telecommunications sector:

1999: Ordonnance Ministérielle de 1999;

1997: Décret No. 1/11/ du 4 septembre 1997 portant dispositions organiques sur les télécommunications;

1997: Décret Présidentiel No. 100/182 du 30 septembre 1997 portant statuts de l’Agence de Régulation et de Contrôle des Télécommunications (A.R.C.T.);

1997: Décret-Loi No. 1/011 du 4. Septembre 1997 regarding Institutional provisions on telecommunications, amending Legislative Decree No. 1/037 containing institutional provisions on telecommunications and liberalising the sector.

In Burundi two organisations have responsibility for telecommunications: the Ministère des Transports, Postes et Télécommunications and the Agence de Regulation et de Contrôle des Télécommunications (ARCT). The Ministry has overall authority over the provision of services and regulatory affairs. ARCT’s major tasks include:

Monitoring of the telecommunications sector;

Participation in the negotiation of international treaties, conventions and regulations in the field of telecommunications;

Ensure compliance with tariff policy;

Definition of the rules for utilisation of circuits or networks by private users;

Allocatation of frequencies and management of the frequency spectrum;

Issuance of licences;



Authorisation of the sale and connection of terminal equipment to the public telecommunications network;

Ensure that the interconnection agreements are non-discriminatory, equitable and reasonable;

Ensure that the interconnection agreements respect the technical norms, quality requirements, safety conditions and confidentiality of the transmitted information.

The Office National des Télécommunications (ONATEL) is a public enterprise responsible for providing telecommunications services under the Ministry of Transport, Posts and Telecommunications.

The liberalisation of the telecommunications sector in Burundi began with the issuing of three GSM licences to private operators and of two licences to ISPs. Burundi allows both private licences, and public VSAT operators.


At the time of writing this Report, no feedback has been received from ARCT, the who has been sent a Questionnaire with regard to VSAT regulation as well as the specific regulatory treatment of the AVU in Burundi. The findings below are based on publicly available information, country studies available to Detecon as well as information and reliable estimation from country experts. They will have to be verified once AVU would start its efforts to apply for licence in the country.

If AVU were to apply for a licence, it is assumed that AVU would be treated as a CUG in Burundi. Licence application would have to be made to the ARCT. However, no applications forms exist up to date.

With respect to licensing, no specific issues can be mentioned here. Further, there exist no particular restrictions, however a connection to the public network is not allowed. Further, there is no formal prohibition on voice transmission on a private network, but voice has been known to be granted on a discretionary basis.

A one-time fee of approximately $500 and an annual fee of $2,500 would have to be paid.



As far as up to now processing time varied considerably, it is estimated that it can last up to 6 months from licence application.


Concluded can be said, that the current situation is far from being clear. Therefore, it is recommended to the AVU to:

Continuously monitor the current regulatory situation and any market liberation attempt taken place in the near future in Burundi;

Try to get up-to-date reliable information;



Clarify with the Regulator whether AVU can apply for a CUG / private operator VSAT licence and if yes, under what conditions (including kind of services to be provided, licence fees to be paid, dependence on OPT, type approval issues, restrictions in accessing the satellites, etc.);


Negotiate, once a licence application will become possible, advantageous licensing terms and conditions to AVU with the national Regulator ARCT under the new legal and regulatory framework.



3.5 Republic of Congo


At the moment, the statutory instruments governing telecommunications include the 1997 Telecommunications Act and for private VSAT networks, in particular, the Decree on operation of independent networks. Accordingly, authority for issuance of licence currently still rest with the Minister of Communications. The main lines of the Government’s Telecommunications Programme included:

The establishment of a legal and regulatory framework that promotes investment (review of Law No. 14/97 of 26 May 1997);

Liberalisation of the sector, under the condition that any exclusivity granted for a service or type of network is only for a given period, and that the licensees in question implicitly renounce exclusivity if they are unable to provide the service or network by whatever deadline is set, at a reasonable cost, and with a quality of service corresponding to international standards;

Development of universal service / access over the entire national territory under specific terms.

Unusually, in 2001 the Ministry of Communications contracted with a private company to provide frequency management and – with respect to private VSAT networks among others – some licensing functions. Currently the COGEF receives applications for private networks, and advises the Ministry of Communications on the same. Licences must still be approved by the Minister, and must also be vetted by the Ministry of Defence.

At the end of February 2003, the Congolese cabinet dissolved the state operator, turning it into a state-owned operator separate from the Ministry of Communications and functioning as a private company (on a formal level). It is not yet known what larger impact this may have on regulation of the industry.

The following legislation has been issued in the Republic of Congo with regard to the telecommunications sector:

1999: Décret 99-187 du 29 octobre 1999 relatif à l’interconnexion;

1999: Décret 99-188 du 29 octrobre 1999 relatif aux conditions d’établissement et d’exploitation;



Arrêté No 452 relatif aux conditions générales d’établissement et d’exploitation des réseaux indépendants;

1997: Loi No. 14-97 du 26 may 1997 portant réglementation du secteur des télécommunications.

No information is available at the time being regarding the functions of the Regulator.

Regulatory texts that have been adopted, liberalised in particularly the field of mobile cellular telephony. No further information on the degree of liberalisation in the Republic of Congo is available.


At the time of writing this Report, no feedback has been received from the Ministry of Communications, who has been sent a Questionnaire with regard to VSAT regulation as well as the specific regulatory treatment of the AVU in the Republic of Congo. The findings below are based on publicly available information, country studies available to Detecon as well as information and reliable estimation from country experts. They will have to be verified once AVU would start its efforts to apply for licence in the country.

It is assumed that AVU would be treated as a CUG in Republic of Congo. Licence application would have to be made to the Minister of Communications. A form already exists for licence applications. Further, there are no particular issues to be mentioned here regarding general licensing issues.

However, the connection to the public network is generally not allowed.

As far as the licensing fees are concerned, AVU would have to pay the following fees: One-time fees for e.g. a 64 kbps circuit are 24,100,600 CFA and 20,000,000 CFA annually.

The estimated time frames for licence award is 2 months from the licence applications.




Concluded can be said, that the current situation is still unclear. Therefore, it is recommended to the AVU to:

Continuously trace the development of the legal and regulatory framework in the Republic of Congo;

Try to get up-to-date and reliable information;


Clarify with the Regulator whether AVU can apply for a CUG / private operator VSAT licence and if yes, under what conditions (including kind of services to be provided, licence fees to be paid, dependence on OPT, type approval issues, restrictions in accessing the satellites, etc.);


Clarify the functions of the COGEF regarding frequency management and licensing issues, that may have considerable implications on the AVU;

Take up discussions with the Government in order to ensure that AVU is supported by the relevant Ministries in the implementation of its educational and partnership programme within the country;

Negotiate advantageous licensing terms and conditions to AVU with the Minister for Communications and / or COGEF, as the case may be, under the current legal and regulatory framework.



3.6 Côte d’Ivoire


With the awareness that telecommunications had become a strategic instrument that contributes to economic growth, the Ivorian Government concluded the liberalisation of this sector after adopting the restructuring scheme in 1991. Côte d’Ivoire was thus one of the first countries in Africa to adopt liberalising legislation.

The Law No. 95-526 of 7 July 1995, which is the Communications Code, was adopted leading to the introduction of the subsequent liberalisation of the telecommunications sector and to the separation of the State regulatory functions from that of running of the industry, governing the sector in a general way. It defines three judicial systems within which the operators can operate, creating two regulatory organs namely: the Agence de Télécommunications de Côte d’Ivoire (ATCI) and the Conseil de Télécommunications de Côte d’Ivoire (CTCI).

The last phase of the sector’s reforms was the privatisation of CI-TELCOM which took place on 3 February 1997 with 51% shares ceded to France Cables and Radio as well as the signing of a concession agreement between the Ivorian Government and private operators. One of the outcomes of this privatisation was the transfer of the responsibilities earlier held by CI-TELCOM to ATCI.

Private VSAT networks are regulated by the 1997 Decree on Authorisations for Wireless Networks and the 1997 Edict on Regulatory Charges on Radiocommunications. Thus, private VSAT networks are currently allowed in Côte d’Ivoire, and licences are granted by the regulatory authority, the Agence des Télécommunications de Côte d’Ivoire (ATCI).

The following legislation has been issued in Côte d’Ivoire with regard to the telecommunications sector:

2001: Décret 2001-409 du 5 juillet 2001 fixant le montant et les modalités de recouvrement de la contrepartie financière pour la délivrance de la licence d’exploitation aux opérateurs de radiotéléphonie mobile cellulaires;

2001: Loi 2001-339 du 14 juin 2001 instituant le paiement d’une contrepartie financière pour la délivrance de la licence définitive aux opérateurs de télécommunications;



1999: Décret 99-441/ du 7 juillet 1999 relatif au plan national de numérotation;

1998: Décret 98-625/ du 11 novembre 1998 portant creation du fonds national des télécommunications et fixant les modalités de son fonctionnement;

1998: Décret 98-506/ du 16 septembre 1998 portant création de la société d’État dénommée Agence des Télécommunications de Côte d’Ivoire (ATCI);

1998: Décret 98-261/ du 3 juillet 1998 relatif à l’homologation des équipements terminaux de télécommunications à leurs conditions de raccordement et à l’agrément des installateurs;

1998: Ordonnace 98-441/ du 4 août 1998 modifiant l’article 51 de la Loi du 7 juillet 1995 portant Code des Télécommunications;

1997: Décret 97-392/ du 9 juillet 1997 définissant les modalités d’octroi des autorisations de fourniture des services de télécommunications;

1997: Décret 97-391/ du 9 juillet 1997 définissant les catégories et les modalités d’octroi des autorisations d’établissement et d’exploitation des réseaux radioélectriques;

1997: Ordonnace 97-173/ du 19 mars 1997 relative aux droits, taxes et redevances sur les télécommunications;

1996: Décret 96-100/ de 1996 portant financement du budget du CTCI;

1995: Loi No. 95-526 du 7 juillet 1995 portant Code des Télécommunications;

1995: Décret No. 95-555 du 19 juillet 1995 portant organisation et fonctionnement du Conseil des Télécommunications de Côte d’Ivoire (CTCI);

1995: Décret No. 95-554 de 1995 portant organisation et fonctionnement de l’Agence des Télécommunications de Côte d’Ivoire (ATCI).

Initially installed as a special category of public enterprise, ATCI became transformed into a State company since 4 August 1998, through the enabling Ordinance No. 98-441, whose functions are similar to those of the U.S. Federal Communications Commission. Its major tasks include:

To ensure that the regulatory provisions of the telecommunications law are applied;



To define procedures and authorise telecommunications rates for services provided under a monopoly;

To issue telecommunications operating licences;

To review tariffs;

To approve telecommunications equipment to be used;

To manage and control the radio frequencies;

To carry out the government’s defence and public security objectives;

To carry out on behalf of the State and for public interest, all over objectives of the government with regard to the telecommunications sector.

The Law of 1995 provided for the liberalisation of the mobile sub-sector, the value-added services (including public telephones, SMS and Internet services)



and the broadcasting services, that were opened to competition. The ATCI determines the issue of new licences taking into consideration the state of development of the telecommunications sector and the performance of the existing operators. Côte d’Ivoire Télécom has a 7-year monopoly over fixed services up to the year 2004. The licensing of a second national fixed line operator is expected for the year 2005.

At the time being there are 4 mobile operators, many private VSAT operators, 1 trunking operator, 2 operators providing paging services to the public, 1 private paging operator as well as many value-added-service providers.


At the time of writing this Report, no feedback has been received from ATCI, who has been sent a Questionnaire with regard to VSAT regulation as well as the specific regulatory treatment of the AVU in Côte d’Ivoire. The findings below are based on publicly available information, country studies available to Detecon as well as information and reliable estimation from country experts. They will have to be verified once AVU would start its efforts to apply for licence in the country.

If the AVU were to apply for a licence, it would be treated as a CUG in Côte d’Ivoire. Licence application would have to be made to the ATCI. A form already exists for licence application.

In addition to private VSAT networks, Côte d’Ivoire has also licensed VSAT service providers, and users such as the AVU may enter into an agreement with a service provider for operation under that service provider’s licence.

Voice transmission is currently not allowed on a private VSAT network, and is restricted until 2004.

For a e.g. 64 kbps with one earth station AVU would have to pay: One-Time Fees: 92,800 CFA and annual fees in the amount of 174,000 CFA.

As far as the time frames for licence application are concerned, the regulations provide that the ATCI must process applications in 4 months. In practice, an application can take up to 6 months or more, and it often requires sustained determination.




Taken into due consideration the current legal and regulatory framework in Côte d’Ivoire, it is recommended to the AVU to:


Start with the application for a CUG VSAT licence;

Clarify what kind of services AVU would be allowed to provide, including video broadcasting, and whether additional licences would be required for the provision of these services in Côte d’Ivoire;

Clarify whether it is worth entering into an agreement with a licensed VSAT service provider in the country for operation under that service provider’s licence and if so decided, under what commercial terms and conditions;


Negotiate advantageous licence terms and conditions with ATCI in order to ensure favourable treatment of AVU under the current legal and regulatory framework.



3.7 Democratic Republic Congo


In October 2002, the Ministry of Communications attempted to fill a 62-year gap since the last legislation of 1940 (being a combination of Belgian and French law) with a claim to comprehensive governance of the telecommunications sector, with the adoption of two new laws, one governing telecommunications in general, another creating a separate regulatory authority. Frequent amendments had been made to the 1940 statute.

The new Law on Telecommunications, governing telecommunications in general, will separate the Post and Telecommunications departments, establish an independent communications regulatory authority and pave the way for market liberalisation. The regulatory authority shall according to the provision of the new Law be funded only by licence fees and not by the Government. However, it is not expected that the regulatory authority will become effective for at least another year. Further, the incumbent’s operator fixed line mopololy shall then also be officially ended. The rules in the field of telecommunicatins will therefore change.

At the time of writing this Report, information was not available on the effect of such laws on private VSAT network.

Prior to the adoption of the above-mentioned laws, private VSAT networks were freely licensed in the Democratic Republic of the Congo, by application to the Ministry of Communications.

The following legislation has been issued in the Democratic Republic of Congo with regard to the telecommunications sector:

Law of 2002 on Telecommunications;

Law of 2002 on the creation of a separate regulatory authority;

1993: Arrêté No. CAB/MIN/PTT0027/31/93/ de 1993 laying down the conditions for the exercise of telecommunication and postal activities in the Democratic Republic of Congo;

1993: Arrêté No. CAB/MIN/PTT/0028/31/93/ de 1993 setting rates of and bases for prices and rental charges in respect of postal and telecommunications activities;



1982: Ordonnance Présidentielle No. 027/82 de 1982 establishing the postal and telecommunication administration and defining its functions as a policy-making and regulatory body;

1972: O.L. No. 72/173/ de 1972 introducing rental charges;

1971: O.L. No. 71/015/ de 1971 introducing the private radio;

1970: AM CAB 00016/PTT/70/ de 1970 issuance of operating authorisations by the Ministère des Postes et Télécommunications;

1968: Ordonnance – Loi No. 68/475/ de 1968 establishing the Office Congolais des Postes et Télécommunications;

1956: O.L. NO. 64/378/ de 1956 concerning telecom categorisation;

1940: Ordonnance législative No. 254/Telec. sur les télécommunications de 1940.

Until the coming into force of the new Law on Telecommunications the telecommunications sector will still be regulated by the Directorate for Telecommunications Regulation of the Ministère des Postes, Téléphones et des Télécommunications, which was established in the year 1968. The telecommunications regulatory decisions are currently performed by the Secretary General at PTT. The Regulator is in charge of:

Licensing of operators;

Conflict resolution;

Allocation of spectrum frequencies and frequency spectrum management;

Interconnercion issues;

Pricing;

Conflicts between operators;

Authorisation of new types of equipment;

Elaboration of sector policies and promotion of sector development.

The Office Congolais des Postes et Télécommunications (OCPT) has been the public telecommunications and postal operator in the Democratic Republic of



Congo since 1968 and is the only national fixed line operator in the country. It is responsible to the Ministère des Postes et Télécommunications.

The Democratic Republic of Congo was the first country in sub-Saharan Africa that introduced cellular services by granting a licence in 1986 to Telecel International for an AMPS network. There are currently 9 mobile / cellular operators (using AMPS, GSM and CT2 technologies) and 6 Internet Service Providers in the DRC. At the time being there are no international data providers and there is no availability of IP telephony services in the country.


At the time of writing this Report, no feedback has been received from ATCI, who has been sent a Questionnaire with regard to VSAT regulation as well as the specific regulatory treatment of the AVU in the Democratic Republic of Congo. The findings below are based on publicly available information, country studies available to Detecon as well as information and reliable estimation from country experts. They will have to be verified once AVU would start its efforts to apply for licence in the country.

If the AVU were to apply for a licence, it would be treated as a CUG in the Democratic Republic of Congo. Licence application would still have to be made to the Ministry of Posts and Telecommunications. The licence must be secured from the Ministry of Posts and Telecommunications as well as from the Ministry of the Interior for security reasons.

There are no specific licensing issues to be mentioned here. However, it is not clear at present what kind of services AVU would be allowed to provide and how many licences AVU would have to apply for. It is further assumed, that AVU would not be able to provide: voice telephony / VoIP and international VSAT services because of the incumbent’s monopoly.

Further, connection to the public network might be possible, but it would require additional procedures. The AVU would also normally require a local corporate presence, but this might also be negotiable.

Up until now according to our information the Regulator applied a one-time licence fee in the amount of $ 2000 + 10% of cost of equipment as well an annual fee of $ 500 per earth station.



It is expected that approximately 3 months will have to be calculated as time frame for licence award upon licence application.


At present AVU can apply for a CUG licence, as in general private networks are still permitted. Therefore, it is recommended to the AVU to:

Monitor the regulatory situation in the Democratic Republic of Congo, as it may evolve rapidly in the near future;

Clarify whether AVU must have a local corporate presence in the country or not;

Consider whether it would be more favourable to AVU to apply for a licence under the current or under the new licensing regime;

Start in any case with the application for a CUG VSAT licence;

Clarify what kind of services AVU would be allowed to provide, including video broadcasting and international VSAT services, and whether additional licences would be required for the provision of these services in the Democratic Republic of Congo;

Clarify whether connection to the public telecommunications network would be allowed and if yes, under what conditions;

Clarify the amount of the licence fees to be paid;


Negotiate advantageous licence terms and conditions with ATCI in order to ensure favourable treatment of AVU under the current legal and regulatory framework.



