REQUEST FOR EXPRESSIONS OF INTEREST (CONSULTING …€¦ · the likely mix of deliverable and time...

REQUEST FOR EXPRESSIONS OF INTEREST

(CONSULTING SERVICES – FIRMS SELECTION)

Federated States of Micronesia

Pacific Regional Connectivity Program 2:Palau-FSM Connectivity Project (P130592)

Loan No./Credit No./ Grant No.: IDA-D0040 / D1880

Assignment Title: Regulatory support to the Federated States of Micronesia

Telecommunication Regulation Authority (TRA)

Reference No. FM-TRA-108767-CS-QBS

The FSM Telecommunication Regulation Authority (“the Authority’) has received financing

from the World Bank toward the cost of the Pacific Regional Connectivity Program 2:Palau-

FSM Connectivity Project, and intends to apply part of the proceeds for consulting services.

The consulting services (“the Services”) include assisting in developing the Authority as a

Pacific leading telecommunications regulatory body, capable of fulfilling its mandate and

responsibilities under its legislation effectively and efficiently in the long-term interests of

users of telecommunications services in FSM.

The contract is for a 3 year period. It is intended to commence in the third quarter of 2019

and end in the third quarter of 2022. The total expected level of effort is around 280 days.

The Consultant is expected to deploy a range of skills, not only to provide quality

telecommunications regulatory support to the Authority, but to proactively assist in ensuring

the Authority’s success as an independent regulator. The Consultant will be expected to

undertake regulatory related functions that might conventionally be expected to be deployed

through management including, full support of the Board in developing, implementing and

overseeing the operation of its regulatory program, developing and monitoring the

Authority’s internal regulatory systems and practices, building regulatory capability within

the Authority and assisting the Authority in engagement of and communication with, its

external stakeholders.

The detailed Terms of Reference (TOR) for the assignment are attached to this request for

expressions of interest.

The FSM Telecommunications Regulation Authority (TRA) now invites eligible consulting

firms (“Consultants”) to indicate their interest in providing the Services. Interested

Consultants should provide information demonstrating that they have the required

qualifications and relevant experience to perform the Services. The shortlisting criteria are:

Minimum of five years’ experience in telecommunication regulation designed to

promote efficient competition, including in one or more of the following: (i)

regulatory design; (ii) regulatory implementation; (iii) operational support for

elements of the regulatory regime (for example cost based interconnection,

licensing terms, service standards, reference offers, consumer protection rules, etc);

and (iv) regulatory evaluation on these or other telecommunication regulatory

related matters. The above work might have been undertaken for a Government,

regulator, market operator (or prospective operator), donor, or some other person

with an interest in telecommunications regulation;

Experience in aspects of telecommunications services, service standards and

benchmarking of standards,

Experience in financial and economic modelling;

Experience in institutional strengthening related work, for example work related to

strengthening operational systems and processes, developing capability to enable

the institution to carry out its’ functions effectively, evaluating performance etc

Key Experts will not be evaluated at the shortlisting stage.

The attention of interested Consultants is drawn to Section III, paragraphs, 3.14, 3.16, and

3.17 of the World Bank’s “Procurement Regulations for IPF Borrowers” July 2016

(“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest.

In addition, please refer to the following specific information on conflict of interest related

to this assignment: Without limitation to the generality of the World Bank’s policy on

conflict of interest, consultants must avoid any conflicts that may arise out of any ongoing or

future engagements with telecommunications providers who seek a license to operate in the

FSM.

Consultants may associate with other firms to enhance their qualifications, but should

indicate clearly whether the association is in the form of a joint venture and/or a sub-

consultancy. In the case of a joint venture, all the partners in the joint venture shall be

jointly and severally liable for the entire contract, if selected.

A Consultant will be selected in accordance with the Quality Based Selection Method set

out in the Procurement Regulations.

Further information can be obtained at the address below.

Expressions of interest must be delivered in a written form to the address below (in person,

or by mail, or by e-mail) by 26 June 2019.

