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UNITED NATIONS

ECONOMIC AND SOCIAL COUNCIL ECONOMIC COMMISSION FOR AFRICA

Regional Cooperation and Integration Division

Distr.: Limited

ENGLISH

Original: english/french

ANNUAL REPORT ON REGIONAL INTEGRATION IN AFRICA FOR THE YEAR 2001

SECTORAL REPORT ON COMMUNICATIONS (POSTS, TELECOMMUNCATIONS, RADIO AND TELEVISION)

Final Version October 2001

A. Akossi

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Table of contents

EXECUTIVE SUMMARY

CHAPTER 0: GENERAL CONSIDERATIONS 0.1 Introduction and Scope

0.2 Theoretical Framework and Criteria for Integration 0.3 Regional Integration Experiences

CHAPTER I: CURRENT SITUATION IN AFRICA 1.0 Integration Issues in Africa

1.1 Economic Community of West African States (ECOWAS) 1.2 West African Economic and Monetary Union (UEMOA) 1.3 Common Market for Eastern and Southern Africa (COMESA) 1.4 Southern Africa Development Community (SADC)

1.5 Central African Economic and Monetary Community (CEMAC) 1.6 Arab Maghreb Union (AMU)

1.7 Others

1.8 African Economic Community

CHAPTER II: CONCLUSIONS AND PERSPECTIVES CHAPTER III: PROPOSALS FOR COMMUNITY POLICIES 3.1 Telecommunications

3.1.1 Convergence of National Telecommunications Sector Policies 3.1.2 Strengthening of Connectivity and Improvement of Inter-State

Technical Service Quality

3.1.3 Harmonization of Price Fixing Principles and Reduction of Telecommunications Services Costs

3.1.4 Promotion of Information and Communication Technology (ICT) Development

ANNEXES:

Tables and maps Terms of Reference Bibliography/References Persons met

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EXECUTIVE SUMMARY 1. INTRODUCTION

The African Economic Community has set itself, as regional integration objectives in the area of telecommunications, to:

(a) Develop, modernize and standardize their national telecommunications networks in order to provide reliable interconnection among member States;

(b) Establish a Pan-African Network;

(c) Establish a Pan-African system of telecommunications by satellite in order to improve communications in rural areas.

The analysis of the Treaties, Conventions and Protocols of the main regional communities highlights two main objectives in the field of telecommunications to:

(a) Ensure the direct physical interconnection of member States' telecommunications networks;

(b) Coordinate and harmonize telecommunications sector policies with the view of adopting a common policy.

2. MAIN ACHIEVEMENTS

2.1 Physical interconnection of telecommunications networks in the subregions In terms of infrastructure in the regional economic communities, the results obtained are significant.

Indeed thanks to the implementation of the PANAFTEL and INTELCOM 1 projects, an entirely interconnected inter-State network is now available in West Africa (ECOWAS and UEMOA).

However, despite the adequate capacity of the terrestrial and commutation transmission infrastructure and the opportunities offered by the IDR and DAMA satellite networks which should ensure optimum inter-State connectivity, 97.2 per cent of the transit options still remains in the hands of non-African operators (from the United States, Canada and Europe.

The predominance of extra-community transit routes is attributable to the low quality of services offered by the direct inter-State links (average international communication efficiency of 46.6 per cent from the international transit centres (ITCs) and average rate of transmission channel availability of 97.8 per cent for the terrestrial links

(and 99.3 per cent for satellite links), as well as the high cost of transit rates (US$ 0.115

per minute for transit through Europe as against an average of $US 0.312 for transit through an African country).

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The INTELCOM II programme in regard to which the feasibility study has now been completed, is aimed at significantly reducing this gap. The ministers of telecommunications of the Common Market for East and Southern Africa (COMESA) adopted the COMTEL project in June 1998. The project, costing around SUS 172 million, is expected to effect the interconnection of member States and address the problems linked to the weakness of the inter-State network (poor quality of service, irregular availability, and high rates). The network will be constructed and managed by a public company known as COMTEL Communication Ltd. the equity of which is held by national telecommunications operators, a strategic partner and institutional investors. It is open to non-members of COMESA. The legal and institutional aspects have been completed and the construction process is about to start. In order to be able to cope with the very fast growth in the demand for telecommunications services, the Southern African Telecommunications Association (SATA/SADC) has decided to create a broadband regional backbone to link ail the member States. The network is expected to cost $US 180 million over a six year period.