3.8 Ethiopia


The first steps of restructuring the telecommunications sector were taken in 1996 where, by Council of Ministers Regulation Number 10/96, the Ethiopian Telecommunications Authority was split into two separate entities, namely the Ethiopian Telecommunications Corporation (ETC) and the Ethiopian Telecommunications Agency (ETA). Further plans to improve the situation in the telecommunications sector were initiated in 1999, with Proclamation 47/1999, which sets out a mechanism to license more operators in the sector.

The following legislation has been issued in Ethiopia with regard to the telecommunications sector:

1999: Broadcasting Proclamation No. 187;

1999: Telecommunication Service Regulation No. 47;

1996: Telecommunications Service Regulation Regulations (provides for the regulation of telecommunication service;

1996: Proclamation for Establishment of Ethiopian Telecommunications;

1996: Corporation Regulation 10/96;

1996: Ethiopian Telecommunications Agency Proclamation 49/1996.

The Regulator ETA operates under the Minister of Transport and Communications and is by Telecommunications Agency Proclamation 49/1996 among other things responsible for:

specification of technical standards and procedures;

type approval of telecommunications equipment;

authorization and supervision of frequency use;

issue of licences;

regulation of telecommunications tariffs;

supervision of operators providing telecommunications services.



Although the Governement has in principle taken steps towards liberalisation with Proclamation 47/1999, no major licences have been issued and no new operators have been established. Consequently, the Ethiopian Telecommunications Corporation (ETC) still holds a monopoly across all major services, including fixed line, mobile cellular, data, Value Added Services (VAS) and also the provision of VSAT services within Ethiopia. Some UN Agencies have been granted authorisation to operate a private VSAT earth station, but no other civilian organisations are reported to have secured such authorisation.


Upon delivery of this final report, no feedback has been received from the national Regulator, who has been sent a Questionnaire with regard to VSAT licensing as well as the specific regulatory treatment of the AVU in Ethiopia. The findings below are based on publicly available information, country studies available to Detecon as well as information and reliable estimations from country experts. They will have to be verified once AVU would start its efforts to apply for licence in the country.

The Ethiopian Telecommunications Corporation (ETC) still holds a monopoly on the provision of VSAT services within Ethiopia and private VSAT networks are not yet allowed. Therefore, an application by the AVU does not seem to be possible at present.

Instead the AVU may attempt to seek service from national monopolist, ETC. However, it is difficult at the moment to estimate the time frames that should be taken into account for commercial negotiations with ETC and the flexibility of ETC of providing these services to AVU.


At present the AVU cannot apply for a private VSAT licence, as private VSAT networks are generally not permitted in Ethiopia.


clarfiy whether an exemption can be made under the current regulation to provide the AVU, as a Closed User Group, with a privat VSAT licence and



whether additional licences would be required, as e.g. a broadcasting licence, if content is to be provided by LCs within Ethiopia;

enter into commercial negotiations with the monopolist ETC on the provision of VSAT network facilities and services in case no licence can be granted or enter into negotiations with national operator for voice and international authorisation against a certain fee, if licence can be awarded to AVU;

take up discussions with the relevant Ministries to ensure that the AVU is supported by the Government in the implemenation of its educational programme in the country and in the discussion with the national regulator; and

negotiate favourable licence terms and conditions with the national Regulator ETA, if VSAT licensing becomes possible, and ensure favourable treatment of the AVU under the regulatory framework.



3.9 Ghana


In 1995 the Government began the process of restructuring the telecommunications sector in Ghana. The initiatives included among other things the privatisation of Ghana Telecom and the establishement of an independent regulatory body, the National Communications Authority (NCA). With the Communications Authority Act 1996 the first liberalisation and deregulation steps were made and a second national PSTN operator was licensed to operate alongside the incumbent. At present new regulation with regard to the telecommunications sector is being developed.

The following legislation has been issued in Ghana with regard to the telecommunications sector:

1996: The National Communications Authority Act 1996, Act 524;

1993: Media Commission Act 449.

The Ministery of Communications has recently sent out final draft regulations for public comment. There aim is to bring the law general liberalisation provision to live. The national Regulator, the National Communications Authority (NCA) operates under the Ministry of Communications and is responsible for:

Issue of licences;

Allocation of frequency;

Approval of equipmen;

Numbering plans;

Approval of tariffs;

Discharge government policy on communications.

The National Communications Authority is still under the control of the Ministry and its position in the market is relatively weak according to a recent World Bank report on Telecommunication Reform in Ghana from November 2002. The NCA



has not been able to resolve manjor dispute without the intervention of the Ministry.

With the introduction of the National Communications Authority Act (Act 524), the telecommunications industry became gradually more competitive, as three mobile operators, one second national operator, Westel, and one rural operator, Capital Telecom entered the telecommunications market.

The current market is characterised by a duopoly for the provision of local, domestic and international long-distance services and private leased circuit services for an exclusive period of 5 years (1997-2002). With the expiration of this period, all telecom markets are in principle open to competition. However, not all forms of competition have been approved yet. For example only Ghana Telecom is allowed to provide VoIP services and a request for an international gateway by the mobile operator Scancom, so that is does not have to interconnect with Ghana Telecom or Westel to complete international calls, has not yet been allowed.


Upon delivery of this final report, no feedback has been received from the national Regulator, who has been sent a Questionnaire with regard to VSAT licensing as well as the specific regulatory treatment of the AVU in Ghana. The findings below are based on publicly available information, country studies available to Detecon as well as information and reliable estimations from country experts. They will have to be verified once AVU would start its efforts to apply for licence in the country.

Westek Telesystems and Ghana Telecom are currently the two lisenced VSAT operators in Ghana (Duopoly). Currently no specific regulation on private VSAT networks exist in Ghana and private VSAT networks are allowed and have been regulated on a fluid policy basis by the Regulator NCA.

Ghana has adopted the WTO agreement on basic telecommunications services entirely, including the commitment to allow competition in data transmission, internet and fixed satellite (excluding voice) services and the commitment to allow global satellite serives to be supplied through arrangements with licensed public operators.



Currently new regulation is being developed. The final draft regulations of the Ministry may provide some issues that affect private VSAT networks. At the moment however, the impact of this new regulation is unclear, as they have only been sent out for public comment.

In absence of specific regulation, a working concept has evolved over time with regard to private VSAT networks. Private VSAT networks for Closed User Groups are readily allowed and applications should be made by letter to the NCA. Normally, the NCA will not grant voice approval and generally restricts licences to data communications. However, many users have, armed with a data licence from the NCA, negotiated voice authorisation with either one of the two national operators, against a payment for such right. Payments are freely negotiated, and perhaps subject to regulatory correction, but are in the order of $4,000 per earth station per year.

Further, the NCA took initially the position that private networks could only transmit domestically, and that international transmission felt under the duopoly of the 2 national operators. Due to the pressure of demand the NCA opted over time for something of a compromise and required private network users who want international transmission to use the “facilities” of one of the PSTN operators. However, “facilities” have never been formally defined, whether in the Act or elsewhere. First the NCA required users to have their signals physically transit through the international gateway of one of the operators. Over time, however, the NCA appeared to be satisfied that a commercial agreement with a licensed operator for international transmission – without using the operator’s earth station – is acceptable, if not perfect.

Consequently, the AVU would be treated as a Closed User Group, when applying for a licence. The new Regulations that are currently in draft form may affect the regulatory tariffs and VSAT licensing conditions. The current draft appears to exclude voice services from private VSAT networks. More clarity on this issue can only be given after publication of the final regulations and NCA’s working interpretation of the voice issue.

The licence fees that AVU would be charged by the NCA amount:

One-Time Fee: $3,000

Annual Fee: $2,000 per earth station, per year.



The licence fees that AVU would be charged by the national operator for one earth station and a transmission rate of 64 kbps would amount to:

Annually $4,000 for voice, per earth station

Annually $4,000 for international transmission, per earth station.

Note that these amounts are only indicative only, as they are negotiated between AVU and the national operator.

It is estimated that the application for a private VSAT network licence would take about 1 – 2 months.


In Ghana the AVU would be treated as a Closed User Group and is allowed to apply for a private VSAT network licence from the NCA. As voice might possibly be restricted under the new regulation, it is recommended to the AVU to immediately apply for a licence, as voice is currently made possible through absence of regulation and the availability of commercial arrangements with national operators licensed to provide voice services. In this way it becomes possible to obtain a data transmission licence for a private network, and supplement that with an agreement with a national operator for voice transmission under that operator’s licence, but using its own private VSAT network.

Further, international transmission may require, in addition to a licence from the NCA, a commercial agreement with a national operator for authorisation. These agreements are not endorsed by the NCA, which has however adopted a hands-off attitude, as long as the national operators are satisfied.

As the new regulatory framework is in the process of being developed and the new conditions that may apply to private VSAT licences are still unclear, it is recommended to the AVU to:

clarify whether AVU is registered as a legal entity in Ghana as legal presence is required by the licensing regime;



immediately apply for a private licence, as authorisation practices currently exist which allow the transmission of voice and international services;

enter into negotiations with national operator for voice and international authorisation against a certain fee;

clarify whether additional licences would be required, as e.g. a broadcasting licence, if content is to be provided by LCs within Ghana;

take up discussions with the relevant Ministries to ensure that the AVU is supported by the Government in the implementation of its educational programme in the country and in the discussion with the national regulator; and

negotiate favourable licence terms and conditions with the national Regulator NCA in order to ensure favourable treatment of the AVU under the new regulatory framework.



3.10 Kenya


The restructuring and liberalisation of the telecommunications market began in 1999 when the Kenya Communications Act became operational. The Act included among other things the divesture of Kenya Posts and Telecommunications Corporation into three separate entities, namely Telkom Kenya Limited, Postal Corporation and the Communications Commission of Kenya (CCK). The latter is the national regulatory Authority of Kenya. A review of the developments in the telecommunications sector by the Government resulted in Guidelines, issued in 2001, which paved the way for further liberalisation.

The following legislation has been issued in Kenya with regard to the telecommunications sector:

2001: Telecommunications and Postal Sector Policy Guidelines;

1998: The Kenya Communications Act;

1998: Postal Corporations Act.

The Communications Commission of Kenya operates under the Ministry of Information, Transportation and Communications. Its main responsibilities are:

Issue of licensing to operators and service providers;

Type approval of equipment;

Frequency allocation and management;

Issue of interconnection guidelines;

Regulation of prices;

Carrying out government policy on the telecom sector.

At first liberalisation and privatisation process did not materialise rapidly in Kenya. With the new telecommunications policy of 2001 several initiative have been taken to further promote competition.



The 2001 policy directions define a market segmentation in which there are 46 licensing types falling into 9 categories:

Facility-Based Public Fixed Telecommunications Providers (Type I Carriers);

Land Mobile Radio-Communication Services (Type II Carriers);

Fixed and Mobile Satellite Services;

Facility-Based Data Communications Networks and Services;

Internet Facilities and Services;

Resale Services;

Value-Added Services (VAS);

Telecommunications Dealers Licences; and

Telecommunications Person’s licence (Technical Personnel)

For each market segment the CCK has developed a liberalisation framework, outlining the market structure, the licensing requirements and procedures. According to that framework fixed and mobile satellite services shall be provided through the following licences:

Public satellite uplink/downlink gateway services (gateway services licence);

National commercial VSAT network services (national shared-hub VSAT services licence);

International commercial VSAT network services (international shared-hub VSAT services licence);

Private VSAT networks (self provisioning VSAT network license);

GMPCS gateway services licence;

GMPCS service providers (GMPCS agency licence);

GMPCS fixed and mobile terminals (authority to use a GMPCS terminal);

VSAT terminal for a variety of uses (license for the use of a VSAT terminal with transmit capability; and

Satellite-based paging network and services licence

The incumbent holds a monopoly until June 2004 for the provision of Public satellite uplink/downlink gateway services and International commercial VSAT network services. After this period the licensing of additional operators for these



services and GMPCS gateway service operators will be done through a competitive selection process, because of limited number of operators permitted. All other licences will be granted on a first-come-first-served basis.

Thus, at the moment the market for satellite services is only partly liberalised, as Telkom Kenya still holds a monopoly (until June 2004) on the provision of gateway services and international commercial VSAT network operation. The provision of national commercial VSAT networks is partly liberalised and the provision of private VSAT networks is fully liberalised.

The AVU currently holds a licence which allows the organisation to construct and operate VSAT systems in Kenya. Under this licence, the AVU cannot connect to the public switched telephone or data networks (PSTN and PSDN) and is only allowed to provide national data communication (i.e. no voice) to its Closed User Groups via VSAT.


The VSAT market in Kenya is only partly liberalised. Although the provision of international services is in principle restricted to Telkom Kenya, it seems that the CCK’s stated policy is now to allow international private VSAT networks, for data communication only (i.e. no voice). The provision of public national VSAT services is further restricted to Telkom Kenya and Gilat.

The AVU has been awarded a licence in 2002 to provide private national data communication to Closed User Groups in Kenya. The AVU licence includes among other things the following terms and conditions:

The licensed system comprise Satellite Telecommunication Systems consisting of one VSAT terminal equipped for the transmission and reception of data over a satellite network;

All equipment or devices shall be of an approved industrial standard, type approved by the Commission and confirming the Commission’s regulations;

The licensed system shall not be connected to the public switched telephone or data networks unless prior approval has been granted;

The licensed services are provision of satellite links for data transmission between the AVU Nairobi Offices and Washington D.C.;



The VSAT users’ scope of services covers only the reception and/or transmission of telecommunications signals. The reception and/or transmission of publicly accessible satellite television signals through the VSAT system is strictly prohibited;

The licence is granted for a period of 2 years and may be renewed for an additional 2 years provided that all licence conditions are fulfilled;

The AVU has to pay the following fees to the Commission:

− One-time VSAT inspection fee for the VSAT terminal

− One-time type approval/type acceptance fee

− Annual VSAT operating fee of Kshs. 100,000

− Annual frequency spectrum fee of Kshs. 34,674.


Concluded can be said, that the AVU has a good starting position with the VSAT licence it has obtained last year. In enables the AVU to provide private national data communication to a Closed User Group and to provide satellite links for data transmission between the Nairobi Offices and Washington D.C. It should be further investigate whether the location of the Hub in Nairobi would be feasible under these conditions.

However, at the moment the AVU is still depending on Telkom Kenya for the provision of voice services. Therefore, it is recommended to the AVU to:

apply for a public satellite uplink/downlink gateway services licence or international commercial VSAT network services licence as soon as the competitive selection process is initiated in Kenya in 2004 or enter into negotiations with Telkom Kenya and attempt to receive an authorisation for voice services against a certain fee;

clarify with the Regulator what additional licences will be needed for the provision of video-conferencing, VoIP, broadcasting services and hub;


continue negotiations with the Regulator and prepare for licence renewal (April 2004) with favourable licence terms and conditions.



3.11 Mali


Mali’s basic statutory instrument on telecommunications today is the Edict No 99-043/P-RM governing Telecommunications. Since its adoption in 1999, it has been modified and completed by a number of other decrees and laws. Although the legislation created a separate regulatory authority, the Comité de Régulation des Télécommunications (CRT), this authority has not begin exercising its powers in respect of private VSAT networks until late 2002.

Prior to the introduction of the CRT on the regulatory scene, private VSAT networks had been permitted in Mali, subject to negotiation of a commercial arrangement with the national operator. At the time of writing this Report, and although the CRT has taken over the national operator’s authorising function, it has not yet established fees for private networks, and continues to apply the tariffs previously obtaining under the former framework. This is expected to change very shortly.

As the regulatory authority fleshes out is licensing activity, it can be expected to grow into the provisions already established by law, such as those provided in the Decree No 00-226 P-RM/ of 10 May 2000 on Rules for Networks subject to Declaration and the Edict Governing Telecommunications. Those Regulations provide that Closed User Group networks do not require a licence. Accordingly, a declaration to the authority suffices. For VSAT networks, the frequency requirement means that a frequency authorisation must also be obtained so that, in effect, the procedure is essentially one of seeking a licence, regardless of its actual name.

The following legislation has been issued in Mali with regard to the telecommunications sector:

2002: Décret No 0026/P-RM/ du 10 mai 2002 déterminant les modalités de déclaration pour l’établissement de réseaux et / ou l’exploitation de services de télécommunications soumis à déclaration;

2001: Décret No 01-263/P-RM/ du 21 juin 2001 setting forth the procedure for granting a licence for establishing and operating telecommunication networks and services;

2001: Décret No 01-296/P-RM/ du 6 juillet 2001 appointing the members of the Telecommunication Regulatory Board (CRT);



2001: Loi No 01-005 du 27 février 2001 portant modification de l’Ordonnance 99-043P-RM du 30 septembre 1999 précitée;

2000: Ordonnance 00-028/P-RM/ du 29 mars 2000 modifying the Edict No. 99-043/P-RM/ and imposing various reporting and interconnection rules on operators, and providing for rules of governance of the CRT;

2000: Décret 00-226 P-RM/ du 10 mai 2000 determines declaration procedure for the establishment of networks and / or the operation of telecommunication services subject to declaration;

2000: Décret 00-227 P-RM/ establishes the procedure for the operation of the Comité de Régulation des Télécommunications (Telecommunication Regulation Committee);

2000: Décret 00-228 P-RM/ establishes criteria and procedures for granting telecommunications licences;

2000: Décret 00-229 P-RM/ on sharing of telecommunications infrastructure;

2000: Décret 00-230 P-RM/ on interconnection in the telecommunication sector;

1999: Ordonnance No 99-043/P-RM governing Telecommunications;

1994: Arrêté interministériel No 94/MCC-MCIT/ on telecommunication tariff setting;

1993: Arrêté No 93/MEF-MDB-CAB/ on operating arrangements of the Comité de suivi du Contrat Plan;

1993: Décret 93-095-P-RM on modifying the status of state-owned companies;

1992: Loi No 92-038;

1992: Loi No 92-029/AN/RM amending Order No. 91-014/P-CTSP;

1992: Loi No 92-021/AN-RM;

1992: Décret No 92-180/PG-RM/;

1991: Ordonnance 91-014/P-CTSP/ on organisational guidelines for state-owned companies and enterprises;

1989: Loi 90-018 AN-RM on ratification;

1989: Ordonnance 89-32 PRM/ on the establishment of SOTELMA;

1989: Décret 89-345-PRM on SOTELMA Statutes;

1972: Arrêté 513.MIT/ Principle of IP installation.



The Government created the regulatory body “Comité de Régulation des Télécommunications (CRT)” to lay down the ground for further restructuring and efficient operation of the telecommunications sector. It is doubtful, whether the CRT acts really independently, as the Government still has some influence on its operations and the CRT is headquarted at the Ministry of Communication.