Takuro Akinaga

Chief Executive

Telecommunication Regulation Authority

Ph: +691 320 2812

Email: [email protected]

Postal Address:

FSM Telecommunication Regulation Authority

P.O. Box 1919 Pohnpei FM 96941


By hand:

Attention Takuro Akinaga

Chief Executive FSM Telecommunication Regulation Authority

Suite 1A, Varner-Boylan building

PohnUmpomp, Nett Municipality

Pohnpei FM 96941


and Cc: Anfernee Mallarme

[email protected]

TERMS OF REFERENCE

FEDERATED STATES OF MICRONESIA (“FSM”)

REGULATORY ADVISER TO THE FSM TELECOMMUNICATION

REGULATION AUTHORITY

1. BACKGROUND

In 2014 the FSM enacted the FSM Telecom Act of 2014, PL 18-52 (the “Act”) with the objective

of liberalizing its telecommunications sector and establishing an independent telecommunications

sector regulator, the Telecommunication Regulation Authority (the “Authority”).

Currently the FSM has only one provider of retail telecommunication services –the FSM

Telecommunications Corporation (FSMTC). FSMTC is a retail service provider with copper and

some fibre fixed line and mobile. The Act also established an open access entity, the FSMT

Cable Corporation (OAE) which has interests in, and operates, the cables landing at Yap, Chuuk

and Pohnpei. It will also have an interest in the EMC system and operate the cable which is

expected to land in Kosrae in 2021.

The Act sets out various objectives that it aims to achieve through the work of the Authority:

chiefly to provide transparent and neutral regulation which focuses on promoting the long-term

interests of users; provide conditions for effective competition among service providers in the

FSM; encourage efficient and sustainable investment in communications networks and services;

provide a licensing regime which promotes entry of new licensees; provide efficient use of

communications facilities and cost-based interconnection and access on an equitable and non-

discriminatory basis; protect the interests of consumers and regulate prices; and promote the

development of, and access to, communications in FSM.

The Authority has commenced work. It has developed an initial business plan which prioritises

and sequences activities focused on strengthening the Authority as an institution to enable it to act

credibly, confidently and consistently as well as developing sound market frameworks and

practises that will advance its regulatory objectives.

The Authority has identified a sequenced series of market strengthening actions for the next few

years initially focused on establishing rules for facilitating a competitive market, developing data

and information reporting obligations to enable the Authority to monitor and assess the impact of

relevant market practices, and then focusing on retail prices and services and consumer complaints

procedures.

The Authority has identified that a key component of both its own institutional strengthening as

well as its market strengthening work program is the procurement of a regulatory advisor firm

(the “Consultant”) to support it over the period 2019 to 2022. The Authority has signed a Project

Agreement with the World Bank and a Subsidiary Agreement with the FSM Department of

Finance and Administration under which the Authority has been financed for medium-term

technical assistance for sector regulation and developing key capacities.

This TOR outlines: the scope of services the Authority is seeking from a firm regulatory adviser;

the likely mix of deliverable and time based tasks; an indicative time frame of priority work to be

undertaken for the Authority; and the profile and experience that the Authority is seeking from

potential applicants.

2. OBJECTIVES OF THE ASSIGNMENT

The objective of this assignment is to assist in establishing the Authority as a Pacific leading

regulatory body, capable of fulfilling its mandate and responsibilities under the Act effectively

and efficiently in the long-term interests of users of telecommunications services in FSM.

The contract is for a 3 year period. It is intended to commence in the 3rd quarter of 2019 and end

in the third quarter of 2022. The length of the contract is intended to enable the Consultant to

work with the Authority through a regulatory cycle of:

determining and implementing market licensing and wholesale market rules aimed

at facilitating a competitive market;

developing awareness and understanding of the new regulatory regime both

domestically and internationally by prospective new entrants;

oversee the emergence of one or more new entrants including approving licensing

terms;

addressing any non-compliance that might adversely impact on the long term

interests of users;

establish appropriate processes and approvals relating to services and prices of the

dominant service provider in accordance with the requirement of the Act;

establishing consumer service standards, consumer complaints process, relevant

monitoring and reporting, and assessing the early effectiveness of that programme;

and

measuring and monitoring core sector statistics and indicators, and reflecting in

the future work programme the learnings from those statistics and indicators

Success for the FSM at the end of the three year cycle would be measured by:

the emergence of effective competition in retail services with discernible and

sustainable improvements in services (quality and access) and prices;

a culture of compliance established, with confidence by market operators in the

neutral application of the rules;

consumers and stakeholders are able to see the benefits of regulation and develop

confidence in the work of the Authority.

The Authority will have a limited number of staff in the initial years. There is no history of

independent regulators in the FSM and no history of competition in the telecommunications

sector. Given this, the Authority staff will have limited experience of regulatory roles generally

or development of competition within the telco sector.