Central Africa remains Africa's weakest link in terms of national networks interconnection in spite of the different plans that have been formulated since the 1970s to promote the integrated development of the national telecommunications networks in the countries of the subregion. Since 1990, the growth rate of the subregion's traffic has been 5 per cent as against 2 per cent for international traffic. The bulk of the subregion's traffic passes through the satellite route. These satellites belong to the Intelsat company. The region's traffic is directed mainly towards West Africa (55 per cent of the region's traffic).

The CEMAC countries decided in December 2000 to establish in the region a backbone network in optical fiber (with Douala as landing point for the SAT II! project and Pointe Noire for the Africa One project) and by satellite. No action has yet been taken in this regard.

2.2 Regional Satellite Communications Network (RASCOM)

RASCOM is an intergovernmental trade organization established by African countries in 1992 to provide the African continent with the appropriate telecommunications infrastructure capable of promoting the development of telecommunications in each country and giving low-cost telecommunications services access to all in Africa.

The first phase during which the RASCOM organization made cooperation among the different African countries possible through the pooling of repeaters, proved to be a success. RASCOM has embarked upon the final phase, i.e the launch of a telecommunications satellite dedicated to Africa. The project will provide the space segment required for national and international telecommunications, services in African countries (low cost rural telecommunications, inter-urban links within countries, direct links among African countries, radio and television broadcasts and value added services, particularly the Internet). The requisite legal and financial arrangements have mostly been completed; the satellite is expected to be launched during the second half of 2002, at the latest, and will become operational in early 2003.

After some initial difficulties, (only 37 countries have disbursed the first batch of their investments; financial contribution to the RASCOM-BOT Company is still awaited from some countries) and a future that is not yet clearly defined, the launch and operation of the RASCOM Satellite will be a major step towards African integration. RASCOM is the only objective of the Abuja Treaty whose attainment is near at hand and has got off to a good start.

Other telecommunications development programmes for the interconnection of the African countries are underway (submarine optical of fiber cable system: Africa One, Atlantis, SAFE, DAMA of INTELSAT satellite transmission equipment).

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With the implementation of these programmes, in respect of which nearly all African telecommunications operators have declared an interest or a readiness to subscribe, it will be possible to put in place high frequency equipment adapted to information infrastructure and to realize the global objective of physical integration.

2.3 Coordination and harmonization of telecommunications policies in the regions

The current situation on the West African scene, in general terms, is that the ECOWAS and UEMOA member States are at various stages of the institutional reform process in the telecommunications sector. Some have not yet carried out any reform. For those that have carried out such reforms, some disparities remain in the legal and institutional systems (some States have a system of exclusive rights for data as well as fixed telephones in others, such rights pertain exclusively to fix telephones; regulation by a one body in some and two for others, etc.).

None the less, ECOWAS has established some convergence criteria, designed in the longrun to lead to the establishment of a harmonized regulatory framework (known as a community regulatory framework), the establishment of uniform technologies and equipment and a reduction in the number of systems and manufacturers. A single institutional reform pattern for the telecommunications sector, inspired by the recommendations of the first African Conference on Telecommunications Development held in Harare in 1990, was adopted by Governments of the ECOWAS area. The ongoing actions are aimed at harmonization and are expected over time to lead to the establishment of a regional authority on telecommunications regulation.

A technical team was established by ECOWAS to support and facilitate the establishment of the West African Association of Regulators.

The West African Economic and Monetary Union (UEMOA), for its part, recently (in May 2001), adopted a sectoral policy and a joint programme of action for the harmonious and balanced development of telecommunications, which provided for the creation of a Committee of Telecommunications regulators and a Conference of Telecommunications Operators and Service Providers.

COMESA and SADC

In 1998, the Association of South African Regulators adopted, a programme of action for the period 1999-2001, embodying strategies and actions, and setting out time frames in the priority areas (which were: establishment of autonomous regulatory bodies, and formulation of model regulatory policies and procedures).