The major tasks of the CRT include:

Licensing; and

Spectrum management.

Up to date the current operators in Mali include ISPs, providers of international data, one national gateway operator and two mobile cellular providers. Regarding the IP telephony services, there are no regulatory restrictions.


At the time of writing this Report, no feedback has been received from the Comité de Régulation des Télécommunications, who has been sent a Questionnaire with regard to VSAT regulation as well as the specific regulatory treatment of the AVU in Mali. The findings below are based on publicly available information, country studies available to Detecon as well as information and reliable estimation from country experts. They will have to be verified once AVU would start its efforts to apply for a licence in the country.

In Mali, VSAT services can at present be provided by:

Operators having been issued a licence;

Closed User Groups; and

ISPs (temporarily).

There is no VSAT competition at the moment in Mali.

Further, there is no specific VSAT legislation in force. Therefore, the current legal and regulatory framework will also be applicable to VSAT services.

Mali is neither a WTO Member nor in the process of becoming a WTO Member.



In case the AVU would apply for a licence in Mali, it would be treated as a CUG. However, it is unclear what services the AVU would be allowed to provide, taking also into account that no connection to the public telecommunications network will be possible. It needs also to be clarified whether the licensing regime differentiates between a VSAT network and a VSAT service licence and whether additional service licences are required.

As far as the licensing regime is concerned, the AVU would have to have a local corporate presence in the country. No particular licensing issues are known at the moment.

The licence application process in case of a CUG licence would take approximately 2 months.

Regarding the licence fees to be paid, these would be as follows: e.g. an one-off fee in the amount of 590,065 CFA and annual fees in the amount of 2,891,148 CFA for one earth station transmitting at 64 kbps.


At present the AVU can apply for a CUG licence in Mali, but some issues need further clarification.


Carefully monitor the actual situation, in particular tariff issues;


Clarify what kind of services the AVU would be allowed to provide, incl. video broadcasting and international VSAT services, and whether additional licences would be required for the provision of these services in Mali;


Take up discussions with the Government to ensure that the AVU is supported by the relevant Ministries in the implementation of its educational and partnership programme within the country;

Negotiate advantageous licence terms and conditions with the CRT in order to ensure favourable treatment of AVU under the current legal and regulatory framework.



3.12 Mauritania


Telecommunications law in Mauritania is governed by a number of statutory instruments, including, at a general level, the Telecommunications Act of 1999 and the Multi-Sectorial Act of 2001.

The Telecommunications Act paved the way for the liberalisation of the sector. The Office des Postes et des Télécommunications (OPT) was split into posts (Mauripost) and telecoms (Mauritel) on 31 December 1999 and Mauritel was subsequently privatised.

An autonomous regulatory authority was established to separate regulatory and policy making functions, which reside with the Ministry of Interior, Posts and Telecommunications, and with the specific mandate to regulate and privatise the telecommunications services. On the basis of the Law 2001-18/ of 2001 the responsibilities of the regulatory authority were also extended to other sectors, including the posts, energy and water.

The regulatory authority is empowered by its governing legislation to authorise private VSAT networks, and does so in accordance with the Decree No R0139/MIPT Governing Licences and Authorisation of 2001 and the Decree No R0130/MIPT on Tariffs, Type Approval and Other Issues of 2001.

The following legislation has been issued in Mauritania with regard to the telecommunications sector:

2001: Arrêté R0130/MIPT du 28 février 2001 concerning procedures, regulations and supervisory mechanisms with respect to the granting of licences and permits;

2001: Arrêté R0131/MIPT concerning procedures for the establishment and management of a numbering plan, a directory, and information and emergency services;

2001: Arrêté R0132/MIPT concerning standardisation and certification procedures for equipment and the activities of installation workers;

2001: Arrêté R0133/MIPT establishing procedures for the settlement of disputes;



2001: Arrêté R0134/MIPT establishing organisational provisions for the management of the radio-frequency spectrum;

2001: Arrêté R0138/MIPT establishing a schedule of fees for the use of the radio-frequency spectrum;

2001: Arrêté R0139/MIPT concerning fees for the regulation, registration and administration of authorisations, for the administration of the numbering plan, for the certification of terminal equipment, and for publications offered for sale by the regulatory authority;

2001: Loi 2001-18/ du 25 janvier 2001 converting the regulatory authority into a multi-sectoral authority (telecommunications, posts, energy, water);

2000: Décret No 2000-163/PM/MIPT establishing general requirements with respect to interconnection;

1999: Loi 99-0.19 du 11 juillet 1999 providing for the liberalisation of certain activities in the telecommunication sector;

1994: Contrat programme entre l’État et l’OPT sur 3 ans granting greater management autonomy;

1993: Loi No 93-39/ Postal and Telecommunications Code. The law governs the entire postal and telecommunications scope of the OPT monopoly;

1990: Ordonnance No 90-09/ establishing the articles of association of public corporations and companies with public capital, and governing the relations of such entities with the State.

The Autorité de Régulation Multisectorielle is totally independent from the Ministry of Interior (Ministère de l’Interieur des Postes et Télécommunications): It is not part of the Ministry of Interior, it is an autonomous body under the Prime Minister’s supervision. Its major tasks include:

Privatisation of the telecommunications sector and the selection of strategic partners;

Promotion of the effective development of the telecommunications sector according to the Government’s objectives;

Monitoring fair market competition;

Issuance of concessions, licences and authorisations, and ensurance of compliance with the concession, licence and authorisation conditions;



Monitoring and enforcement of the telecommunications laws and regulations in an objective, transparent and non-discriminatory way;

Tariff control and ensurance of compliance with the interconnection costs;

Ensurance of the continued provision of public services and protection of the public interest;

Protection of the users’ and operators’ interests;

Spectrum management.

The telecommunications market is open to new operators, whereas the Government will incrementally transfer its shares to private investors. Specific conditions for market entry include proven experience in the telecommunications sector and three years of solid financial performance.

With the exception of Mauritels’ monopoly regarding fixed telephony and the termination of international public traffic, that both will end in June 2004, the market has been opened up to competition. There are at present few ISP’s and providers of IP telephony services as well as two mobile GMS operators in Mauritania.


In Mauritania international VSAT services can be used by:

Private networks of international organisations and diplomatic missions; and

Operators of public fixed and mobile networks.

Hence, international VSAT services are permitted. However, up to June 2004 the incumbent operator, Mauritel, will retain exclusivity regarding the termination of international traffic with respect to public telecommunications services.

At the time being there is no specific legislation dealing with VSAT issues, therefore the current legislation is also applicable to VSATs. It should be mentioned here, that VSATs are defined on the basis of the respective ETSI definition.



Mauritania is in the process of becoming a WTO Member and making preparations to accede to the WTO commitment, in order to make the country more amenable to foreign investors. Among the services specifically addressed are the fixed and mobile satellite-based systems and services.

In general, VSATs in Mauritania are subject to the issuance of:

An individual licence (for public telecommunications networks and services using scarce resources or in case of provision of voice telephony); or

A general authorisation (for independent telecommunications networks using radio frequencies, being private networks or networks of CUGs).

However, it is not clear at the moment how AVU would be treated in Mauritania. According to the response of the Regulator (Autorité de Régulation Multisectorielle) to the submitted questionnaire, a decision of the Regulator on AVU’s regulatory treatment could only be made at the time of licence application. As of today, it is assumed that the provision of all of its services, as enumerated in the questionnaire (question No. 25) would be covered by one single licence.

The Autorité de Régulation Multisectorielle is also empowered to authorise voice on private networks, but currently does so reluctantly, on a case-by-case basis. A persuative case must be made to secure voice authorisation.

No statement has been made regarding the requirement of a commercial / legal presence for the respective licence’s award.

According to the current legal framework an interconnection of the LCs with the public telecommunications network, of the AVU’s VSAT network with ISPs and of the Hub with the PSTN / Internet Backbone is not allowed until June 2004, if such an interconnection would permit transmission of international traffic for the provision of a public telecommunications service.

In Mauritania, the licensing regime does not differentiate between VSAT network licensing and VSAT service licensing. That means, no additional service licence is needed. AVU would consequently has to apply for only one licence in total.

Further, the technical network topology is not treated differently from a regulatory point of view, thus no distinction is made between a star network, a meshed network and a hybrid network. However, no information has be provided regarding the regulatory treatment of a Hub in the country as well as that of two-



way VSAT terminals. It should also be noted here, that in Mauritania a receive-only (R/O) VSAT terminal also requires a licence.

The time period for licence application also depends on whether an individual or a general licence is applied for. As it is expected that AVU would apply for a general authorisation the licence application process would take no more than 2 months from the date of licence application. The detailed qualification requirements, the documents to be submitted and the major licensee’s rights and obligations are described in more detail in the Telecommunications Law of 1999 and the Arrêté R0130/ of 2001.

The licence is granted by the Autorité de Régulation Multisectorielle. Although general authorisations are granted for a maximum period of 10 years, the Regulator did not provide any information regarding the duration of the licence to be awarded to the AVU.

Based on the reply of the Regulator to the questionnaire, the licence fees to be paid include administrative fees and spectrum-related fees. Whereas the administrative fees are one-off fees, the fees for the use of the radio frequency spectrum are payable on an annual basis. In accordance with the above mentioned Arrêté the following annual fee is charged per station depending on the bandwidth used for the provision of non-commercial VSAT services:

Category 6 :

Provision of non-commercial satellite

services

Fees for Licence Award

(in UM)

Annual Fee

(in UM)

Privat stations of the type DAMA or VSAT

Per station

(irrespective of station type):

- 15.000 / station

Per network, depending on the bandwidth for transmission:

Bandwidth for transmission:

- < = 0.2 MHz 200.000

- > 0.2 MHz - 1 MHz 300.000

- > 1 MHz -5 MHz 400.000

- > 5 - 25 MHz 500.000

- > 25 MHz 600.000

No information has been provided regarding the satellite providers in the country. Direct access is permitted to any space segment, under the condition of acquiring the necessary authorisation.



The legal framework does not provide for a different regulatory treatment of C-band and KU-band satellites.

All VSAT terminals and terminal components require type approval and customs duties have to be paid. However, no further registration is needed. Self-declaration of conformity by manufactures is allowed in Mauritania.


Concluded can be said, that under present regulation AVU will be allowed to apply for a general (CUG) authorisation, but the further details will have to be discussed with the Regulator at the time when AVU will apply for a VSAT authorisation. Taking into consideration Mauritel’s above mentioned monopoly it will have to be examined, whether AVU would be able to provide international VSAT services / Internet access without the obligation to route the international traffic for termination through the network of the incumbent. It is at the time being unclear how the AVU will be treated from a regulatory point of view in Mauritania.


Clarify outstanding issues regarding its regulatory treatment during the coming months until the end of Mauritel’s monopoly in the mid of 2004 having implications on the application for a licence in Mauritania (including e.g. type of licence to apply for, commercial presence, level of administrative fees to be paid);


Negotiate the authorisation for provision of voice over its network with the Autorité de Régulation Multisectorielle;

Take up discussions with the relevant Ministries to ensure that AVU is supported by the Government in the implementation of its educational programme in Mauritania and in the discussions held with the Autorité de Régulation;

Negotiate favourable licence terms and conditions with the Autorité de Régulation Multisectorielle in order to ensure a favourable treatment under the legal and regulatory framework in the country.



3.13 Mozambique


By decree 22/92 the Communications Institute of Mozambique (INCM) has been established as the independent Regulator of Mozambique. The telecommunications sector in Mozambique is governed by the Telecommunications Act of 1999. This Act determines Telecommunicaçies de Mozambique (TDM) as the exclusive provider of fixed line national and international telephone services until 2004.

New telecommunications regulation is currently being reviewed in Mozambique. The following legislation has been issued in Mozambique with regard to the telecommunications sector:

1999: Telecom Law 14/99 (Basic Telecommunications Law);

1993: Decree 23/93 (Basic Radio Regulation);

1993: Decree 9/93 (Broadcasting and Television Regulations);

1992: Decree 22/92 (currently being reviewed - Establishment of National Communications Institute of Mozambique – INCM);

1992: Decree 23/92 (Transformation of national operator into a public company).

The Communications Institute of Mozambique (INCM) falls under the jurisdiction of the Ministry of Transport and Communications and is responsible for:

Definition of communications policy measures and advising Government;

Definition of standards and approval of equipment;

Management of frequency spectrum;

Issue of licences;

Interconnection;

Tariff policy;

Resolve disputes among telecommunications operators.



The telecommunications sector of Mozambique is only at the beginning of liberalisation. TDM (Telecommunicaçies de Mozambique) is the exclusive provider of fixed line national and international telephone services until 2004. There are two licensed mobile operators in Mozambique (Telecommunicaçies movies de Mozambique (mCel) and Vodacom. Further, there are a couple of Internet Service Providers (ISPs), however they are prohibited to offering VoIP and call-back facilities.

The INCM has followed a fluid policy with regard to VSAT licensing that has evolved since 1999. There is no restriction on the provision of data services based on VSAT services networks and a number of VSAT operators have been licensed. At the current time, the INCM steers private network users towards operating under commercial agreement with the licensed VSAT operators. Those agreements concern data networks. Voice authorisation is possible, but its application to the INCM is normally sought by the licensed VSAT operator, rather than by the end-user.


Upon delivery of this final report, no feedback has been received from the national Regulator, who has been sent a Questionnaire with regard to VSAT licensing as well as the specific regulatory treatment of the AVU in Mozambique. The findings below are based on publicly available information, country studies available to Detecon as well as information and reliable estimations from country experts. They will have to be verified once AVU would start its efforts to apply for licence in the country.

Although application for a private VSAT licence is in principle possible, the INCM steers private network users towards operating under commercial agreement with the licensed VSAT operators. The opportunities for the AVU of obtaining a private VSAT licence and the times frames that should be taken into account are therefore unclear at the moment.

If the AVU were to apply for a licence, it would be treated as a Closed User Group. Voice authorisation may be applied for at the INCM and granted against a certain fee. The authorisation is usually subject to a one-time fee of $3,500 with no annual fees.



Realisation of a VSAT network trough the licensed operators may be achieved within 1 month, as is the voice authorisation, if required. Fees are subject to commercial negotiations.


As regulation is currently being reviewed and the new conditions that may apply to private VSAT licences are still unclear, it is recommended to the AVU to:

clarify with the INCM whether the AVU can apply for a private VSAT licence or whether is should obtain services from licensed operators;

apply for a VSAT licence and clarify whether additional licences would be required, as e.g. a broadcasting licence, if content is to be provided by LCs within Mozambique or enter into negotiations with licensed VSAT operators and apply for voice authorisation;


negotiate favourable licence terms and conditions with the national Regulator, if VSAT licence appears realistic option for the AVU, and ensure favourable treatment of the AVU under the new regulation.



3.14 Namibia


Under the Namibian Communications Commission Act, 1992 the Namibian Communications Commission (NCC) was established as the national regulatory authority for broadcasting and telecommunications and Telecom Namibia as the national incumbent for fixed telecommunications services and networks.

Under the Regulation of 1999 it was decided to further open up telecommunications sector and to allow additional players. At the moment a Draft Telecommunications Bill with a detailed part on telecommunication regulation is in the process of being finalised and is expected to be passed late in 2003 or in 2004. One of the aims of the new legislation is to fasten liberalisation of the telecommunications sector. It is envisaged that the market will be fully open to competition by the year 2004.

The following legislation has been issued in Namibia with regard to the telecommunications sector:

1999: Telecommunications Policy and Regulatory Framework for Namibia;

1995: Namibian Communications Amendment Act;

1994: Namibian Communication Regulation;

1992: Namibian Communications Act;

1992: Establishment Post and Telecoms Act;

1992: Post and Telecoms Act.

The Ministry of Foreign Affairs, Information and Broadcasting is responsible for the development of telecommunications policy. The telecommunication regulatory functions were passed to the NCC in August 1992 through the Posts and Telecommunications Act, 1992 (Act 19 of 1992). The functions and duties of the NCC include:

licensing of telecommunication, broadcasting, two-way radio, postal satellite communication and operating licences;

management of radio-electric frequency spectrum;



provision of a broad, reliable and efficient supply of telecommunications services at an affordable cost to the nation;

maintaining a national balanced to develop telecommunications infrastructure where it is needed,

securing of universal access for all citizens to basic telephony at affordable prices;

development of the sector to achieve its potential for national growth;

co-operation in regional telecommunications to promote efficiency in economical and industrial affairs across borders;

standardisation and equipment type approval;

all other telecommunication regulatory aspects.

Currently Namibia has a small degree of market liberalisation. The telecommunications sector has not yet been opened up for competitive fixed line or international gateway operators and Telecom Namibia still has a monopoly on most of the telecom services, including fixed satellite services in the country. Therefore, one of the major aims of the new legislation is to fasten liberalisation of the telecommunications sector. It is envisaged that the market will be fully open to competition by the year 2004.

Currently only paging services, Internet services and Mobile satellite services (GMPCS, Inmarsat) are open to competition. Several internet service providers (ISPs) operate in Namibia. At the moment Internet services are not regulated and ISPs are not required to obtain a licence as long as they utilise the national and international networks of Telecom Namibia.

With regard to VSAT services Telecom Namibia has a VSAT licences for national use and Transnamib, the railways company has a licence for closed user national use. Further special VSAT licences exist for foreign embassies.


There is no VSAT competition at the moment in Namibia. Currently a new Telecommunications Bill is being developed and this will also apply to VSAT services. Therefore, not all licence and operation conditions are clear at the moment. VSAT services have not been precisely defined yet and it is recommended to use the ETSI definition of VSAT services.



Namibia is in the process of becoming a WTO Member. The agreement, including the commitments on VSAT, still needs to be signed.

As far as the licensing regime is concerned legal presence in Namibia is required and the AVU should be registered in the name of a legal entity. Ownership restrictions generally apply to public operators only.

According to current law VSAT services are only allowed as long as they are used for a Closed-User-Group (CUG) and there is no interconnection to the public telecommunications network. This means that the AVU and its LCs will be treated as a CUG in Namibia and that:

AVU’s network cannot be connected to the public telecommunications network, as this would require a public operators licence, which is not yet possible under the current legislation;

No interconnection to ISPs/international access is allowed, as this would require an international public operators licence, which is not yet possible under the current legislation;

Internet requires no licence if network of public operator(s) (Telecom Namibia) is used;

VoIP cannot be offered, as it is not yet permitted under current legislation; and

The Hub of the AVU’s network cannot be connected to the PSTN / Internet Backbone, as this would require a public operators licence, which is not yet possible under the current legislation.

It needs to be clarified whether the licensing regime differentiates between a VSAT network and as VSAT service licence and whether an additional service licence is required. According to the Regulator’s reply to the Questionnaire this likely to be the case.