The Consultant is expected to deploy a range of skills, not only to provide quality regulatory

support to the Authority, but to proactively assist in ensuring the Authority’s success as an

independent regulator. The Consultant will be expected to encompass skills, activities, and a

service aptitude that might conventionally be expected to be deployed through management

functions including building regulatory capability within the Authority, developing and

monitoring the Authority’s regulatory systems and practises, assisting the Authority in

engagement of and communication with, its external stakeholders and overall pro-actively

assisting in progressing the goals of the Authority..

Fig One below outlines the Authority’s organisational functions. The operating functions will

largely be undertaken by the Authority without the need for support from the Consultant.

Conversely the legal/regulatory functions, the strategy/comms/consumer/stakeholder functions,

the governance matters relating to the regulatory functions (board papers, consultation papers,

drafting instruments of regulation e.g. rules, determinations, notices, decisions etc. and preparing

public statements for the Authority members to make explaining the Authority’s actions), and

much of the technical activities (spectrum, numbering, interconnection, sharing, access) will

require substantial support from the Consultant.

3. SCOPE OF SERVICES AND DESCRIPTION OF TASKS

i. Context for the Assignment

The Consultant will report to the Authority. The Consultant will work under the direct guidance

of and be accountable to, the Chief Executive of the Authority (“CE”). The CE is also the Chair

of the Authority’s governors (the Members) and as such is the single point of contact both for

Executive and Member functions.

The Consultant will also work closely and collaboratively with key members of the Authority

staff (particularly the newly appointed legal and regulatory officer) as well as with any other key

consultant that might be assisting the Authority from time to time.

It is anticipated that by the time the Consultant commences its assignment the Authority will

have:

promulgated rules adopting the operator and spectrum licensing provisions of the Act

including wholesale pricing principles, access and interconnection rules and

regulations,),and some core consumer protection requirements, with a view to aligning

FSM with international best practice;

a licensing framework including licenses and authorizations (fixed and mobile operators,

ISPs, etc.), a table of license fees aligned with the budget needs of the TRA, a procedure

for granting licenses and for new services and service providers;

recently issued licenses to both the FSMTC and OAE.

In addition to the work programme that should be completed by the time the Consultant

commences, the Authority has also prioritised and sequenced its regulatory programme over a

further 15 month period (2019 to 2020). This prioritisation and sequencing is reflected under the

heading “Description of Tasks” below. An early task of the Consultant will be to review the

initial proposed work programme as part of the Consultant developing a 3 year rolling regulatory

work programme for the Authority. This might mean that the sequencing of tasks, and possibly

the nature of some of the tasks themselves, might be amended at the commencement of (or early

on in) the contract by agreement between the Authority and Consultant.

ii Scope of Services

The Consultant will be expected to support the Authority on:

Strategic advice to the Authority around the prioritising and sequencing of the

Authority’s regulatory functions including the development, monitoring and updating of

a 3 year rolling regulatory work programme;

Identifying operational systems and processes (including licensee reporting requirements

and monitoring and assessing of the reported information) that the Authority will need to

develop in order to effectively discharge its regulatory work programme, making

recommendations to the Authority on any investment needed to implement such systems

and processes (staffing requirements, operational processes for collecting, reviewing,

and acting on information received, and if technology solutions are required supporting

the Authority with assessing, from a regulatory effectiveness perspective, any

technology solutions proposed by a technology provider) and support the Authority with

implementation and monitoring of its effectiveness;

Progressing each element of the regulatory work programme including:

o obtaining and analysing the relevant information to determine the appropriate

actions for the Authority;

o identifying the requirements for implementing such actions including

operational requirements for the Authority;

o developing the necessary instruments for implementation, preparing the relevant

papers and recommendations for the Authority to determine, and if thought

appropriate approve, the recommended course of action;

o assisting the Authority with consultation on proposed actions, including

preparing relevant consultation material, identifying the feedback being sought,

attending and supporting the Authority during any key consultation engagements

(including with potential new entrants if appropriate) analysing and advising the

Authority on the implications of consultation feedback;

o supporting the Authority on the implementation of the approved actions and

monitoring of the success or otherwise (e.g. market understanding, market

compliance, potential new entrant issues with the regulatory regime or its

application) of the actions undertaken and assessing relevant follow up actions;

o assisting the Authority on the implementation of spectrum management and

monitoring.