Model legislative instruments and model agreements (10 in all) were adopted to serve as regional guidelines in the national reform process in member countries. Each member country now has a domestic team to coordinate and implement protocols.

The involvement of the private sector in basic telephone services delivery has begun and most member countries have already decided to partially or totally privatize their national operators.

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The CEMAC countries decided in December 2000 to formulate an integrated numbering plan, for the Community, as well as a model interconnection agreement, and a subregional telecommunications code. The necessary feasibiiity studies are to be conducted.

2.4 The African Telecommunication Union (ATU)

The African Telecommunication Union (ATU) is responsible for promoting the rapid development of computer-based communications in Africa in order to more efficiently provide universal services and access and ensure full interconnectivity among countries.

Among the objectives of the Union are to:

- Promote the development and adoption of appropriate policies and regulatory frameworks in the field of telecommunications in Africa;

- Promote programmes leading to the establishment of an African information society;

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- Coordinate the positions and strategies of member States during the preparation and in the course of international meetings;

- Promote regional coordination in the fields of value added services, equipment certification, technical norms and tariff harmonization;

- Endeavour to harmonize the actions of member States and associate States in the telecommunications sector.

ATU represents an effort to relaunch the coordination and cooperation activities in the telecommunications sector which the now-defunct Pan African Telecommunications

Union was not able to actualize.

In August 1998, the 44 member States of ATU adopted the "African Connection" as a strategic plan for the subsequent five years.

Among other things, the plan provides for:

- The African telecommunications policies and regulation development programme which should lay down general policy frameworks, legal frameworks and a regulation system;

- African telecommunications priority projects, including a telecommunications infrastructure development project; and

- The telecommunications and broadcasting convergence programme.

The plan, whose implementation is already underway (the African Telecommunication Regulation network, was established in September 2001), will contribute to the attainment of the integration objectives.

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The promotion of appropriate policies and the coordination of positions and strategies of African countries is generally carried out at fora organized by ATU for the region with the ATU's participation but not reaily under its supervision.

In the current situation where African countries are going it alone or are turning to institutions capable of financing their activities, ATU's capacity to attain its objectives and really contribute to regional integration in Africa appears to be a mirage.

3. CHALLENGES

3.1 Promotion of intraregional transit

The key issue for the physical integration of networks is the promotion of intra- African transit. Some progress has been achieved with the creation of a large number of international telephone transit centres. On the other hand, a great deal remains to be done in regard to the routing of Internet traffic among African countries; this includes transits through interconnection centres outside the continent (with the exception of South Africa, this includes national communications from two access providers of the same

country. *

In order to address the problem, a content industry needs to be established in Africa, and information on goods and services available in or accessible to a given country should be known by others. African countries literally do not talk to one another, as can be seen from the statistics on the telecommunications traffic. With the exception of telephone traffic to or from South Africa, only 14 per cent of the traffic relates to the region, which is well below the percentage of the other regions of the world. In addition, it is necessary to significantly reduce international rates (it costs FF 3.25 to call from Senegal to any African country whereas it will only cost FF 1.50 to call Europe or the United States from France (see Table 12).

3.2 Cooperation and national institutional capacity building

The most significant advances made have been the work of individual countries and rarely the action of regional and subregional organizations.

The objectives set are appropriate; what is lacking is an appropriate institutional follow-up and coordination framework, and incentives to be given to countries for their implementation.

While a number of regional political organizations and telecommunications agencies exist in Africa, they are limited in terms of synergy and efficiency. There are regional and subregional telecommunications organizations which are associated with regional economic communities and which also operate in the field of telecommunications.

These organizations often work independently, with the result that there is really no harmonization of their positions.

Without^liscounting the role regional and subregional organizations can play, it may be reckoned that there are numerous policies and demands at the national level for ensuring regional integration and cooperation but that, regrettably, they are not taken into account in the integration process in Africa.

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Few African countries seem to have institutional capacities and a national apparatus that are adequately structured to coordinate their participation in various regional organizations.

The establishment of national integration structures in each country and the development of public management capacities specifically attuned to the regional integration and cooperation process will allow for better coordination among member States and speed up decision-making and implementation.