In Namibia the technical network topology, being either a star network, a meshed network or even a hybrid network, will not be treated in a different way. Receive-only VSAT terminals will not be subject to a licence. As of today it is expected that the operation of a (two-way) VSAT network would require a:

private operators licence for Closed User Group for each VSAT terminal;

public operators licence if hub is in Namibia or there is connection to PSTN or Internet Backbone (not yet possible)



It should be noted that each VSAT terminal requires private operators licence. The frequency use is included in that licence.

As of today it is expected that to deliver AVU’s service portfolio the following service licences would be required:

International operator/gateway licence (for all international services) (not yet possible);

broadcasting licence and uplink licence (for broadcasting);

public operators licence (if used for public telecommunications / voice telephony and video conferencing) (not yet possible);

private operators licence if used within a Closed User Group.

As the regulatory framework is currently being drafted it is not entirely clear whether broadcasting to a Closed User Group, especially via VSAT, will require a broadcasting licence. It is thought, that this is probably not the case.

It should further be noted, that conditions are determined for each individual licence depending on application/use.

The licence application process in case of private operators licence (Closed User Group) would take approximately 3 months. The private operators licence is granted for a period of 5 years. The licence is granted by the Namibian Communications Commission (NCC).

The fees are calculated on the basis of 64 kbps per year and amount:

an application fee for private operators licence: N$ 660

a VSAT terminal fee: N$ 5280 per 64 kbps per terminal / year (includes spectrum fee)

Note that lower fees may be negotiated for higher bandwidths depending on use.

Traditionally, Telecom Namibia, through Intelsat, has been the satellite provider of Namibia. The AVU would be free to use any space segment on any satellite if licensed as a private operator, according to the bandwidth specified in the licence.



All terminals require ETSI or South African (SABS) type approval. No further approval or registration is needed. Further, customs duties need to be paid for the importation of VSAT equipment.


Concluded can be said, that under present regulation AVU can only apply for a private operators licence (for each VSAT terminal) which gives AVU limited possibilities to fully operate its intended VSAT network and services independently. For the provision of international services / internet access the AVU is depending upon the incumbent as this service is only allowed if the service is routed through the network of the incumbent, as an International operator/gateway licence is not yet available. Further VoIP is not allowed.

As the new regulatory framework is in the process of being developed, future licence conditions that allow interconnection to the public network, interconnection to ISPs or hub location in Namibia are unclear.


clarify whether AVU is registered as a legal entity in Namibia as legal presence is required by the licensing regime;

start with the application for private operators licence and a broadcasting licence, if content is to be provided by LCs within Namibia;

enter into negotiations with Telecom Namibia to obtain authorisation of voice and international services against a certain fee;

take up discussions with the relevant Ministries to ensure that the AVU is supported by the Government in the implementation of its educational programme in the country and in the discussion with the national Regulator; and

negotiate favourable licence terms and conditions with the national Regulator NCC in order to ensure favourable treatment of the AVU under the new regulatory framework.



3.15 Niger


Telecommunications in Niger are nominally governed by the 1996 Telecommunications Act and by a series of subsequent decrees. In 1996 the telecommunications divisions of the Office des Postes et Télécommunications (OPT) were merged with the international operator Société des Télécommunications Internationales du Niger (STIN) to form SONITEL (Société Nigérienne des Télécommunications), which operated the satellite earth-stations.

However, there has been a gradual breakdown of regulatory authority since the 1999 coup and for the regulation of private networks, prospective applicants will not find much guidance in the existing statutory instruments.

Although in 1999 and 2000 a number of decrees on tariffs, a Multi-Sectoral Agency and other matters were adopted, they still remain without effect, except for tariff rules, which do apply where there is a service they will licence.

In June 2001 the Government established an Authority on Communication, that is still part of the Ministry, having authority over the utility sectors, including telecommunications. The Government began in November 2001 to partially privatise SONITEL.

In practice, private VSAT networks can be authorised and are done by application to the Ministry of Communications.

The following legislation has been issued in Niger with regard to the telecommunications sector:

2000: Arrêté No 74/ A directive granting a licence to Telecel for the operation of GSM cellular services;

2000: Arrêté No 75/ on the granting of a cellular licence to Celtel-Niger SA;

2000: Arrêté No 006/ on the setting telecommunication tariffs;

2000: Décret No 2000-370/ on the Organization of the radio-frequency spectrum;

2000: Décret No 2000-371/ on the procedures for the establishment and review of telecommunications tariffs;



2000: Décret No 2000-399/ on General requirements with respect to interconnection;

1999: Ordonnance 044/ on the establishment and organisation of a multisector regulatory authority;

1999: Ordonnance 045/ Telecommunications regulations;

1998: Arrêté No 59/09/98/ determining conditions for the granting of SOMITEL cellular telephony operation autorisation ;

1997: Arrêté 159 et 160/ on the organisation and functions of DRPT;

1997: Arrêté No 131/8/CC/ laying down the conditions for the issue of authorisation to operate land and cellular telephony;

1996: Ordonnance 96.031/ Telecommunications Act;

1988: Ordonnance 88/042/ on the establishment of the OPT as a public industrial and commercial undertaking;

1988: Décret 81/059/ on the establishment of STIN (Société des Télécommunications Internationales du Niger) ,a semi-public company;

1988: Décret 99/241/ on organisation;

1970: Loi 70/18/ setting up the OPT (an autonomous public undertaking – EPA);

1959: Ordonnance 59/103 creating OPT (EPIC);

1959: Décret 59/104 organising OPT.

The Ministry of Communications is responsible for the regulation of the telecommunications sector having all the necessary powers.

SONITEL is the sole national telecommunications operator, who has a monopoly on just about everything in Niger. The incumbent is benefiting since 2001 from a two-year grace period during which other operators may not enter the market. Besides 1 ISP and 1 international data provider there are 3 mobile operators providing cellular services in the country. SONITEL is also the sole provider of Internet access, although it is not clear whether ISPs could use VSAT to gain independent international Internet connectivity.




At the time of writing this Report, no feedback has been received from the Direction de la Réglementation des Postes et Télécommunications of the Ministry of Communications, who has been sent a Questionnaire with regard to VSAT regulation as well as the specific regulatory treatment of the AVU in Niger. The findings below are based on publicly available information, country studies available to Detecon as well as information and reliable estimation from country experts. They will have to be verified once AVU would start its efforts to apply for a licence in the country.

In Niger VSAT services are allowed, however, there is a monopoly in place on international services.

In case AVU would like to apply for a licence in Niger, it would be treated as a CUG. The licence application must be made by letter to the Ministry of Communications, and with subsequent completion of forms provided by the Ministry after initial application.

It is not clear, whether AVU would be required to have a local corporate presence as precondition for the licence application or not.

It is further unclear:

Whether the licensing regime makes a distinction between a VSAT network and a VSAT service licence;

Whether additional service licences are required;

For how many licences in total AVU would have to apply;

What kind of services can be provided in the country; and

If connection with the public telecommunications network is allowed.

Voice, while not formally prohibited in Niger, is only granted on a case-by-case basis. In any case, AVU would not be allowed to provide international VSAT services because of SONITEL’s monopoly.

As of today the licensing fees to be paid are by way of example as follows: An One-off fee in the amount of 75,000 CFA and an annual fee in the amount of 4,049,000 CFA for a rate of 64 kbps.



It is estimated that the licence application process in case of a CUG licence would take approximately 6 months.


As the current regulatory framework is in the process of being developed and taking into account that the incumbent’s monopoly will expire this year (according to the given information), future licence conditions that will affect VSAT regulation and in particular the regulatory treatment of AVU in Niger are at the time being unclear.


Carefully monitor the actual situation;

Clarify with the Ministry of Communications AVU’s treatment under the current and future legal and regulatory framework;

Clarify what kind of services AVU would be allowed to provide, including video broadcasting, and whether additional licences would be required for the provision of these services in Niger;

Once it is clear how AVU would be treated from a regulatory point of view, to start with the application for a CUG VSAT licence;


Take up discussions with the Government to ensure that AVU is supported by the relevant Ministries in the implementation of its educational and partnership programme within the country;

Negotiate advantageous licence terms and conditions with the Ministry of Communications in order to ensure favourable treatment of AVU under the current legal and regulatory framework.



3.16 Nigeria


The process of structuring and liberalising the telecommunications sector began in 1992. By Degree 75 / 1992 the Nigerian Communications Commission (NCC) was established. Since 1999 the Nigerian Parliament is discussing various versions of a Telecommunications Bill. And at present a new regulatory framework is developed for the Nigerian telecommunications sector. This will probably come into force at the end of 2003 or beginning of 2004.

The following legislation has been issued in Nigeria with regard to the telecommunications sector:

1998: Amendment to the Wireless Telegraphy Decree No. 29, 1961;

1998: Nigerian Communications (Amendment) Decree No. 28;

1998: Wireless Telegraphy (Amendment) Decree No.29;

1995: Decree 21 of 1995;

1992: Nigerian Broadcasting Commission Decree No. 38;

1992: Decree 1992;

1992: Nigerian Communications Decree No. 75.

The NCC is responsible for economic and technical regulation of the privatised sector of the telecommunications industry and its tasks include:

Ensurance of safety and quality of service by determining technical standards and regulating technical execution and performance;

Issue of telecommunications licences;

Type approval;

Interconnection guidelines;

Tariff policy;

Arbitration of disputes.



Throughout the liberalisation most of the successive Ministers have exerted a paramount influence on licensing, and the regulatory authority has mostly acted under the Minister’s explicit or tacit approval. Licences for private VSAT networks, which since 1998 have been granted by the regulatory authority, may be an exception to this, but these licences have been restricted to domestic transmission, with no international rights.

The Nigerian telecommunications regulations is difficult to describe and it seems that competing policies have been present over the 1990s and the first decade of this millenium. For example, a number of VSAT service providers were licensed in the 1990s, and licences to operate private VSAT networks for domestic (not international) use were also granted. Starting in 1999, the Ministry of Communications took the public position that most, if not all, licences to VSAT operators had been granted illegally by the regulatory authority. Despite this position, few licences were revoked, and most VSAT operators continued to operate.

The liberalisation process of the telecommunications market has accelerated in the last two years. The market is rather liberalised in Nigeria with three mobile operators, various VSAT providers and more than 50 licensed Internet Service Providers (ISPs). Recently, licences have been awarded to a Second National Operator (SNO) and Fixed Wireless Access (FWA) operators in Nigeria.

Further the NCC plans to issue new licences for the provision of international data services. In addition, it is intended to permit operators of Closed User Group VSAT networks to apply for licences that enable them to directly access satellites to provide domestic AND international services within the network. However, it is not clear at the moment when these plans become operational.


Upon delivery of this final report, no feedback has been received from the national Regulator, who has been sent a Questionnaire with regard to VSAT licensing as well as the specific regulatory treatment of the AVU in Nigeria. The findings below are based on publicly available information, country studies available to Detecon as well as information and reliable estimations from country experts. They will have to be verified once AVU would start its efforts to apply for licence in the country.



Since 1998 various licences for private VSAT networks have been granted by the regulatory authority. These licences have been restricted to domestic transmission and do not contain international rights.

Although domestic private licences have been generally available throughout the various policy positions, securing one can be a time-consuming and uncertain process. In addition, they are restricted to national data transmission as they do not allow international transmission.

For this reason, most end-users in Nigeria simply enter into a contract with a locally licensed VSAT operator for service provision, and operate their earth stations under such contracts. Fees paid are then those negotiated commercially with the operator for services habitually performed in respect of private VSAT networks (installation, maintenance, space segment, etc.). A one-time registration fee with the regulatory authority of $2,000 per earth station has in the past been applied.

If the AVU were to apply for a VSAT licence, the AVU would be treated as a Closed User Group.

At the time of writing, the new regulation is still under development and the following licensing issues are being discussed:

Issuance of private VSAT network licences was said to be suspended. In practice, it is difficult to say that is has ever been suspended, as persistent and knowledgeable applicants have normally succeeded in securing a private licence, at least for domestic services. However, the licences issued to end-users in Nigeria are written in identical fashion to those intended for service providers and are wholly unsuitable to their purpose for that reason, imposing as they do a series of reporting and service provision requirements that bear no relation to the private VSAT network;

Allowance of private licences for international transmission as well as national service;

Licence fees. For domestic networks, the fees have previously been in the order of 9,295,000N for a ten-year licence depending on licence details.

However, it should be noted that these topics should be considered with care, as regulatory provisions are still being drafted.

The application process can be very time-consuming. A licence award by the regulatory authority can take up to 1 year after application. On the other hand,



commercial arrangement with a licensed VSAT operator, together with a one-time registration fee of $2,000 per earth station, only take a few weeks.


As the new regulatory framework is in the process of being developed, future licence conditions that affect VSAT regulation in Nigeria are unclear.


clarify with the NCC whether the AVU can apply for a private VSAT licence or whether is should obtain services from licensed operators;

start with the application for private operators licence (including international transmission as soon as allowed by the new regulation) and clarify whether additional licences would be required, as e.g. a broadcasting licence, if content is to be provided by LCs within Nigeria; or enter into negotiations with licensed VSAT operators and apply for authorisation of voice and international transmission;


negotiate favourable licence terms and conditions with the national Regulator NCC, if application for a VSAT licence seems feasible, and ensure favourable treatment of the AVU under the new regulatory framework.



3.17 Rwanda


In November 1992 a telecommunications reform Bill was passed in Rwanda. The Bill allowed for the re-organisation of the telecommunications sector and the introduction of a commercial telecommunications operator. By the institutional reforms of the telecommunications sector RwandaTel was created in 1993 as the result of the separation into separate two entities of the Postal and Telecommunications services (PTT).

In 2000 a new Bill was presented to the parliament for approval. This draft law was for the establishment of a regulatory body, covering the telecommunication, water, electricity, gas and transport sectors.

In practice, the Minister of Communications established a Multi-Sectorial regulatory authority in late 2002, which contains a telecommunications department, entrusted with oversight on telecommunications. The Multi-Sectorial agency is empowered to issued private VSAT network licences.

It should be mentioned that the regulatory framework in Rwanda is not well defined by formal legislation.

The following legislation has been issued in Rwanda with regard to the telecommunications sector:

1993 : Arrêté Présidentiel No 85/16 on Telecommunication management licensing;

1992 : Arrêté du 1er Ministre No 8/021/ on organisation and access attributions of the central administration ;

1992 : Loi No 8/92/ on Institutional reform of telecommunications ;

1974: Décret–Loi on Telecommunications.

Unfortunately, there is no information available at the time being on the functions of the newly established Agence Rwandaise de Régulation Multi-Sectorielle, that is still in its infancy.



The major tasks of the Ministry in the field of telecommunications include:

Licensing;

Sector policy and development;

Frequency allocation.

The telecommunications market in Rwanda is characterised by a duopoly of RwandaTel (the incumbent fixed operator) and RwandaCell (the mobile operator; the incumbent is in a joint venture partnership with RwandaCell). It is not known if besides RwandaTel there are other ISPs, VSAT or other licensed providers in the country.


There is no information available on the current VSAT licensing regime. Therefore, it is not possible at the moment to estimate how AVU would be treated in Rwanda from a regulatory point of view.


Taking into consideration what was mentioned above, it is assumed that AVU might at the time being not be able to apply for a licence to operate a private VSAT network in Rwanda. Therefore, it is recommended to the AVU to:


Clarify the regulatory treatment of the AVU (preferably as a CUG) and all other associated issues;

Once AVU’s treatment has been clarified, to negotiate advantageous licence terms and conditions with the Ministry of Communications in order to ensure favourable treatment of AVU under the current legal and regulatory framework.



3.18 Senegal


The 1996 legislation paved the way for an initial reform of the telecommunications sector, but a piece of the solution was lacking in the absence of an independent regulatory body. Under the 1996 law in particular the following sectors were fully liberalised: ISPs, value-added services (VAS) and telecentre operators.

With the passing of the updated Telecommunications Law on the 27 December 2001 a further liberalisation of the telecommunications sector in Senegal was introduced. The key element of the new law is the creation of a quasi-independent regulatory agency under the Presidency, the ART. The new Law supersedes the 1996 telecommunications law, further liberalises a number of telecommunications services, removes some monopoly benefits held by the incumbent operator Société Nationale des Télécommunications du Sénégal (SONATEL) and licenses rural operators.

Under its WTO commitment the Senegalese Government has committed to ending the SONATEL’s monopoly as soon as possible after 31 December 2003, and by 31 December 2006 at the latest. To this end under the terms of the Presidential Decree of November 2002 a new Committee, the Comité de Suivi du Secteur des Télécommunications (CSST), was created, in which the ART will also be represented. The CSST will determine the timeframe of liberalisation and examine the possibility of licensing additional (inter alia mobile cellular) operators from 2004. An additional three-year exclusivity period may be granted to SONATEL depending on the satisfactory fulfilment of the obligations as contained in the concession contract.

The following legislation has been issued in Senegal with regard to the telecommunications sector:

2002: Décret Présidentiel du 27 novembre 2002 giving the Prime Minister the right to formulate a new telecommunications policy;

2001: Loi No 2001-15 du 27 décembre passing an Amendment to the 1996 Code des Télécommunications;

1996: Loi 96.03 du 22 février 1996 Telecommunications Code;



1984: Décret 84/359/ on reorganisation of the Comité National de Coordination des Télécommunications;

1961: Décret 61-442/ on Radio transmitting.

The Telecommunications Law of 2001 gives the Agence de Régulation des Télécommunications (ART) greater powers, but until the ART is fully operational the Direction des Études et de la Réglementation des Postes et des Télécommunications (DERPT) under the direct supervision of the Ministry of Communications will oversee the concession contract under which SONATEL operates. The Ministry had been dismantled during the period of April 2001 to November 2002, during which the DERPT was under the supervision of the Secretary General of the Government. The Ministry was then recreated in November 2002. The ART is answerable to the Office of the President. Its major tasks include:

Effecting the policy of the Government in the field of telecommunications;

Issuance of licences and licensing control;

Spectrum management and frequency allocation;

Approval of tariffs and interconnection rates;

Monitor the fulfilment of universal service obligations by SONATEL and the mobile operators.

Under the Code des Télécommunications SONATEL was granted a seven-year exclusivity on fixed line services, which expires on 31 December 2003. It operates under a 20-year concession contract, granted separately by the Government in 1996, which is monitored by the DERPT. It is planned to liberalise the local telephony, domestic long-distance and international telephony from 1 January 2004.