Supporting the Authority on engagement with the incumbent operator to assist

awareness, understanding and compliance with the new regulatory regime, engagement

with potential new entrants to provide understanding of the regulatory regime;

supporting the Authority with relevant public and stakeholder engagement;

Advising the Authority on a regulatory compliance strategy and the role of monitoring,

reporting and enforcement, supporting the Authority in any proposed enforcement action

or other legal proceedings where the Authority is named as a party, including assisting

the Authority with instructions to the relevant legal agents and providing such regulatory

support information that might be required in those proceedings. The Consultant is not

expected to provide legal litigation expertise nor to provide legal advice related to, or in

contemplation of, litigation. These will sourced by the Authority as required, but the

Consultant will be expected to provide relevant regulatory expertise support to the

litigation personnel;

Assisting the Authority with regulatory inputs into its accountability obligations,

including relevant elements of its annual report (e.g. current market assessment

material), budget (ensuring its budget is aligned with its regulatory work programme),

license fees expenditure reporting;

Building the Authority’s regulatory capability in agreed areas including: produce a

regulatory capability building programme for consideration by the Authority identifying

functions where it is efficient or appropriate for the Authority to have internal regulatory

capacity to deliver (e.g. in-country spectrum monitoring, consumer protection issues

and complaints handling, landowner issues) including the reasoning and costings, the

type of support required to build and support capability over time, and where agreed by

the Authority support capacity building including through developing relevant role

descriptions, KPIs, developing procedures to support functions in those roles, designing

relevant templates, undertake training for the relevant individuals in those roles, and

monitor and provide constructive feedback on quality and timeliness of outputs and areas

for further development and training.

iii Description of Tasks

The Consultant contract will be a mix of agreed deliverables and time based funding.

During the first 15 months of the Contract the Authority will be undertaking a largely

proactive agenda, based on the Authority’s requirements under the Act and the

Authority’s assessment of the priorities in the FSM market.

Nonetheless even during the first 15 months the Authority recognises there will also be

reactive work arising out of either the incumbent market operator’s approach to the

proposed work programme (which will have an impact on the incumbent) and/or

proposed new entrant issues including early emergence of a new entrant. In the

remainder of the contract the Authority is more likely to be dealing with matters that are

difficult to predict with certainty at the time of drafting this TOR.

For these reasons the Authority is proposing, as an indicative guideline at this stage, that

for the first 15 months of the Consultant contract approximately 80 percent of the

allocated funding will be based on deliverables and 20 percent on a time incurred basis.

For the second half of the contract the Authority is proposing that the contract will be

based on a time in attendance basis.

For the first 15 months of the contract the following tasks are likely to be required. The

sequencing and quarterly timing indications are at this stage indicative only and are

intended to provide an understanding to the Consultant on the type, scope, and intensity

of activity the Consultant is expected to undertake. While some of these tasks have been

broken down into component parts to assist understanding, these are not intended to be

exhaustive. Rather for each of these tasks the Consultant will be expected to undertake

all the relevant component parts consistent with the full range of required services

expected of the Consultant (see Objectives of the Assignment and Scope of Services

above.)

A. 4th quarter of 20191:

i. Consultant to review existing legal framework including the relevant legislation,

regulations and instruments (license-framework and license terms and fees,

interconnection, wholesale access, spectrum, coverage obligations, customer

protection) and provide advice to the Authority on any proposed changes to the

legal framework and instruments, and a pathway for implementation including

extent, type and process for consultation (including whether to consult potential

new entrants);

ii. Consultant to review proposed regulatory work programme (including the

indicative 15 month work programme set out below) and prepare first 3 year

rolling regulatory work programme for the Authority to assess, and subject to

feedback finalise for the Authority’s approval;

iii. Consultant to provide strategic advice to the Authority on key challenges and

suggested mitigation strategies for successful implementation of the regulatory

work programme;

iv. Consultant to report to the Authority on any systems and processes that the

Authority will need to develop in order to effectively inform its regulatory work

programme (e.g. relevant benchmark metrics against which to assess wholesale

and retail service standards, data relating to the dominant provider’s retail

services and prices, consumer complaint processes and the appropriate methods

for categorising and analysing consumer complaint data and trends), and make

1 Assumes Consultant contract signed no later than 30 September 2019. An earlier or later signing will see

changes to the timing of tasks. Sequencing of tasks to be revisited during negotiation of successful

tenderer’s contract.

recommendations to the Authority on any investment needed to implement such

systems and processes;

v. Consultant to provide advice on whether TRA should proactively engage with

potential new entrants and, if so, a suggested approach to such engagement

including potential target operators, timeframes, proposed nature of that

engagement (for example standard regular communication providing market

updates versus targeted visits etc.).