A major innovation in the new Telecommunications Law is the liberalisation of data transmission, which had been SONATEL’s monopoly. Telecommunications operators and private companies are now allowed to operate their own international VSAT links for data transmission. In the past, they have been required to procure international bandwidth from the national incumbent operator. Call back services are still not allowed under the new Law.



In the absence of a clearly defined regulatory framework VoIP has proved to be a thorny issue. The new Telecommunications Law calls for regulation of IP telephony services and over time should eliminate the SONATEL’s de facto monopoly for IP telephone services.

In Senegal besides SONATEL, that is the sole fixed line network operator, two mobile cellular operators, ISPs, VSAT providers and one paging operator (SONATEL) have been licensed for the provision of the mentioned services.


At the time of writing this Report, no feedback has been received from the ART, who has been sent a Questionnaire with regard to VSAT regulation as well as the specific regulatory treatment of the AVU in Senegal. The findings below are based on publicly available information, country studies available to Detecon as well as information and reliable estimation from country experts. They will have to be verified once AVU would start its efforts to apply for a licence in the country.

Actually there is VSAT competition in Senegal. That means, domestic and international VSAT services can be provided by licensed VSAT operators, and as was mentioned above, telecommunications operators, as well as private companies, are now allowed to operate their own international VSAT links for data transmission.

As far as the licensing regime is concerned, it is not clear whether AVU would require a legal presence in Senegal. In any case, it is assumed that AVU would be treated as a CUG. However, it seems that at the time being AVU would not be allowed to connect its network to the public telecommunications network.

The following issues need further clarification:

Does the licensing regime differentiate between a VSAT network and a VSAT service licence?

What kind of services AVU is allowed to provide in Senegal?

For how many licences in total AVU will have to apply?

The amount of the licensing fees to be paid; and

Whether there are restrictions concerning the direct access to any space segment.



At present there are no application forms available. Normally, it will take approximately 4 months to get a licence in Senegal. However, at the time of writing this Report, the Board of the Regulatory Authority had not yet been named, and no licences were being issued for the time being.

All VSAT terminals require type approval. Further, no information is available regarding the payment of customs duties for the importation of VSAT equipment.


Concluded can be said, that under present regulation AVU can provide national and international VSAT services in Senegal. AVU would not be dependent on the incumbent operator for the provision of these services. However, AVU should before considering location of a Hub in Senegal, settle the question of the possibility to connect its network to the public telecommunications network / Internet Backbone and to connect its LCs to the public telecommunications network in Senegal.


Clarify whether AVU must be registered in Senegal;

Start with the licence(s) application;

Clarify what kind of services AVU would be allowed to provide, including video broadcasting, and whether additional licences would be required for the provision of these services in Senegal;

Clarify potential restrictions with regard to the installation of a Hub in Senegal;

Clarify whether direct access to any satellite is permitted in Senegal;

Clarify the amount of the licensing fees to be paid;


Negotiate advantageous licence terms and conditions with the Regulator in order to ensure favourable treatment of AVU under the current legal and regulatory framework.



3.19 South Africa


South Africa has not deregulated its telecommunications market at the same pace as most of its continental neighbours. The Independent Communications Authority of South Africa Act, 2000 governs the regulatory authority, merging the broadcasting and the telecommunication authorities into one body. The amendment of the Telecommunications Act in 2001 now constitutes the basis for further liberalisation of the telecommunications market in South Africa.

The following legislation has been issued in South Africa to support the restructuring of the telecommunications sector:

2001: Telecommunications Amendment Act 64;

2000: Independent Communications Authority of South Africa Act, No. 13;

1996: Telecommunications Act 103;

1995: Independent Broadcasting Authority Amendment Act.

The Independent Communications Authority of South Africa (ICASA) regulates the telecommunications and broadcasting sector of South Africa and has been established in July 2000, following a merger of the South African Telecommunications Regulatory Authority (SATRA) and the Independent Broadcasting Authority (IBA).

The ICASA operates under the Department of Communications (DoC) and it main functions and responsibilities include among other things:

Setting and monitoring licensing conditions;

Licensing operators;

Ensuring universal service and administering the Universal Service Fund;

Managing frequency spectrum;

Approving telecommunications equipment;

Issuing interconnection guidelines;

Carrying out government policy on telecom sector.



Organigramme ICASA

Regarding licensing issue, there is close co-operation between the Regulator and the Minister of Communications, as the development of policy and licensing functions remains within the responsibility of the Department of Communications (DoC) and all telecommunications services must be licensed by the DoC.

Licence applications for Public Switched Telecommunications Services, cellular services, national long distance and international services and any other prescribed service must be made to the ICASA, which makes a recommendation to the DoC, including any condition which should be imposed on the licensee. All licences for other service are issued by ICASA directly to the applicant.

The process of liberalisation has been rather slow in South Africa. The incumbent of South Africa, Telekom SA, has had a monopoly for public switched telecommunications network and service provision until May 2002. Two private network operators serving Closed User Groups are active in the market, the power utility company Eskom and the railway company Transtel. In addition there are currently three licensed mobile providers: Vodacom, MTN and Cell C.

The fixed line market will become a duopoly shortly, if the Second National Operator (SNO) is licensed. The SNO will be able to provide Voice over IP services, whereas other Value-Added network service providers are prohibited to do so. The duopoly wil remain in South Africa at least until 2005. Further GMPCS services are to be licensed in the near future.



South Africa is one of the only nations in sub-Saharan Africa that has not yet liberalised its satellite sector. At the moment Telekom SA (through PSTS licence) and Sentech (through Multimedia Service licence) are the only providers that are allowed to provide VSAT services within South Africa. The incumbent, Telekom SA further holds a monopoly for international VSAT services. This exclusivity is mainly maintained to protect voice transmission and to hinder bypassing of the incumbent’s network.

The 2001 amendments allow private networks by stating that they are not subject to licensing requirements, save where they interconnect with facilities of an operator licensed for public services. Private networks are permitted as long as:

Facilities and voice services are supplied by Telkom SA;

Private network’s signals transit through Telkom’s international gateway.

Telkom SA is empowered to offer voice on private networks, but has adopted the view over the years that to allow voice on its own private networks would deprive its international voice unit of revenues.


No licensing regime currently exist for VSAT network and/or services and no licences are currently available for two-way VSAT services, as they are to be provided by the licensed PSTS operator (Telekom SA) and the Multimedia Service licensee (Sentech). Currently, Telekom SA is the only operator to provide international VSAT services through its PSTS operator licence.

South Africa is a WTO Member through the Department of Communications. However, no specific commitments to VSAT have been undertaken.

The AVU should preferably have a legal presence in South Africa. There a no foreign ownership restrictions.

Based on the information provided by the ICASA the AVU and its LCs will treated as a organization providing a Private Telecommunications Network (PTN). With a PTN licence only internal voice and data communications can be provided and telecommunications facilities must be obtained from the PSTS operator(s) or the Multimedia licensee. Thus, all infrastructure, including the Hub and VSAT terminals and VSAT services are to be provided by Telekom SA or Sentech.



In addition to a PTN licence the following licences would be required for the provision of AVU’s full range of services:

Broadcast licence for video broadcasting;

VANS licence for two way internet access;

PTN licence for VoIP;

International telecommunication service licence for voice telephony;

Multimedia service or VANS licence for Video-conferencing.

Receive-Only VSAT terminals are considered to be telecommunications radio equipment and would require a licence, or at least type approval, depending on the type of equipment. As VSAT services are provided by licensed operators, a licence for frequency use is not applicable.

Under the PTN licence the AVU network can be connected to the public telecommunications network or to licensed VANS providers / ISPs in South Africa. Further, the hub can be connected to the PSTN or Internet Backbone and international VSAT services can be provided, as long as these facilities and services are provided by an operator licensed in South Africa.

The licensing arrangements for PTN operators and VANS providers are currently under review as part of the Communications Committee review of the Telecommunications Amendment Act. However, it is not clear at the moment how this will influence the position of the AVU, as VSAT services will probably continue to be limited to the PSTS and the Multimedia Service operators.

An international telecommunication service licence and multimedia service licence can only be issued upon an invitation from the Minister. A Broadcast licence is subject to an invitation to apply from the Authority. In order to obtain a VANS and/or PTN licences required information must be provided to the ICASA. The application process for these licences would approximately take 4 weeks. Further, agreements need to be made with licensed operators to obtain required VSAT network facilities and services.

According to the information provided by completed Questionnaire, as received from the ICASA, fees are at present not clear for all licences. However, for VANS and PTN licences, the application fees would be in the order of R 5,000. Annual licence fees for a PTN will be R 10,000.



All other services fees are to be negotiated with the licensed operators on a commercial basis.

All satellite providers are accessible, however only through licensed operators.

In addition to type approval of equipment and terminal components, equipment registration is required. Further, customs duties need to be paid in case equipment is imported.


Concluded can be said, that AVU cannot only apply for a VSAT licence in South Africa as those licences are not available under present regulation. All relevant VSAT network facilities (hub, terminals, etc.) and national and international services are to be provided by the licensed operators: Telekom SA and Sentech. Currently, Telekom SA is the only operator to provide international VSAT services. If the SNO is licensed, it will most probably be granted a PSTS licence on the same terms and conditions as Telkom SA and will be able to provide international telecommunication services.

The AVU and its LCs will treated as a organization providing services to a Closed User Group and should obtain:

Private Telecommunications Network (PTN) licence for internal voice and data communications services;

Broadcast licence for video broadcasting;

VANS licence for two way internet access;

PTN licence for VoIP;

International telecommunication service licence for voice telephony;

Multimedia service or VANS licence for Video-conferencing.

However, international telecommunication service licences, multimedia service licences and broadcast licences can only be applied for upon invitation.

As the AVU is under current legislation not able to run its intended VSAT system independently from the licensed operators in South Africa, it may be considered to use receive-only VSAT terminals (which require an additional licence, or at



least type approval, depending on the type of equipment) in combination with an alternative terrestrial connection to the Internet (hybrid solution). There seems however to be regulatory barriers with regard to hybrid networks in South Africa.

As licensing arrangements for PTN operators and VANS providers are currently under review, future licence conditions that may affect the AVU are unclear.


clarify whether AVU is registered as a legal entity in South Africa as legal presence is preferably;

start with the application for the required PTN and VANS licences and clarify whether an exemption can be made under the current regulation to provide the AVU, as a Closed User Group, with a licence to operate its own private VSAT system;

start negotiations with Telkom SA and Sentech on the provision of VSAT network facilities and services, access to the public network and the provision of international services / internet access, and on the possibility of obtaining favourable conditions (e.g. reduced fees, limited bypassing);

investigate the technical and regulatory possibilities of using one-way VSAT terminals and terrestrial Internet access (hybrid solutions);

take up discussions with the relevant Ministries to ensure that the AVU is supported:

− by the Government in the implementation of its educational programme in the country;

− through an invitation to supply for an international telecommunication service licence and multimedia service licence by the Minister;

− in the discussion with the national regulator;

enter into negotiations with the national Regulator to ensure the AVU is supported through:

− favourable licence terms and conditions for its service provision;

− through an invitation to supply for an broadcast licence by the Regulator, if needed by the AVU in South Africa;

− favourable treatment of the AVU under the current and future regulatory framework in South Africa.



3.20 Tanzania


When the Tanzania Communications Act came into force in 1994, it initiated the restructuring of the Tanzania telecommunications sector by establishing the Tanzania Communications Commission (TCC) and the Tanzania Telecommunications company (TTCL) from the former Tanzania Post and Telecommunications Operation. The Tanzania has been amended in 2001 to give the regulatory authority additional powers.

The following legislation has been issued in Tanzania with regard to the telecommunications sector:

2001: Tanzania Communications Amendment Act, No. 15;

2001: Communication Operators (Licensing) Regulations;

1997: National Telecommunications Policy Statement;

1993: Tanzania Telecommunications Act No. 18.

The Tanzania Communications Commission regulates the telecommunications sector and is responsible for:

Issue of licences;

Allocation and management of frequencies;

Interconnection;

Tariff policies;

Sector monitoring;

Carrying out government policy.

TTCL, the public fixed line operator has a voice monopoly on the mainland of Tanzania for a period of 4 years starting on February 23, 2001. It further operates under a duopoly on the island of Zanzibar with Zantel.

The sector further has five licensed mobile operators (Mobitel, Vodacom, Tritel, Zantel and Celnet), ten licensed data communications operators and seven



Internet service providers (ISPs). At the moment the Regulator considers the market to be competitive and does not intend to issue further major licences, that is for fixed lines and mobile cellular. All other licences such as for internet, payphones and data communication, including VSAT, are available on application.

International VSAT data services are permitted in Tanzania. In addition public and CUG data networks are liberalised, only voice is prohibited.

At the moment IP telephony is not allowed in Tanzania and the Government is currently in the process of investigating the introduction of VoIP services.

The telecommunications market will be further opened after 2005 with the ending of the voice monopoly of TTCL.


Upon delivery of this final report, no feedback has been received from the national Regulator, who has been sent a Questionnaire with regard to VSAT licensing as well as the specific regulatory treatment of the AVU in Tanzania. The findings below are based on publicly available information, country studies available to Detecon as well as information and reliable estimations from country experts. They will have to be verified once AVU would start its efforts to apply for licence in the country.

The AVU would be treated as a Closed User Group and can file a written application to the TCC for a licence, allowing international VSAT data services, excluding voice.

The Commission is required by law to consider a licence application within sixty days and than has to decided whether it grants of refuses the applications.

The duration and renewal of licences varies according to the service provided. For VSAT services, as part of data communication services the licence is granted for a period of 10 years and renewed for an additional duration of 5 years, provided that the licensee is not in material breach of the previous licence conditions.



The following licensing fees would more or less be charged for one earth station and a transmission rate of 64 kbps:

One-time: $5,500

Annual fee: $500


Based on the relatively liberal framework in Tanzania, it is recommended to the AVU to:

start with the application for an international private data licence and clarify whether VoIP would be allowed and additional licences would be required, as e.g. a broadcasting licence, if content is to be provided by LCs within Tanzania;

negotiate provision voice services or an authorisation with the incumbent, if no licence can be obtained for voice services/VoIP;


negotiate favourable licence terms and conditions with the national Regulator TCC in order to ensure favourable treatment of the AVU under the regulatory framework.



3.21 Uganda


With the introduction of the Uganda Telecommunications Act in 1997 the liberalisation and restructuring of the communications sector was initiated. The Uganda Communications Commission (UCC) was established as an independent regulatory body and the Uganda Post & Telecommunications Corporation was broken into two separate entities: Uganda Post Limited (UPL) and Uganda Telecom Limited (UTL). The latter has been established as the national fixed network operator, responsible for delivering telecommunications services to the public.

The following legislation has been issued in Uganda with regard to the telecommunications sector:

1997: Uganda Communications (Amendment ) Act;

1997: Uganda Communications Act;

1996: Uganda Communications Bill.

To meet the liberalisation objectives of the Telecommunications Act the UCC has been given the following responsibilities:

Issue of licences;

Frequency management and allocation;

Type approval;

Interconnection guidelines;

Carrying out government policy.

The telecommunications framework distinguishes between major licence services and minor licence services. Under a major licence one is allowed to offer a full range of services, including: local , national and international PSTN services, cellular services, trunk capacity resale services, satellite communications services, third party private networks, internet services etc.. Whereas minor licences are restrictive and apply to all other services except PSTN and cellular



services. With the passing of the Act the minister grants all major licences, upon recommendation of the UCC. The UCC is empowered to grant minor licences.

The telecommunications market in Uganda one of the most liberalised on the African continent. Shortly after the introduction of the new regulatory framework as second national operator (SNO), called MTN, had been granted a major licence addition to UTL. The two operators, UTL and MTN, have been granted an exclusivity period of 5 years, which began on the 25th of July 2000, to offer a full range of services, covering: basic telephone services (incl. VOIP), cellular communications and satellite services. Only after this exclusivity period the granting of additional major licences will be considered.

Minor licences are fully liberalised and licences can be obtained through applications. The UCC is obliged to announce the applicants to the public before issuing a licence to enhance transparency and to take comments from the public into consideration. So far more than 500 licences have been issued in the areas of spectrum usage, internet, VSAT, international data gateway services, value- added services, private data networks, etc.

The UCC’s approach to VSAT services has been to license a restrictive number of VSAT operators. There are currently five of them, including Uganda Telecom (UTL) and MTN. As one of the VSAT providers is not functionally operational, there are two VSAT providers in addition to UTL and MTN.

Most internet service providers (ISPs) obtain their international connectivity through VSAT, which has met considerable protest from the two fixed-line operators. The argue, that the extensive use of VSATs infringes on the regulations of their basic telephony (voice) licence, because of the possibility offered to subscribers to bypass their services through VoIP. Therefore, the Regulator issued on the 27th of July 2000 a moratorium on awarding any further IDG (or VSAT) licences in the country.


Upon delivery of this final report, no feedback has been received from the national Regulator, who has been sent a Questionnaire with regard to VSAT licensing as well as the specific regulatory treatment of the AVU in Uganda. The findings below are based on publicly available information, country studies available to Detecon as well as information and reliable estimations from country



experts. They will have to be verified once AVU would start its efforts to apply for licence in the country.

While private VSAT networks can theoretically be operated under a licence from the UCC, the UCC’s policy is to deny the issuance of such licences, and oblige users to use one of the licensed VSAT operators.

The AVU would be treated as a Closed User Group in Uganda.

Despite its current ban, the UCC does have a procedure for private VSAT licensing for end-users, which includes a requirement that applications must not be met with any objection by the licensed operators, who enjoy exclusivity until 2005. At the time of writing, only one end-user was known to be operating under a private VSAT network licence. The fact that this licensee is a research institution may be indicative of a readiness on the part of the UCC to treat institutions of learning, such as the AVU, slightly more favourably.

Licence Fees for use of VSAT (single user)

Annual licence fees US $ 2,000

Registration fee US $ 200-560 (one-off fee)

Type approval fee US $ 20 (one-off fee)

It is estimated that an application to the UCC could take about 4 months. Commercial negotiations with a licensed VSAT operator would take about one month.


In Uganda the AVU would be treated as a Closed User Group and is in principle allowed to apply to the UCC for a private VSAT network licence. However, due to the restrictive policy of the Regulator with regard to issuing new VSAT licences, it is recommended to the AVU to:

clarify with the UCC whether the AVU can apply for a private VSAT licence or whether is should obtain services from licensed operators;

apply for a VSAT licence and clarify whether additional licences would be required, as e.g. a broadcasting licence, if content is to be provided by



LCs within Uganda; or enter into negotiations with licensed VSAT operators and if possible apply for voice authorisation;


negotiate favourable licence terms and conditions with the national Regulator UCC, if the AVU can apply for a VSAT licence and ensure favourable treatment of the AVU under current regulation.