B. .First quarter of 2020:

i. Consultant to assist with any follow up engagement related to establishing

understanding and compliance with the new regulations and licensing

requirements; Consultant to assist with external communication of the new

requirements;

ii. Consultant to provide advice to the Members on initial areas of compliance by

licensees with the new regulatory requirements (including implementation of the

required consumer protection standards) and where there are areas of low or

noncompliance or low effectiveness, advise on an operational strategy for lifting

compliance or effectiveness including what stops the TRA should take including

enhanced monitoring of licensee/reporting requirements of licensee, what

actions, resourcing, and reporting requirements are required of the licensee/s;

iii. Consultant to propose to Members’ suggested outline of regular Member reports

(for example 6 weekly “traffic light” report) for monitoring the regulatory work

programme including proposed performance metrics relating to the Authority’s

regulatory functions that will enable the Authority to assess and monitor its

effectiveness;

iv. Consultant to produce a regulatory 2020-2022 capability building programme for

consideration by the Authority including identifying functions where it is

efficient or appropriate for the Authority to have internal regulatory capacity to

deliver, including the reasoning, sequencing and costings, the type of support

required to build and support capability over time, as well as ongoing

development of Members understanding of regulatory role;

v. Consultant to provide to the Members the first regulatory work programme

traffic light report outlining the status of the regulatory work programme and

relevant reporting against performance metrics and thereafter regular reporting

on a periodic basis agreed with the Authority;

vi. Consultant to oversee the implementation of any potential new entrant

engagement/communication strategy including international survey of likely

participants appetite for entry, identifying areas of likely concerns and actions to be

taken (either by TRA or as a recommendation to the FSM Govt) to ameliorate

perceived concerns etc.

vii. Consultant to prepare an Operations Manual to enable the TRA to give effect to its

functions under the regulatory framework.

C. Second quarter of 2020

i. Consultant to oversee the 2020 implementation of any approved systems and

processes that the Authority will need to develop in order to effectively inform its

regulatory work programme including training staff members in applying the

Operations Manual;

ii. Consultant to oversee the implementation of the approved operational strategy

for lifting licensee/s compliance with the regulatory regime;

iii. Consultant to report on new entrant engagement strategy and results of market survey

of likely new entrant’s appetite for entry into market and resulting initiatives or

actions required of TRA or the FSM Government;

iv. Consultant to oversee 2020-2022 capability building programme including

developing relevant role descriptions, KPIs, developing procedures to support

functions in those roles, design relevant templates, undertake training for the

relevant individuals in those roles including training materials for the individuals

to use for future reference including secondments (if any) from the Consultant’s

firm to the TRA, and monitor and provide constructive feedback on quality and

timeliness of outputs and areas for further development and training;

v. Consultant to advise the Authority on:

The appropriate regulatory requirements and processes or instruments to

achieve those requirements, to enable the Authority to meet its functions under

the Act in respect of the Dominant Service Provider (currently FSMTC) and

customer fair dealing obligations (e.g. establish information protocols with

FSMTC relating to the Authority’s Dominant Service Provider functions and

approval or waiver role in relation to FSMTC’s retail offer terms and

conditions, pricing, relevant service standards);

Operational implications for the Authority including processes and capability

building to enable the Authority to monitor and address the Authority’s

functions under the consumer protection rules/Dominant Service Provider

reporting obligations to the Authority /Authority’s approval functions in

relation to retail tariff and services.

vi. Consultant to develop regulatory requirements for the Authority to give effect to its

Dominant Service Provider functions and fair dealing obligations including what

information will FSMTC be required to provide to the Authority;

vii. Consultant to support the Authority with engagement (formal consultation or otherwise

with FSMTC) on the Dominant Service Provider and fair dealing requirements

including what information will FSMTC be required to provide to the Authority;

D. Third quarter of 2020:

i. Consultant to assist Authority on annual report including preparing the market

assessment material required for the annual report;

ii. Consultant to assist with implementing requirements for FSMTC reporting obligations

to Authority in respect of its Dominant Service Provider and fair dealing obligations

including assisting with external communication of the new requirements, working

with FSMTC on its processes and reporting requirements to the TRA;

iii. Consultant to assist with any follow up engagement related to establishing

understanding and compliance with the new Dominant Service Provider requirements;

iv. Consultant to oversee implementation of processes and capability building to enable

the Authority to monitor and address the Authority’s functions in relation to the

Dominant Service Provider/fair dealing reporting obligations to the Authority and the

Authority’s approval functions in relation to retail tariff and services;

E. Fourth quarter 2020

i. Consultant to report to Authority on the 2020 implementation of systems and

processes needed for the Authority to effectively inform its regulatory work

programme and any further changes required looking forward;

ii. Consultant to provide updated Operations Manual to reflect additional functions

and learnings from the Authority’s performance over 2020

iii. Consultant to report to Authority on 2020 capability building programme and the

forward looking programme;

iv. Consultant to provide 3 year rolling regulatory work programme up date for Authority

to approval;

v. Consultant to provide regulatory work programme traffic light report and any

suggested changes to reporting for the 2021/2022 year;

vi. Consultant to report on progress of the strategy for lifting licensee/s compliance

with the regulatory regime and further steps and enhancements needed to be

made;

vii. Consultant to report on progress under new entrant engagement strategy.

To be developed as part of contract negotiation.

4. FUNDING APPROACH AND DELIVERABLES

The following tasks will be paid on a deliverables basis and the Consultant will be paid upon

acceptance of deliverables. The work payment percentages and expected delivery dates are

specified in the table below. The Consultant will be expected to complete at least 7 in-country

visits to Pohnpei as a necessary part of completing the tasks outlined for the first 15 months.

Payment for travel (including any domestic FSM travel required of the Consultant) and in country

living expenses will be based on an agreed fixed amount per trip. Living expenses will be based

on Government of FSM’s per diem rates. Outside of these matters the Authority is not intending

to pay any other work related disbursements of the Consultant.

The level of effort for the first 15 months is approximately 140 days (full time equivalent for one

person) reflecting:

112 days relating to the deliverables (see indicative deliverables in table below) and 28

days relating to the remaining 20% time based funding;

Of these total amount of days a minimum of 70 days are likely to be related to in country

visits and the remainder days out of country work.

Reflecting the fact that an essential feature of the Consultant’s role will be to encompass skills,

activities, and a service aptitude that might conventionally be expected to be deployed through

management functions, the Consultant will be expected to deploy a significant amount of its time

in working alongside the TRA in the FSM in order to effectively build capability within the TRA,

implement processes and systems to support the TRA, and engage effectively with licensees and

other stakeholders to ensure a strong culture of understanding of, and compliance with, the

regulatory requirements.

Deliverable Due date

1. Consultant to prepare first 3 year rolling regulatory work programme

for approval by Authority, recommendation and supporting material

for any changes to the Act or the rules for approval of Authority;

advice on key challenges and suggested mitigation strategies for

successful implementation of the regulatory work programme; report

on systems and processes that the Authority will need to develop in

order to effectively inform its regulatory work programme; and

outline of traffic light report for Members to monitor work

programme implementation.

Contract date plus 1

month

2. Consultant to provide report on potential new entrants’

engagement strategy.


months

3. Consultant to provide report on: licensees compliance with

regulatory requirements and operational strategy for lifting

compliance or effectiveness; regulatory 2020-2022 capability

building programme for approval by the Authority; Consultant to

get TRA approval of Operations Manual.


months

4. Consultant to report on potential new entrants’ appetite for entry,

and resulting initiatives undertaken by Consultant/required by TRA

or the FSM Government. Incorporates all relevant lead in tasks

including B vii above.


months

5. Consultant to provide recommendations and final form of supporting

materials for Authority to implement requirements for FSMTC

reporting obligations to Authority in respect of its Dominant Service

Provider and fair dealing obligations. Consultant to assist with external

communication of the new requirements and implementation of the

TRA’s relevant systems and training. Incorporates all relevant lead in

tasks including C v, vi and vii, and D ii, iii and iv, above.

Contract Date plus

12 months

6. Consultant reports to Authority on 2020 implementation of

regulatory systems and processes; updated Operations Manual;

2020 capability building programme; 2021 forward 3 year rolling

regulatory work programme; report on progress of the strategy for

lifting licensee/s compliance with the regulatory regime and further

steps and enhancements needed to be made. Incorporates all relevant

lead in tasks including C i, ii and iv, E i,ii, iii, iv above and all relevant

training, mentoring, development of relevant information packages,

templates, systems and processes and oversight work relating to the

effective support of these programmes.