3.22 Zimbabwe


Through the Postal and Telecommunications Act, passed by Parliament on September 2000, the liberalisation of the telecommunications market was initiated and a regulatory body was established: the Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ).

The following legislation has been issued in Zimbabwe with regard to the telecommunications sector:

2001: Postal and Telecommunications Regulations (Licensing, Registration and Certification)

2000: Broadcasting Act

2000: Postal and Telecommunications Regulatory Act

1996: Postal and Telecommunications Services Act

The Minister of Information, Post and Telecommunications remains the body responsible for the policy of the sector. The telecommunications sector is regulated by the national Regulator POTRAZ, which is responsible for:

Licensing

Frequency allocation

Type approval

Interconnection

Numbering plan

Tariffs

Since October 2002, POTRAZ has been almost entirely inactive, as its decision-making council has not been replaced. In the interim, the licensing powers are devolved to the Minister.



According to the Telecommunications Act three type of telecommunications licences exist in Zimbabwe:

Cellular Telecommunications Licence

Telecommunications Licence

− Radio communications

− Fixed-line telephone

− Telegraph

− Telex

− Satellite telephone

− Internet

− Email

− Leasing telecommunications lines

− “Other”

Private Telecommunication Licence

The market has been liberalised step-by-step since 1996 and until now competition has been rather limited. Tel*One, formerly known as the Zimbabwe Post and Telecommunications Corporation (ZPTC) is the national operator in Zimbabwe. The introduction of a second fixed line carrier is discussed and a new market entrant is expected to take up operations soon. Further, three mobile network operators have been licensed: Net*One, Econet and Telecel. The issue of a fourth licence has been postphoned.

The domestic and international VSAT licensing regime is unclear as private VSAT networks are theoretically allowed, but the procedure to do so is currently not operational. The 2001 Regulations require applicants to satisfy the authority/Minister that an existing telecommunications licensee cannot provide the service before being granted a licence. The Regulations further forbid VSAT users to transmit voice. This means that the new law is a step backwards from the previous, 1968 enactment, which allowed the national operator to authorise private VSAT networks. Finally, the regulator/Minister’s approach to processing of applications for private VSAT networks has been delay.



At present Tel*One has been licensed for domestic and international satellite services and Econet (Globalink) has been licensed to provide international fixed satellite services.


Upon delivery of this final report, no feedback has been received from the national Regulator, who has been sent a Questionnaire with regard to VSAT licensing as well as the specific regulatory treatment of the AVU in Zimbabwe. The findings below are based on publicly available information, country studies available to Detecon as well as information and reliable estimations from country experts. They will have to be verified once AVU would start its efforts to apply for licence in the country.

The current licensing regime in Zimbabwe is seriously delaying the licensing of additional private parties. Although private VSAT networks are theoretically allowed, the procedure to do so is currently not operational, as applicants must satisfy the authority/Minister that an existing telecommunications licensee cannot provide the specific service before being granted a licence. It is further forbidden to VSAT users to transmit voice.

In Zimbabwe the AVU would be treated as a closed-user group.

The VSAT licensing fees in Zimbabwe for one earth station and a transmission rate of 64 kbps would amount to:

non refundable application fee: Z $ 105,000 ( = US $ 131)

Annual Fees: Z $ 5,673,206 (= US $ 7,078)

As the regulatory authority is almost entirely inactive at present, the licensing powers are on an interim basis devolved to the Minister. At the whole process is characterised by delay, no estimate with regard to possible time-frames can be made.




Although private VSAT networks are theoretically allowed in Zimbabwe, the current licensing regime is uncertain due to serious delays and the absence of operational licensing procedures. Therefore, it is recommended to the AVU to:

clarify with POTRAZ whether the AVU can apply for a private VSAT licence or whether is should obtain services from licensed operators;

apply for a VSAT licence and clarify whether additional licences would be required, as e.g. a broadcasting licence, if content is to be provided by LCs within Zimbabwe or enter into negotiations with licensed VSAT operators and apply for voice authorisation if possible;

take up discussions with the relevant Ministries to ensure that the AVU is supported by the Government in the implementation of its educational programme in the country and in the discussion with the national Regulator; and

negotiate favourable licence terms and conditions with the national Regulator POTRAZ, if licensing is feasible, and secure smooth licence application process and favourable treatment of the AVU under current regulation



4 Advice on best strategies to obtain licences in SSA countries

4.1 Introduction

One of the preconditions for the AVU for operating a VSAT network and offering its full range of services is whether VSAT licences can be obtained within the countries where the AVU has or intends to have Learning Centres.

For this report a Regulatory review has been carried out in 22 countries of Sub-Saharan Africa to establish a reliable picture of the legal and regulatory environment regarding the VSAT licensing regimes in these countries. These 22 SSA countries include according to the ToR: Angola, Benin, Burkina Faso, Burundi, Republic of Congo, Côte d’Ivoire, Democratic Republic of Congo, Ethiopia, Ghana, Kenya, Mali, Mauritania, Mozambique, Namibia, Niger, Nigeria (even not foreseen in the ToR), Rwanda, Senegal, South Africa, Tanzania, Uganda and Zimbabwe.

An extensive review of the existing licensing regimes in these SSA countries has been conducted on the basis of:

Publicly accessible information mainly through desk research;

Country reports available to Detecon;

Information from the Global VSAT Forum (GVF) in London;

Information from local representatives in Africa;

Questionnaire (in English and French) drafted for the national Regulators on the national VSAT licensing regimes;

Contacts with national Regulators (Ministries and Regulatory Authorities).

The following recommendations on best possible strategies for the AVU to obtain licences in the 22 SSA countries are based on our findings of the extensive legal and regulatory analysis and the received Questionnaires, as completed until the 26th of March 2003. So far only 4 filled in Questionnaires have been submitted (namely by the national Regulators from Burkina Faso, Mauritania, Namibia and



South Africa) and taken into account in the development of the recommendations.

In addition to numerous country reports, information obtained from local representatives has proven to be extremely useful to obtain a reliable picture of the complicated mosaic of the different legal and regulatory regimes in the field of telecommunications across the SSA countries. Valuable insights could be provided by them, especially for those countries where limited information on the handling of VSAT systems existed, little information on the websites of the national Regulators has been available and/or new regulation is still in the process of being developed.

Detecon’s advices the AVU to pursue a two-fold strategy to obtain licences in the 22 SSA countries, including:

A general strategy to enhance the awareness among politicians and Regulators in all relevant countries through lobbying and other promotional measures;

Country-specific strategies taking into account the specific licensing requirements and specific features concerning the licensing award process and the regulatory framework in these countries.

These strategies will enable the AVU to:

Streamline lobbying activities and create political awareness in countries where no VSAT licence can be obtained at the time of writing this Report or a new regulatory framework / legislation (primary and secondary) is being drafted;

Successfully apply for licences in the other countries and rapidly start with the provision of its planned services.

4.2 General Lobbying Strategy

To increase the awareness among politicians and Regulators in all 22 SSA countries the AVU should engage itself in lobbying activities and take up discussions with the various Governments in order to ensure that AVU is supported by the relevant Ministries and the Regulator in the implementation of its educational (and partnership) programme within each country.



By placing the AVU on the political agenda, it may become easier for the AVU to obtain favourable treatment in the various legal and regulatory frameworks and to negotiate advantageous licensing terms and conditions with the national Regulators.

Especially, in countries where no VSAT licence can be obtained yet or a new regulatory framework / legislation is being drafted, it is important to create political awareness, which may steer Regulators to a favourable treatment of the AVU and allow the AVU to operate its own VSAT system.

A range of measures are available to the AVU to raise awareness for its promising educational concept:

Develop political involvement to obtain Government support (Lobbying at high political level, including Ministry of Education, Ministry of Communications, etc.);

Participate in intergovernmental and inter-country discussions to “bridge the digital divide” and promote development and education in Africa;

Develop regulatory involvement to ensure favourable treatment under the legal and regulatory framework and to secure favourable licence conditions;

Participate in regulatory discussions during meetings of the ITU, the African Telecommunications Union, WATRA (Western African West African Telecom Regulators Association), TRASA (Telecom Regulators Association of Southern Africa) and other international or regional regulatory institutions;

Provide on its website as much as possible information regarding the educational and partnership programmes, name contact persons who could be contacted by interested parties, etc.;

Hold workshops and participate on conferences, fairs and exhibitions to obtain support from the community and experts.

Once these activities have been initiated throughout Africa it becomes important for the AVU to streamline and monitor them carefully, so that strategies can be adapted rapidly and effectively to changed circumstances.



4.3 Country specific strategy I : negotiate with licensed operators

The investigations show that there are a number of countries among the 22 SSA countries where the AVU has (officially) no possibility to obtain a VSAT licence to operate a VSAT system for its educational programme. One main reason behind the lack of VSAT licences is the existing monopoly on the provision of VSAT network facilities and services. In the following countries VSAT services will have to be provided through the incumbent or other licensed operators:

Ethiopia;

South Africa.

In addition, there are several countries, where the market for VSAT services is (partially) liberalised and licences can be obtained in theory, but the national Regulator is reluctant to issue further licences or licensing procedures are not operational. As a consequence, the AVU is expected to be steered to existing licensed operators for VSAT services in the following countries:

Angola;

Uganda;

Zimbabwe.

It seems that the AVU is likely to face considerable restraints in these countries to deploy its intended VSAT system independently from the licensed operators. Therefore, the AVU should first of all clarify with the national Regulators whether the AVU can apply for a private VSAT licence or whether is should obtain services from licensed operators.

In case the Regulator is willing to issue further licences, the AVU can begin with the application for the required VSAT licence and negotiate favourable terms and conditions (e.g. reduced fees, simplified licensing conditions) with the Regulator

When the Regulator is not willing or able (due to monopoly) to grant a VSAT licence, the AVU should apply for the required licences (e.g. PTN and VANS licences in South Africa) and start commercial negotiations with the licensed providers. Through these negotiations the AVU has to secure the required VSAT terminals and services to evaluate the possibility of obtaining favourable conditions (e.g. reduced fees, limited bypassing allowed).



In these countries it is further recommended to investigate the possibilities of using one-way (receive –only) VSAT terminals and obtaining Internet access via alternative terrestrial infrastructure (hybrid solution).

Last but not least, the AVU should increase its political involvement to obtain Government support for its educational programme and intensify its regulatory involvement to ensure that it may obtain licences in the (near) future and is treated favourably under the regulatory framework.

4.4 Country specific strategy II : “wait and see”

The regulatory review further shows that there are a number of countries among the 22 SSA countries where the regulatory framework is in the process of being developed and/or the current VSAT licensing process is unclear. Therefore, a “wait and see” approach is recommended to the AVU in the following countries:

Benin;

Republic of Congo;

Dem Rep. Congo;

Mali;

Mozambique;

Namibia;

Niger;

Nigeria;

Rwanda.

As long as the final regulation has not been implemented, the AVU has an opportunity to influence the future regulatory framework. Therefore, the AVU should concentrate its efforts in these countries on:

Discussions with the relevant Ministries to ensure that the AVU is supported by the Government in the implementation of its educational programme in the country and in the discussion with the national regulator; and

Discussions with the national Regulator in order to ensure favourable treatment of the AVU under the new regulatory framework



Once the regulatory frameworks reach their final stage and conditions applying to VSAT licensing become more transparent, or even before that stage if indicated for example by the Regulator that the AVU will be treated favourably as a Closed User Group and is allowed to operate its own private VSAT system, the AVU should start to apply for the required licences in these countries.

4.5 Country specific strategy III : start with licence application

The findings of the regulatory review show, that there are a number of countries, where the AVU can obtain a private VSAT licence. In the following countries the AVU can start with the licence application and negotiate favourable licence conditions with the national Regulator:

Burkina Faso;

Burundi;

Côte d’Ivoire;

Ghana

Kenya;

Mauritania;

Senegal;

Tanzania.

In two of the above mentioned countries, Kenya and Senegal, the AVU should consider whether to locate there a Hub. In Senegal this could be facilitated by the liberalisation of the international VSAT data transmission two years ago, hitherto the monopoly of the incumbent operator, allowing telecommunications operators and private network operators to operate their own international VSAT links for data transmission. However, it is questionable whether AVU would be permitted to connect its network to the public telecommunications network / ISPs in the country. As far as Kenya is concerned, AVU should consider to apply in 2004 for an International Gateway licence.

Although the AVU is in most of those countries considered as a Closed User Group, the licence conditions vary considerable among these countries (e.g. only data services/no voice, only national transmission/no international transmission, authorisation of voice and international services against fee etc.). Therefore, it is recommended to apply for licences or extend licence conditions (e.g. Kenya) on a case-by-case basis and to share experiences between these countries. Once the



licences have been obtained by the AVU in these countries, these countries can be used as show cases to convince Regulators and to reduce the time-consuming licence application process in other countries.

Further, negotiations with the licensed providers are likely to be required to obtain necessary services, as for example international services and Internet access. These negotiations may also be used to discuss favourable conditions, as for example, reduced fees, limited bypassing etc.

The restrictions in these countries are mainly based on the concern that the use of VSAT enables bypassing of the incumbents fixed network and thereby undermining their major revenue streams generated by voice services. Therefore, the AVU should get involved in political and regulatory discussions to eliminate those concerns and to obtain favourable licence conditions and to negotiate exemptions/authorisation of services as e.g. voice/VoIP or international transmission.

4.6 Other general issues to be considered by AVU

In addition to the general lobbying strategy and the country-specific strategies, there are a number of crucial issues that should be taken into account and probably require further investigation when the AVU starts with licence application in the SSA countries:

Commercial presence of AVU / Legal Status of AVU / its LCs;

Technical reliability of system: if services are to be provided by licensed operators, or data need to be routed through incumbents’ network/Hub/ VSAT terminals, implying that AVU cannot run an independent system;

Legal and regulatory consequences for the AVU of providing partnership programmes;

Countries where content is produced, a broadcast licence may be required;

Economically feasible business model for AVU concept taking into due consideration by way of example:

− the new AVU concept (including the partnership programme and the provision of its services to all 53 African countries);

− the amount of the licence fees to be paid in all 22 SSA countries;



− the amount of the licence fees to be paid as a result of negotiations with other licensed operators in the countries mentioned above;

− the interconnection charges that have to be paid once interconnection of the AVU with the public telecommunications network(s) will be permitted;

− the type approval fees and the custom duties (should AVU not be tax-exempted because of its non-profit character).

As requested by the AVU, the regulatory review has been conducted for the 22 SSA countries, where the AVU initially had or had an interest to establish LCs for the provision of educational services. As the AVU intends to increase its scope by including the whole African continent, the legal and regulatory situation of the remaining 31 African countries should in addition be reviewed and clarified.



Annex 1 Model Questionnaires



Model Questionnaire in English



Questionnaire for Regulators Licensing of the African Virtual University in the Sub-Saharan African (SSA) Countries

Please complete all sections in the right column

General legal and regulatory framework for VSAT

1. Country (Name of country)

2. VSAT Summary

(Summary of the position for international VSAT services in country)

3. VSAT Competition ?

(Yes / No)



4. Monopoly for international VSAT services ?

(Yes / No)

5. Regulatory Situation

(please give details of the applicable legal and regulatory framework, degree of liberalisation of the telecommunications and satellite sector, etc.)

6. VSAT Legislation

(please give details of the legislation that affects VSAT services)

7. Internet Regulation

(please give details of the legal and regulatory framework that affects Internet regulation in country)

8. WTO Member? (Yes / No)

9. WTO VSAT Commitment?

(Yes/No to indicate if the country has committed itself to liberalisation of VSAT services in line with WTO criteria)



10. Independent Regulator ? (Yes / No)

11. Regulator Details

(Name, address, fax and telephone numbers, Email and Website, if available, contact names)

12. VSAT service definition

(Detail of how a VSAT is defined, e.g. by bandwidth, diameter of dish, ETSI definition, etc.)

Regulatory treatment of AVU

13. How will AVU and the other Learning Centres connected to the AVU network be treated in country? As:

- A Closed User Group ?

- A public telecommunications operator ?

- Other Treatment ?



14. Can the Learning Centres of the AVU’s network be connected to the public telecommunications network in country ? (Yes / No)

15. Can the AVU’s VSAT network be connected to ISPs?

(Yes / No)

16. Can the Hub(s) of the AVU network be connected to the Public Switched Telephone Network (PSTN) / Internet Backbone ? (Yes / No)

17. Commercial / legal presence required ?

(Yes / No

18. Foreign ownership restriction ? (Yes / No)

Licensing Regime

19. Does the licensing regime in country differentiate between VSAT network licensing and VSAT service licensing ? (Yes / No)



20. Requirement for an additional service licence?

(Yes / No)

i) AVU’s VSAT network

21. How is the licensing treatment of the following technical network topology:

- Star network (Learning Centre to Hub only) ?

- Meshed network (Learning Centre to Learning Centre) ?

- Hybrid network (Learning Centre to Hub andLearning Centre to Learning Centre) ?

22. How is the licensing treatment of Hub stations in country ?

23. Do Receive-Only (R/O) VSAT terminal require a Licence ?

(Yes / No)



24. What kind of licences are required for two-way VSAT terminals ?

ii) AVU’s services

25. What kind of licences (individual or general licences) and how many licences are required for the provision of the following services (if applicable):

- Video broadcasting

- Internet Access two ways

- VoIP

- Voice telephony

- Video conferencing



iii) General licensing issues

26. For how many licences in total AVU has to apply for regarding (if applicable):

- VSAT network ?

- VSAT services ?

- Frequency use ?

27. Can AVU provide international VSAT services between:

- The earning Centres in the SSA Countries ?

- The Hub(s) and the Internet backbone ?

(Yes / No)

28. Licence Application Process (where applicable):

- Qualification requirements ?

- Selection criteria ?

- Time period ?

29. Licence application forms available ?

(Yes / No)



30. Major VSAT licence conditions ?

31. Duration of the licence(s)

32. Please name the authorities which grant the licence(s)

Licence(s) Fees

33. Types of fees to be paid:

- Administrative fees ?

- Service licence fees ?

- Spectrum-related fees ?

- Other fees ?

34. Method of fees’ calculation.



35. Licence Fees to be paid:

- One-off

- Per month

- Per year

-

Space Segment

36. Satellite Providers in the country ?

37. Is direct access to any satellite permitted ?

(Yes / No)

38. Different regulatory treatment of:

- C-band Satellites ?

- KU-band Satellites ?