Contract date plus

15 months

7. Consultant report to Authority on any changes to the 2021/22

traffic light reports. Incorporates all relevant lead in tasks

including the agreed regular traffic light reports provided to the

Authority up to this date.

Contract Date plus

15months

For tasks required in the remainder of the contract (for the period 1 January 2021 to 30 September

2022) a further 140 days of work has been allocated, payable on a time incurred basis. The

Consultant will be expected to complete at least 7 in-country visits to Pohnpei, for a minimum of

70 days, as a necessary part of supporting the Authority during the second half of the contract.

Time based payments throughout the term of the contract will be paid on a daily rate agreed in the

contract. The amount of time required for tasks to be paid on a time basis will be agreed with the

Chief Executive in writing prior to the commencement of work on an agreed activity. Time

based work shall be invoiced monthly with a narrative of outputs and time incurred to deliver

those outputs.

The Consultant will be responsible for ensuring that all work is consistent with FSM law, but

accepting that certain matters relating to the Consultant’s work may raise issues where legal

certainty cannot be reasonably ascertained. In the instances where legal validity is not reasonably

ascertainable, the Consultant must advise the Authority of that fact, the reasons why legal

certainty is not reasonably ascertainable, the relevant legal risks for the Authority and the

recommended course of action.

5. DATA, SERVICES, PERSONNEL, FACILITIES PROVIDED

The Consultant shall report to the Chief Executive of the Authority. The form and substance of

the reporting will be agreed between the Consultant and the Chief Executive.

When in attendance in the FSM, the relevant representatives of the Consultant will be based in

the Authority’s office in Pohnpei. The Consultant representatives will provide their own

computer, and initially at least their own software and data backup facilities.

The Authority is newly established. It currently consists of:

The CE who is also chair of the Members: The CE has previous extensive experience as

the former chief executive of FSMTC (completed that role some10 years ago). The CE

does not have any regulatory experience;

One other Member –who has extensive telecommunications operational and financial

experience as the former CFO of FSMTC (completed that role some 10 years ago);

A recently appointed and recently graduated lawyer who will be the Authority’s internal

legal regulatory adviser.

The Authority has recently appointed a short term telecommunications expert adviser to prepare a

framework for licensing under the Act; draft operator and spectrum licenses/authorizations; and

other class licenses e.g. for ISPs, a schedule of license fees; and draft rules or other instruments to

provide for interconnection of operators on bill and keep basis or other terms as agreed by

operators. This work is more fully described above under “Context for the Assignment”.

This work is expected to be available mid- 2019.

The Authority has also contracted with an individual to provide it with ongoing governance, legal

and training support as a regulator. That person has assisted the Authority to date by providing

initial training, a governance manual that is grounded in the requirements of the Authority’s legal

framework; an outline of the regulatory framework as well as a suggested regulatory work

programme for the interim period, and assistance with its external procurement. Work prepared

for the Authority will be available to the Consultant and the individual has also been contracted to

prepare a briefing package for the selected Consultant and assist in the Consultant’s initial visit.

Currently the Authority has limited data on the FSM telecommunications market.

6. CONSULTANT QUALIFICATIONS

i. Profile and experience

The selected Consultant will have met the following shortlisting criteria:

Minimum of five years’ experience in telecommunication regulation designed to promote

efficient competition, including in one or more of the following: (i) regulatory design; (ii)

regulatory implementation; (iii) operational support for elements of the regulatory regime

(for example cost based interconnection, licensing terms, service standards, reference

offers, consumer protection rules, etc.); and (iv) regulatory evaluation on these or other

telecommunication regulatory related matters. The above work might have been undertaken

for a Government, regulator, market operator (or prospective operator), donor, or some

other person with an interest in telecommunications regulation;

Experience in aspects of telecommunications services, service standards and benchmarking

of standards,

Experience in financial and economic modelling;

Experience in institutional strengthening related work, for example work related to

strengthening operational systems and processes, developing capability to enable the

institution to carry out its’ functions effectively, evaluating performance etc.

The selected Consultant is expected to include the following key personnel in the proposal. One

member of the team may demonstrate experience relating to more than one of the positions

described below. Evaluation will be based on how the key personnel in aggregate satisfy the

requirements.