Type Approvals

39. Type approval of terminals required ?

(Yes/ No)

40. Type approval of terminal components ?

(Yes/ No)

41. Is self-declaration of conformity by manufactures allowed ?

(Yes / No)

42. Is an equipment registration required ?

(Yes / No)

43. Customs duties to be paid ? (Yes / No)



Model Questionnaire in French



Questionnaire pour les Régulateurs Attribution de Licence(s) à l’Université Virtuelle Africaine dans les pays de l’Afrique sub-saharienne (ASS)

Remplissez s’il vous plaît toutes les sections de la colonne droite

Cadre législatif et réglementaire général concernant les VSAT

1. Pays (Nom du pays)

2. Résumé concernant les systèmes VSAT

(Faites s’il-vous plaît un résumé de la position relatif aux services VSAT internationaux dans votre pays)

3. Est-ce que les systèmes VSAT sont-ils ouverts à la concurrence ? (Oui / Non)

4. Est-ce qu’il existe dans le pays un monopole pour les services VSAT internationaux ? (Oui / Non)



5. Situation réglementaire actuelle

(Décrivez s’il vous plaît le cadre législatif et réglementaire applicable, le degré de libéralisation du secteur des télécommunications et des satellites, etc.)

6. Législation concernant les systèmes VSAT

(Décrivez s’il-vous plaît la législation relative aux services VSAT)

7. Situation réglementaire de l’Internet

(Décrivez s’il-vous plaît le cadre législatif et réglementaire relatif à la régulation de l’Internet dans le pays)

8. Membre de l’OMC ? (Oui / Non)

9. Est-ce que votre pays s’est engagé auprès de l’OMC par rapport aux systèmes VSAT ?

(Oui /Non pour indiquer si le pays s’est engagé à la libéralisation des services VSAT correspondant aux critères de l’OMC)



10. Est-ce que le régulateur est indépendant ?

(Oui / Non)

11. Détails du Régulateur

(Nom, adresse, numéros de téléphone et de télécopie, adresse mél et site Web, si applicable, contacts chez le Régulateur)

12. Définition du service VSAT

(Précisez s’il-vous plaît comment le service VSAT est défini : par exemple, par la largeur de la bande, le diamètre de l’antenne, sur la base de la définition d’ETSI, etc.)

Traitement réglementaire de l’UVA

14. Comment l’UVA et les autres Centres de formation à distance qui sont connectés au réseau de l’UVA, vont



être traités dans votre pays ? Comme :

- Un Groupe Fermé d’Utilisateurs (GFU) ?

- Un opérateur de réseau public ?

- Autre traitement ?

14. La connexion entre les Centres de formation à distance du réseau de l’UVA et le réseau public de télécommunications dans votre pays est permise ?

(Oui / Non)

15. La connexion entre le réseau VSAT de l’UVA et les fournisseurs d’accès à Internet dans votre pays est permise ? (Oui / Non)

16. La (les) station(s) maîtresse(s) (Hub(s) ) du réseau de l’UVA peut (peuvent) être connectée(s) au réseau téléphonique public commuté / au backbone international Internet ?

(Oui / Non)



17. Une présence commerciale / légale est nécessaire dans votre pays ?

(Oui / Non)

18. Est-ce qu’il y a des restrictions relatives aux droits de propriété détenus par des personnes de nationalité étrangère ?

(Oui / Non)

Le régime d’octroi de Licences

19. Le régime d’octroi de licences dans votre pays fait une distinction entre des licences pour le réseau VSAT et des licences pour la prestation des services VSAT ? (Oui / Non)



20. Une licence supplémentaire pour la prestation des services est requise ? (Oui / Non)

i) Le réseau VSAT de l’UVA

21. Comment les topologies techniques du réseau suivantes sont traitées du point de vue de licence :

- Réseau étoilé (direction : du Centre de formation à distance vers la Hub uniquement) ?

- Réseau maillé (direction: du Centre de formation à distance vers le Centre de formation à distance) ?

- Réseau hybride (direction : du Centre de formation à distance vers la Hub et du Centre de formation à distance vers le Centre de formation à distance)

22. Comment la station maîtresse (Hub) est traitée / les stations maîtresses (Hub(s) ) sont traitées par rapport aux licences ?

23. Un terminal VSAT utilisé uniquement pour la réception nécessite une licence ? (Oui / Non)



24. Quel type de licence est prévu pour les terminaux VSAT bidirectionnels ?

ii) Les services fournis par l’UVA

25. Quels types de licences (licences individuelles ou autorisations générales) et combien de licences sont nécessaires pour la prestation des services suivants (si applicable) :

- radiodiffusion numérique de vidéo par satellite

- Accès à l’Internet bidirectionnel

- Voix sur IP (VoIP)

- Téléphonie vocale

- Vidéoconférence

iii) Questions générales par rapport au régime de licences

26. Pour combien de licences appliquera l’UVA concernant (si applicable) :

- le réseau VSAT ?



- les services VSAT ?

l’utilisation des radiofréquences ?

27. L’UVA est habilitée à fournir des services VSAT internationaux entre :

- les Centres de formation à distance dans les pays de l’ASS ?

- les Hub(s) et le backbone Internet ?

(Oui / Non)

28. La procédure de demande de licence (si applicable) :

- Quels sont les critères de qualification ?

- Quels sont les critères de sélection ?

- Quels sont les délais ?

29. Est-ce que des formulaires de demande de licences sont disponibles ? (Oui / Non)



30. Conditions essentielles attachées à une licence VSAT / les licences VSAT ?

31. Durée de la licence VSAT / des licences VSAT

32. Nommer s’il vous plaît les organismes délivrant la licence VSAT / les licences VSAT

Taxes et redevances dues pour les réseaux VSAT

33. Les taxes et redevances dues pour les réseaux VSAT sont :

- Des taxes et redevances administratives ?

- Des taxes afférentes à la délivrance d’une licence/ autorisation pour la prestation des services VSAT ?

- Des redevances de fréquences?

- D’autres taxes et redevances ?



34. Quels sont les principes de calculation du montant des taxes et des redevances ?

35. Les taxes et redevances sont :

- Exigible une seule fois ?

- Mensuelles ?

- Annuelles ?

Secteur Spatial

36. Opérateur(s) de la capacité spatiale au pays ?

37. L’accès direct à n’importe quel satellite est permis ? (Oui / Non)

38. Les satellites utilisés du type suivant sont traités d’une manière différente du point de vue du cadre réglementaire ?

- Satellites de la bande C ?

- Satellites de la bande KU ?



Attestation de conformité

39. Est-ce qu’ une attestation de conformité pour les terminaux VSAT est requise ? (Oui / Non)

40. Est-ce qu’ une attestation de conformité pour des composantes des terminaux VSAT est requise ?

(Oui / Non)

41. Est-ce qu’ une attestation de conformité par l’équipementier lui-même est permise ?

(Oui / Non)

42. Est-ce qu’ une registration des équipements est requise ? (Oui / Non)

43. Est-ce que des droits de douanes sont dus ?

(Oui / No)



Annex 2 Filled in Questionnaires



Burkina Faso



Questionnaire pour les entités de réglementation Attribution de Licence(s) à l’Université Virtuelle Africaine dans les pays de l’Afrique sub-saharienne (ASS)

Remplissez s’il vous plaît toutes les sections de la colonne droite

Cadre législatif et réglementaire général concernant les VSAT

1. Pays (Nom du pays) Burkina Faso

2. Résumé concernant les systèmes VSAT

(Faites s’il-vous plaît un résumé de la position relatif aux services VSAT internationaux dans votre pays)

La loi n°051/98/AN et l’Arrêté conjoint n° 001/MC/MEF réglementent l’installation et l’exploitation des stations VSAT qui sont soumises à l’obtention d’une autorisation de l’ARTEL

3. Est-ce que les systèmes VSAT sont-ils ouverts à la concurrence ? (Oui / Non)

Non pour les VSAT non ouvertes au public.



4. Est-ce qu’il existe dans le pays un monopole pour les services VSAT internationaux ?

(Oui / Non)

La loi n°051/98/AN confère le monopole des télécommunications internationales ouvertes au public à l’ONATEL jusqu’en 2005. les VSAT ouvertes au public ne sont pas autorisées.

5. Situation réglementaire actuelle

(Décrivez s’il vous plaît le cadre législatif et réglementaire applicable, le degré de libéralisation du secteur des télécommunications et des satellites, etc.)

Le cadre législatif et réglementaire du secteur des télécomms repose sur la loi n°051/98/AN du 04 décembre 1998. Elle a ouvert les télécommunications mobiles à la concurrence. Les télécommunications par satellites qui sont autorisées actuellement sont celles non ouvertes au public.

6. Législation concernant les systèmes VSAT

(Décrivez s’il-vous plaît la législation relative aux services VSAT)

Il n’y a pas de législation spécifique aux systèmes VSAT. Ils sont réglementés par la même loi n°051/98/AN. Les VSAT indépendantes sont soumises à l’obtention d’une autorisation de l’ARTEL et au paiement annuel de redevances.

7. Situation réglementaire de l’Internet

(Décrivez s’il-vous plaît le cadre législatif et réglementaire relatif à la régulation de l’Internet dans le pays)

C’est la même loi n°051/98/AN qui réglementent l’Internet. L’Internet est un service à valeur ajoutée qui est soumis à déclaration auprès de l’ARTEL.

8. Membre de l’OMC ? (Oui / Non) Oui



9. Est-ce que votre pays s’est engagé auprès de l’OMC par rapport aux systèmes VSAT ?

(Oui /Non pour indiquer si le pays s’est engagé à la libéralisation des services VSAT correspondant aux critères de l’OMC)

Non

10. Est-ce que l’entité de réglementation est indépendante ? (Oui / Non)

Rattachée au Ministère chargé des télécommunications.

11. Détails de l’entité de réglementation

(Nom, adresse, numéros de téléphone et de télécopie, adresse mél et site Web, si applicable, contacts chez l’entité de réglementation)

Autorité Nationale de Régulation des Télécommunications (ARTEL) 01 BP 6437 Ouagadougou 01 Burkina Faso

Tél. : +226 33 41 98/99 et 33 16 52 Fax. : +226 33 50 39

Site web : www.artel.bf Email : [email protected]

Directeur Général : M. Mathurin BAKO

12. Définition du service VSAT

(Précisez s’il-vous plaît comment le service VSAT est défini : par exemple, par la largeur de la bande, le diamètre de l’antenne, sur la base de la définition d’ETSI, etc.)

Le service VSAT est défini par la largeur de la bande et le diamètre de l’antenne.



Traitement réglementaire de l’UVA

15. Comment l’UVA et les autres Centres de formation à distance qui sont connectés au réseau de l’UVA, vont être traités dans votre pays ? Comme :

- Un Groupe Fermé d’Utilisateurs (GFU) ?

- Un opérateur de réseau public ?

- Autre traitement ?

L’UVA et les autres centres de formation a distance seront traités comme un Groupe Fermé d’Utilisateurs (GFU)

14. La connexion entre les Centres de formation à distance du réseau de l’UVA et le réseau public de télécommunications dans votre pays est permise ? (Oui / Non)

Non

15. La connexion entre le réseau VSAT de l’UVA et les fournisseurs d’accès à Internet dans votre pays est permise ? (Oui / Non)

Non

16. La (les) station(s) maîtresse(s) (Hub(s) ) du réseau de l’UVA peut (peuvent) être connectée(s) au réseau téléphonique public commuté / au backbone international Internet ? (Oui / Non)

Non



17. Une présence commerciale / légale est nécessaire dans votre pays ? (Oui / Non)

Oui

18. Est-ce qu’il y a des restrictions relatives aux droits de propriété détenus par des personnes de nationalité étrangère ? (Oui / Non)

Non

Le régime d’octroi de Licences

22. Le régime d’octroi de licences dans votre pays fait une distinction entre des licences pour le réseau VSAT et des licences pour la prestation des services VSAT ? (Oui / Non)

Oui

23. Une licence supplémentaire pour la prestation des services est requise ? (Oui / Non)

Oui, lorsque le service par satellite ouvert au public sera autorisé à partir de 2005.

Le réseau VSAT de l’UVA

24. Comment les topologies techniques du réseau suivantes sont traitées du point de vue de licence :

- Réseau étoilé (direction : du Centre de formation à distance vers la Hub uniquement) ?

- Réseau maillé (direction: du Centre de formation à distance vers le Centre de formation à



distance) ?

- Réseau hybride (direction : du Centre de formation à distance vers la Hub et du Centre de formation à distance vers le Centre de formation à distance)

Elles sont traitées indifféremment du point de vue de types de licences

22. Comment la station maîtresse (Hub) est traitée / les stations maîtresses (Hub(s) ) sont traitées par rapport aux licences ?

Si la station maîtresse n’est pas installée dans notre pays, les licences délivrées ne la concernent pas.

23. Un terminal VSAT utilisé uniquement pour la réception nécessite une licence ? (Oui / Non)

Non

24. Quel type de licence est prévu pour les terminaux VSAT bidirectionnels ?

Licence de stations Radio Indépendantes individuelles.

ii) Les services fournis par l’UVA

25. Quels types de licences (licences individuelles ou autorisations générales) et combien de licences sont nécessaires pour la prestation des services suivants (si applicable) :

- radiodiffusion numérique de vidéo par satellite

- Accès à l’Internet bidirectionnel

Pour la radiodiffusion numérique de vidéo par satellite, il faut une licence individuelle.



- Voix sur IP (VoIP)

- Téléphonie vocale

- Vidéoconférence

iii) Questions générales par rapport au régime de licences

26. Pour combien de licences appliquera l’UVA concernant (si applicable) :

- le réseau VSAT ?

- les services VSAT ?

- l’utilisation des radiofréquences ?

Une seule licence par station VSAT

27. L’UVA est habilitée à fournir des services VSAT internationaux entre :

- les Centres de formation à distance dans les pays de l’ASS ?

- les Hub(s) et le backbone Internet ?

(Oui / Non)

Oui, à condition que le réseau VSAT ne soit pas connecté au réseau public commuté.



28. La procédure de demande de licence (si applicable) :

- Quels sont les critères de qualification ?

- Quels sont les critères de sélection ?

- Quels sont les délais ?

Il faut que l’entité qui sollicite l’autorisation soit légalement représentée dans notre pays. L’autorisation ou la licence est délivrée dans un délai d’une semaine après le payement des redevances

29. Est-ce que des formulaires de demande de licences sont disponibles ?

(Oui / Non)

Non (en cours de préparation)

30. Conditions essentielles attachées à une licence VSAT / les licences VSAT ?

Paiement annuel des redevances, pas de connexion au réseau public commuté.

31. Durée de la licence VSAT / des licences VSAT Cinq (05) ans renouvelables

32. Nommer s’il vous plaît les organismes délivrant la licence VSAT / les licences VSAT

Autorité Nationale de Régulation des Télécommunications (ARTEL)



Taxes et redevances dues pour les réseaux VSAT

33. Les taxes et redevances dues pour les réseaux VSAT sont :

- Des taxes et redevances administratives ?

- Des taxes afférentes à la délivrance d’une licence / autorisation pour la prestation des services VSAT ?

- Des redevances de fréquences?

- D’autres taxes et redevances ?

Il s’agit de redevances d’usage du spectre des fréquences radioélectriques

34. Quels sont les principes de calculation du montant des taxes et des redevances ?

Les principes des calculs sont basés sur la largeur de bande occupée et le nombre de stations exploitées.

35. Les taxes et redevances sont :

- Exigible une seule fois ?

- Mensuelles ?

- Annuelles ?

Annuelles



Secteur Spatial

36. Opérateur(s) de la capacité spatiale au pays ? ONATEL

37. L’accès direct à n’importe quel satellite est permis ?

(Oui / Non)

Oui

38. Les satellites utilisés du type suivant sont traités d’une manière différente du point de vue du cadre réglementaire ?

- Satellites de la bande C ?

- Satellites de la bande KU ?

Non

Attestation de conformité

39. Est-ce qu’une attestation de conformité pour les terminaux VSAT est requise ? (Oui / Non)

Oui, mais les attestations de conformité d’autres pays membres de l’UIT sont reconnues



40. Est-ce qu’une attestation de conformité pour des composantes des terminaux VSAT est requise ?

(Oui / Non)

Même réponse que ci-dessus

41. Est-ce qu’une attestation de conformité par l’équipementier lui-même est permise ?

(Oui / Non)

Oui, si un pays membre de l’UIT l’a reconnue et acceptée

42. Est-ce qu’une registration des équipements est requise ?

(Oui / Non)

Oui, conformément aux textes de l’UIT

43. Est-ce que des droits de douanes sont dus ?

(Oui / No)

Oui



Mauritania



Nambia



Questionnaire for Regulators

Licensing of the African Virtual University in the Sub-Saharan African (SSA) Countries



1. Country (Name of country) Namibia

2. VSAT Summary


Special VSAT licence for foreign embassies.

Telecom Namibia has VSAT licences for national use.

Transnamib (railways) has licence for closed user national use.

3. VSAT Competition ? (Yes / No) No




(Yes / No)

Yes (Telecom Namibia)

Note that VSAT is not used for international services at present



a. February 1999 a decision was made to open up the telecommunications sector and to allow additional players. It is envisaged to fully open the market by 2004.

b. The sector has not yet been opened up for competitive fixed line or international gateway operators.

c. Paging services and Internet services are fully open to competition.

d. Telecom Namibia has monopoly for fixed satellite services.

e. Mobile satellite services (GMPCS, Inmarsat) are open to competition.

f. New Telecommunications Bill is currently developed and expected to be passed in 2003

6. VSAT Legislation


No specific VSAT legislation, the new Telecommunications Bill will apply to VSAT as well


(please give details of the legal and regulatory framework that affects Internet regulation in country)

Internet not regulated, must however use Telecom Namibia network at present



8. WTO Member? (Yes / No) In process



In principle, still to be signed

10. Independent Regulator ?

(Yes / No)

Yes, established April 1992



Namibian Communications Commission (NCC)

119 Independence Avenue, Windhoek

Private Bag 13309, Windhoek

Tel.: + 264 61 222666 Contact person:

Fax: + 264 61 222790 Mr Jan Kruger

Email: [email protected] [email protected]

www.ncc.org.na





Not defined at present, safe to use ETSI definition





- Other Treatment ?

Closed user group

14. Can the Learning Centres of the AVU’s network be connected to the public telecommunications network in country ?

(Yes / No)

No, due to risk of break-in/break-out




(Yes / No)

No, not unless AVU is licensed as international public operator (not yet possible due to lack of legislation)


Namibia has no control over connection of hubs in other countries, but is aware of the risk of network bypass through break-in/break-out

17. Commercial / legal presence required ? (Yes / No) Yes, licence should be registered in the name of a legal entity

18. Foreign ownership restriction ? (Yes / No) Ownership restrictions generally apply to public operators only, but see question 17 above.