Key Expert 1. Team leader:

Mandatory attributes:

A leader with minimum 10 years advisory experience, based on sound economic principles

and data, in telecommunication regulation designed to promote efficient competition. This

work might have been undertaken for one of, or a mix of, Government, regulator, market

operator (or prospective operator), donor, or some other person with an interest in

telecommunications regulation;

Must have experience in one or more of the following:

(i) regulatory design;

(ii) regulatory implementation (for example developing instruments, standards, processes,

or capability relating to cost based interconnection, equitable and non-discriminatory

access terms; licensing terms, service standards, reference offers/standard term offers,

consumer protection rules, etc.);

(iii) regulatory evaluation on these or other telecommunication regulatory related matters

(for example identifying/developing data reporting requirements, and /or performance

benchmarks for assessing market performance/operator performance against

regulatory objectives; advising on anti-competitive practises etc.);

Desirable attributes:

Demonstrated experience in one or more of the following:

(iv) working for a regulator (preferred);

(v) working closely alongside management or a Board supporting operational

implementation of regulatory requirements;

(vi) communicating (oral and written) in a manner suitable for non- expert decision makers

and for the general public and/or working with stakeholders as part of a regulatory

reform process;

(vii) working in a small island economy or fragile economy;

(viii) spectrum management.

* To be considered relevant in this context, an experience is an assignment of 3 months or longer or

more than one assignment which in aggregate consist of 6 months or longer.

Key Expert 2. Technical expert/s


Telecommunications and spectrum technical expert with minimum 10 years’ or more

experience in advising in regulated markets designed to promote efficient competition. This



telecommunications and spectrum regulation;

Must have experience in one or more of the following:

(i) telecommunications services ,service standards, development of benchmarking

performance indicators;

(ii) determining interconnection or access pricing, including methodologies designed to

reflect actual costs

(iii) technical aspects of ICT and spectrum design and operation that are relevant to a

regulator



(iv) working for a regulator (preferred);

(v) working closely alongside management or a Board supporting operational

implementation of regulatory requirements;

(vi) communicating (oral and written) technical matters in a manner that is suitable for, and

accessible to, non- expert decision makers and for the general public and/or working

with stakeholders as part of a regulatory reform process;

(vii) working in a small island economy or fragile economy;

* To be considered relevant in this context, an experience is an assignment of 3 months or

longer or more than one assignment which in aggregate consist of 6 months or longer.

Key Expert 3. Financial modelling expert/s


Financial modelling specialist with minimum 5 years telecommunication related experience

in cost modelling (including economically efficient costs) and tariff determination. This



telecommunications regulation;



(i) modelling for a regulator (preferred);

(ii) modelling for spectrum licensing;

(iii) small island economy or fragile economy;

(iv) communicating (oral and written) in a manner suitable for non- expert decision makers

and for the general public

* To be considered relevant in this context, an experience is an assignment of 3 months or longer

or more than one assignment which in aggregate consist of 6 months or longer.

Key Expert 4. Legal expert


Legal advisor, with a law degree, with at least 7 years’ experience in telecommunication

regulation designed to promote efficient competition. This work might have been

undertaken for one of, or a mix of, Government, regulator, market operator (or prospective

operator), donor, or some other person with an interest in telecommunications regulation

Experience of one or more of the following:

(i) Preparing or negotiating legal instruments that give effect to the regulatory requirements

for example: rules, standards, licensing terms, interconnection agreements, land access

agreements, reference offers/standard term determinations; etc.

(ii) Advising on compliance with the requirement of the regime (for example advising on

practices that might constitute anti-competitive conduct; standard term offer

requirements,

(iii) Designing, negotiating or advising on compliance with consumer protection rules and

practices.


(iv) admission to practice law in the United States (preferred);

demonstrated experience in:

(v) working for a regulator (preferred);

(vi) working closely alongside management or a Board;

(vii) communicating (oral and written) in a manner suitable for non- expert decision makers

and for the general public and / or working with stakeholders as part of a regulatory

reform process;

(viii) working in a small island economy or fragile economy;

(ix) legal instruments and issues relating to spectrum management.

* To be considered relevant in this context, an experience is an assignment of 3 months or longer or

more than one assignment which in aggregate consist of 6 months or longer.

.

The Consultant is reminded of the conflict of interest provisions governing this engagement

(see GCC 21) and particularly, but without limitation, conflicts that might arise out of any

ongoing or future engagements with telecommunications providers who seek a license to

operate in the FSM.

REQUEST FOR EXPRESSIONS OF INTEREST (CONSULTING …€¦ · the likely mix of deliverable and time...

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