Licensing Regime


Presumably yes (to be clarified)

26. Requirement for an additional service licence?

(Yes / No)

To be clarified








Each terminal is licensed

At present no differentiation between star, mesh, hybrid topologies


Private operators licence required for Closed User Group


(Yes / No)

Generally no


Private operators licence required for Closed User Group







- VoIP

- Voice telephony


For all international services: International operator/gateway licence required.

Broadcasting requires broadcasting licence and uplink licence

Internet requires no licence if network of public operator(s) is used

VoIP not yet permitted in terms of present legislation

Voice telephony and video conferencing require public operators licence, or private operators licence if used within a Closed User Group



- VSAT network ?

- VSAT services ?

- Frequency use ?

Each VSAT terminal requires private operators licence

Frequency use is included in above (in case of VSAT)

If VSAT network is used for public telecommunications, require public operators licence as well




- The Learning Centres in the SSA Countries ?


(Yes / No)

Current legislation in Namibia not finalised.

May require political sanctioning provided no objection from incumbent fixed network operator Telecom Namibia.

Namibia has no control over connection of hubs in other countries, but is aware of break-in/break-out possibility. If hub is in Namibia, require public operators licence to connect to PSTN or Internet.




- Time period ?

See answer 27 above

Time period: approx. 3 months in case of private operators licence (Closed User Group)


(Yes / No)

Yes

30. Major VSAT licence conditions ?

No international access at present, no break-in/break-out for private national networks, conditions are determined for each individual licence depending on application/use



31. Duration of the licence(s) Private operators licences 5 years, terminals renewable annually


Namibian Communications Commission (NCC)

Licence(s) Fees





- Other fees ?

-

Application fee for private operators licence: N$ 660

VSAT terminal fee: N$ 5280 per 64kbit/s per terminal per year (includes spectrum fee)

Lower fees may be negotiated for higher bandwidths depending on use.

34. Method of fees’ calculation. Per 64kbit/s per year




- One-off

- Per month

- Per year

Per year

Space Segment

36. Satellite Providers in the country ? Telecom Namibia (via Intelsat)

37. Is direct access to any satellite permitted ?

(Yes / No)

Only if licensed




No



Type Approvals

39. Type approval of terminals required ? (Yes/ No) ETSI or South African (SABS) type approval must be proven

40. Type approval of terminal components ?

(Yes/ No)

No

41. Is self-declaration of conformity by manufactures allowed ? (Yes / No)

No

42. Is an equipment registration required ?

(Yes / No)

No

43. Customs duties to be paid ? (Yes / No) Yes

Note:

In the context above, a private operator is an organisation using a network for the exclusive use within that organisation. Private operators do not require a licence except when use is made of radio waves (eg. in the case of VSAT).

A public operator is an organisation licensed to provide telecommunications services (also referred to as a "carrier").



South Africa



Questionnaire for Regulators

Licensing of the African Virtual University in the Sub-Saharan African (SSA) Countries



1. Country (Name of country) South Africa

2. VSAT Summary


Provision of VSAT services are limited to the PSTS operators and Sentech via their multimedia licence.

3. VSAT Competition ? (Yes / No) Only between PSTS and Sentech (Multimedia licensee)




(Yes / No)

Yes



Telecommunications Act (103 of 1996), as amended by the latest Telecommunications Amendment Act 64 of 2001

The fixed line market will become a duopoly shortly, if the Second National Operator is licensed.

Three mobile operators are currently present in SA

Fixed satellite is still a monopoly held by Telkom SA

GMPCS Services are to be licensed shortly.

VOIP is illegal under a Value Added Network Service (VANS) licence

6. VSAT Legislation


PSTS operator licence gives rights to provide international telecommunication services.


(please give details of the legal and regulatory framework that affects Internet regulation in the country)

Internet is a Value Added Network Service (VANS) which requires a VANS licence, bur which also requires a VANS to provide the service by means of the PSTS operators telecommunication facilities, which include VSAT.



8. WTO Member?

(Yes / No)

Yes, through Department of Communications



No specific undertaking yet.

10. Independent Regulator ? (Yes / No) Yes, established July 2000



Independent Communications Authority of South Africa (ICASA)

Pin Mill Farm, Block A, B, C, D, 164 Katherine Street, South Africa

Private Bag X10002, Sandton, 2146, South Africa

Tel.: + 27 11 321 8200 / 8215 (general)

Fax: + 27 1 444 1919 / 321 8547

Email: [email protected]

www.icasa.org.za





None.





- Other Treatment ?

As a person providing a Private Telecommunications Network (PTN). This implies that the person must obtain telecommunication facilities from a PSTS operator.

14. Can the Learning Centres of the AVU’s network be connected to the public telecommunications network in country ?

(Yes / No)

Yes. A Private Telecommunication Network licence will then be required.




(Yes / No)

Yes. The VSAT network would be viewed as part of the person’s PTN. The person may obtain VANS from a licensed VANS provider in South Africa.


Yes, this will constitute interconnection, which in turn would requires a PTN licence.

17. Commercial / legal presence required ?

(Yes / No)

Preferably a legal presence. A person owning a PTN may not use that network to sell telecommunication services, but uses it for purposes principally an integrally related to the operations of the business.

18. Foreign ownership restriction ? (Yes / No) None.

Licensing Regime


No licensing regime presently exists for VSAT. However, in future a telecommunication service licence will be granted, if adopted by Council as the south African regulatory framework does not licence networks per se, but telecommunication services.

29. Requirement for an additional service licence? (Yes /No)

Creation of an additional licence category, which could be subject to an Invitation to Apply from the Minister.








All may require a PTN licence, but at minimum telecommunication facilities of licensed PSTS operators, or Multimedia licensee.


Hub Stations are not currently licensed separately, but are provided by a licensed PSTS operator.


(Yes / No)

As telecommunication radio equipment it would require a licence, or at a minimum type approval depending on the type of equipment that is.


None, provided by licensed PSTS operators.







- VoIP

- Voice telephony


Video Broadcasting – Broadcast licence

Internet Access two ways – VANS licence

VoIP – Private Telecommunication Network (PTN)

Voice Telephony – An international telecommunication service licence

Video Conferencing – A multimedia Service or VANS licence



- VSAT network ?

- VSAT services ?

- Frequency use ?

VSAT – none. Provided by licensed PSTS operator.

VSAT Services – not allowed, unless through licensed PSTS operator or Multimedia Service licensee.

Frequency use – none. Done via licensed PSTS or Multimedia Service providers.




- The Learning Centres in the SSA Countries ?


(Yes / No)

If in South Africa so long as the telecommunication services are provided via operators licensed in South Africa.




- Time period ?

For VANS and/or PTN licences approximately 4 weeks

Use telecommunication facilities provided by licensed PSTS operators.


(Yes / No)

No

30. Major VSAT licence conditions ? N.A.

31. Duration of the licence(s) N.A.


N.A.



Licence(s) Fees





- Other fees?

Approach the licensed operators i.e. Telkom and Sentech.

34. Method of fees’ calculation. Approach the licensed operators i.e. Telkom and Sentech.


- One-off

- Per month

- Per year

Approach the licensed operators i.e. Telkom and Sentech.

Space Segment

36. Satellite Providers in the country ? All satellite providers wanting to provide services, but via licensed operators



37. Is direct access to any satellite permitted? (Yes / No) Yes, but via licensed operators.




No difference

Type Approvals

39. Type approval of terminals required ? (Yes/ No) Yes.

40. Type approval of terminal components ? (Yes/ No) Yes

41. Is self-declaration of conformity by manufactures allowed ? (Yes / No)

No.

42. Is an equipment registration required ? (Yes / No) Yes

43. Customs duties to be paid ? (Yes / No) Yes



Annex 3 Details of Policy Maker and Regulator



Angola

Details of Policy Maker and Regulator

Policy-maker

Name : Ministry of Post and Telecommunications

Address : Av. 4 de Fevereiro, 42/9 étage

City : Luanda

Telephone : +244 2 311 803

Fax : +244 2 310 165

Email :

Website :

Regulatory Authority

Name : Institut angolais des télécommunications (INACOM)

Contact Person :

Address : Av. De Portugal, 92/7 étage

City : Luanda

Telephone : +244 2 338 352

Fax : +244 2 310 165

Email : [email protected]

Website : http://www.inacom.og.ao



Benin


Policy Maker

Name : Ministère de la Communication et de la Promotion des Technologie nouvelles

Address : B.P. 120

City : Cotonou

Telephone: +229 31 22 27

Fax : +229 31 59 31


Website :


Name : Direction de la Politique des Postes et Télécommunications (interim)

Contact Person : M. Amadou Seidou, Directeur de la Politique des Postes et Télécommunications

Address : Ministère de la Communication et de la Promotion des Technologies nouvelles

B.P. 120

City: Cotonou

Telephone : +229 31 43 34

Fax : +229 31 59 31


Website :



Burkina Faso


Policy Maker

Name : Ministère des Postes et Télécommunications

Address : 01 BP 5175

City: Ouagadougou

Telephone : +226 33 73 85/86

Fax: +226 33 73 87


Website :


Name : Autorité Nationale de Régulation des Télécommunications (ARTEL)

Contact Person : M. Mathurin Bako, Directeur Général

Address : 01 BP 6437

City: Ouagadougou

Telephone : +226 33 41 98/99

Fax : +226 33 50 39


[email protected]

Website : http://www.artel.bf



Burundi


Policy Maker

Name : Ministère des Transports, Postes et Télécommunications

Address : Avenue du Commerce no. 60

City: Bujumbura

Telephone : +257 222 923 / 223 100

Fax : +257 226 900


Website :


Name: Agence de Regulation et de Contrôle des Télécommunications

Contact Person: M. Nestor Misigaro, Directeur Général

Address : Avenue Patrice Lumumba no. 360

Telephone : +257 210 276

Fax : +257 242 832


Website :



Republic of Congo


Policy-maker

Name: Ministère des Postes et Télécommunications

Address: B.P. 44

City: Brazzaville

Telephone: +242 811 933

Fax: +242 811 934

Email:

Website:


Name: Administration centrale des postes et télécommunications (D.G.A.C.P.T.)

Contact Person: Directeur Général

Address: Avenue Paul Doumer B.P. 2490

City: Brazzaville

Telephone : +242 811 693

Fax : +242 814 554 / 811 695

Email :

Website :



Côte d’Ivoire


Policy Maker

Name : Ministère des Communications et des Nouvelles Technologies de l’Information

Address: B.P. V6

City: Abidjan

Telephone: +225 20 34 73 15 / 16

Fax: +225 20 21 37 30

Email:

Website:


Name: Agence des Télécommunications de Côte d’Ivoire (ATCI)

Contact Person: M. Kla, Directeur Général

Address: 18 B.P. 2203 Abidjan 18

City: Abidjan

Telephone: +225 20 34 43 74

Fax: +225 20 34 43 75


[email protected]

Website: www.atci.ci



Democratic Republic of Congo


Policy Maker

Name: Ministère des Postes et des Télécommunications

Address: 4484, Av. Huileries

City : Kinshasa

Telephone : +243 12 21 339

Fax: +243 12 880 2332


Website:


Name : Secrétariat Général, Ministère des Postes et Télécommunications

Address: 4484, Av. Huileries

City:: Kinshasa

Telephone : +243 12 21 339

Fax: +243 880 2332

Email:

Website:



Ethiopia


Policy Maker

Name: Ministry of Transport and Communications

Address: P.O. Box 1238

City: Addis Ababa

Phone: +251 1 51 82 92

Fax: +251 1 51 56 65

Email:

Website:


Name: Ethiopian Telecommunications Agency (ETA)

Contact Person :


City: Addis Ababa

Phone: +251 1 53 00 86

Fax: +251 1 53 12 55


Website: http://www.telecom.ne.et/~eta/



Ghana


Policy Maker

Name: Ministry of Communications & Technology

Address: P.O. Box M.38

City : Accra

Phone: +233 21 229870/30672

Fax: +233 21 235800


Website:


Name: National Communications Authority (NCA)

Contact Person :

Address: P.O. C1568 – Cantonments

City: Accra

Phone: +233 21 776621/763434

Fax: +233 21 763449


Website: www.communication.gov.gh



Kenya


Policy Maker



City : Nairobi

Phone: +254 2 729200

Fax: +254 2 726362

Email:

Website:


Name: Communications Commission of Kenya (CCK)

Contact Person :

Address: 5th Floor, Longonot Place Kijabe Street

P.O. Box 14448

City: Nairobi

Phone: +254 2 240 165/173

Fax: +254 2 252 547


Website: http://www.cck.go.ke



Mali


Policy Maker

Name: Ministère de la Communication et des Nouvelles Technologies de l’Information, Gouvernement

Address: B.P. 116 Quartier du Fleuve

City: Bamako

Telephone : +223 222 6016

Fax : +223 222 8319

Email :

Website :


Name: Comité de Régulation des Télécommunications (CRT)

Contact Person : M. M. Camara, Directeur Général

Address: B.P. 116 Quartier du Fleuve

City: Bamako

Telephone : +223 223 1490 / 1491

Fax : +223 223 1492 / 22 37 84


Website :



Mauritania


Policy Maker

Name: Ministère de l’Intérieur, des Postes et Télécommunications

Address : P.O. Box 195

City : Nouakchott

Telephone: +222 525 1547

Fax: +222 525 3661

Email:

Website:


Name: Autorité de Régulation

Contact Person : M. Sidi Abdallah Ould Kerkoub

Address: Ilot z, lot. 014, B.P. 4908

City: Nouakchott

Telephone: +222 529 1270

Fax: +222 529 1279


Website: http://www.are.mr



Mozambique


Policy Maker


Address: Caixa postal 1937

City: Maputo

Telephone: +258 1 4330152/5

Fax: +258 1 431028


Website:


Name: Instituto Nacional das Comunicaçaoes de Moçambique

Contact Person :

Address: Av. Eduardo Mondlane No. 123

City: Maputo

Telephone: +258 1 4901318/319

Fax: 258 1 494435/492728


Website:



Namibia


Policy Maker

Name: Ministry of Foreign Affairs, Information and Broadcasting

Namibia: Private Bag 13344

City: Windhoek

Phone: +264 61 283 9111

Fax: +264 61 251 297


Website: http://www.grnnet.gov.na


Name : Namibian Communications Commission (NCC)

Contact Person : Jan Kruger – Deputy Director

Address: 119 Independence Avenue

Private Bag 13309

City: Windhoek

Phone: +264 61 222 666

Fax: +264 61 222 790


[email protected] (Jan Kruger – Deputy Director)

Website: www.ncc.org.na



Niger


Policy Maker

Name: Direction de la Réglementation, Ministère de la Communication

Address : MCC BP 452

City: Niamey

Telephone : +227 722 874

Fax : +227 733 685


Website :


Name: Direction de la Réglementation, Ministère de la Communication

Contact Person : Directeur de la Réglementation des Postes et Télécommunications

Address: MCC BP 452

City: Niamey

Phone : +227 722 874

Fax : +227 733 685


Website :



Nigeria


Policy Maker

Name: Ministry of Communications

Address: New Federal Secretariat Complex 3, Shehu Shagari Way

City: Abuja

Phone : +234 9 523 7250

Fax : +234 9 523 7249

Email :

Website :


Name: Nigerian Communications Commission (NCC)

Contact Person: Mrs Akiode

Address: Benue Plaza, Plot 72, Ahmadu Bello Way

Central Business District

City: Abuja

Phone : +234 9 2340330

Fax : +234 9 2344589


Website : http://www.ncc.gov.ng



Rwanda


Policy Maker

Name: Ministère des Infrastructures

Address : B.P. 24

City: Kigali

Telephone : +250 82575

Fax : +250 85755

Email :

Website :


Name: Agence Rwandaise de Régulation Multisectorielle

Contact Person : M. Mutemberezi, Directeur Général

Address : B.P. 720

City: Kigali

Telephone : +250 08 300 504

Fax : +250 8 7063


Website :



Senegal


Policy Maker

Name: Ministry of Communications

Address :

City : Dakar

Telephone :

Fax:

Email:

Website :


Name: Agence de Régulation des Télécommunications (ART)

Contact Person: M. Mactar Seck, Directeur Général

Address: 104, Rue Carnot

City: Dakar

Telephone : +221 869 0369

Fax : +221 869 0370

Email :

Website :



South Africa


Policy Maker

Name: Ministry for Communications

Address: Department of Communications, Directorate General

Private Bag X860

City: Pretoria 0001

Phone: +27 12 427 8000

Fax: +27 12 427 8159


Website: http://www.doc.gov.za/


Name: Independent Communications Authority of South Africa (ICASA)

Contact Person: Andries Matthysen (Senior Manager: Licensing,

Enforcement and Numbering Administration)

Address: Private Bag X1

City: Marlboro 2036

Phone: +27 11 321 8215 (General)

Phone: +27 11 3218377 (Andries Matthysen)

Fax: +27 11 321 8547

Email: [email protected] /

[email protected] (Andries Matthysen)

Website: http://satra.gov.za



Tanzania


Policy Maker

Name: Ministry of Communications and Transport


City : Dar-es-Salaam

Phone: +255 22 218 6160

Fax: +255 22 215 6462

Email:

Website :


Name: Tanzania Communications Commission (TCC)

Contact Person:

Address: P.P. Box 474

City: Dar-es-Salaam

Phone: +255 22 211 8947

Fax: +255 22 211 6664


Website : www.tcc.go.tz



Uganda


Policy Maker

Name: Ministry of Works, Housing and Communications


City: Entebbe

Phone: +256 41 320101

Fax: +256 41 320135

Email:

Website:


Name: Uganda Communications Commission (UCC)

Contact Person: Mr. Bugaba Simon (Manager Technical, Licensing and

Standards)


City: Kampala

Phone: +256 41 348830/31/35

Fax: +256 41 348832


[email protected] (Mr. Bugaba Simon)

Website: http://www.ucc.co.ug



Zimbabwe


Policy Maker


Address: Kaguvi Building, 4th Street/Central Avenue

Box CY 595 Causeway

City: Harare

Phone: +263 4 700 693/991

Fax: +263 4 708 225

Email:

Website: http://www.gta.gov.zw


Name: Postal and Telecommunications Regulatory Authority of

Zimbabwe (POTRAZ)

Contact Person:

Address: Block A, Emerald Park 30, The Chase P.O. Box MP 843,

Mt. Pleasant

City: Harare

Phone: +263 4 333 032/48

Fax: +263 4 333 041

Email: [email protected] (Director General)

Website : http://www.potraz.gov.zw

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