Most member States of the European Community have made provisions for an all but permanent interministerial coordination mechanism at governmental level responsible for (Permanent Committee) as well as at the level of officials European Affairs (Interdepartmental Coordinating Committee). Accordingly, ECA should direct its regional integration and cooperation actions towards the national institutional management capabilities necessary for the implementation, at the national level, of commitments made.

4. CONCLUSIONS AND PROSPECTS

Market integration is the regional integration approach that appears in almost all the objectives of subregional and regional economic communities.

It seems clear, from the results, that Africa is not yet ready for this form of integration which implies partial abandonment of sovereignty. We could therefore begin by first laying more emphasis on both policy coordination and integration, thus making it possible for the different countries to keep their political and economic autonomy in the initial stages while cooperating in areas they deem necessary. Telecommunications is one of these areas.

The specific objectives that underpin the attainment of such.are as follows:

(i) Ensuring the convergence of national telecommunications sector policies;

(ii) Harmonizing and reducing the cost of international telecommunication services;

(iii) Strengthening connectivity and improving the quality of Inter-State technical services;

(iv) Promoting the development of information and communication technologies (ICTs).

The regional economic communities do not seem to be the most appropriate institutions for attaining these objectives.

Indeed, in the area of infrastructure building, the private sector will soon be the only sector to intervene as main stakeholder and assume the ownership of telecommunications operators. Competition will be the dominant mode in the telecommunications market.

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The World Trade Organization (WTO) Agreement on basic telecommunications, which was concluded on 15 February 1997 and entered into force on 1 January, 1998, bringing together 69 countries (including eight African countries), or 96 per cent of the global telecommunications market, makes it almost certain that the principles and norms provided for in the background document annexed to the Agreement will be binding on all countries that become party to the Agreement. Thus, the background document of the WTO should serve as basis for reform in Africa's telecommunications sector, and all should therefore internalize its various commitments. Subsequently, coordination on the part of regulators and compliance with the time-frame of the commitments entered into should underpin and consolidate the single market and thereby, regional integration. The existing institutions would be assigned clear and specific roies. For example, ATU would be responsible for creating common positions in some areas technical harmonization, and

so on.

In this connection, SADC's approach, organization and method of work, could serve as an example. In particular, the creation of an Association of networks and services operators on the SATRA model and of independent regulators on the TRASA model, bringing together, by subsector, the interested buyers, is apt to ensure a coordinated implementation of the proposed integration actions. Of course, national institutional structures charged with promoting integration should be established in each country to ensure the follow-up and coordination of actions at the governmental level.

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CHAPTER 0: GENERAL CONSIDERATIONS 0.1 INTRODUCTION AND SCOPE

After some genera! considerations on various aspects of regional integration, the report discusses the objectives of each entity considered, analyses their achievements and evaluates them from the point of view of developments towards the attainment of their specific regional integration objectives. Chapter I reviews the current situation in the regional economic communities, on the basis of:

• Data and information gathered by subregional and sectoral consultants in member countries, and subregional and regional institutions during field missions;

• Relevant documents on the telecommunications, posts, radio and television sectors;

• Interviews and expert opinions.

Chapter II puts forward some proposals for joint action to speed up the regional integration process in the field of communications in Africa.

The inadequacy or even absence of the information necessary for a comprehensive evaluation of activities in the broadcasting and postal services subsectors made it impossible to carry out the evaluation of those subsectors.

No replies to the questionnaires sent to URTNA and PAPU had been received from those organizations at the time of writing this report. In addition, the environment of competition and historical privatization of operators that prevailed in the telecommunications sector, made it difficult to have total access to data on commercial and administrative management of network operators and service providers.

0.2 THEORETICAL FRAMEWORK AND CRITERIA FOR INTEGRATION

Regional integration in the field of communications involves the existence of a common policy and space resulting in the creation of a single market in the entire community space under consideration, for all the networks and services in the sector

In general terms, a single market is said to exist in the communications sector for a given region when, for all the countries considered, network operators and service providers in any of the countries of the group are able to:

(i) Sell international services in any other country of the group;

(ii) Extend their network to any other country of the group by using their own or hired transport equipment or installations, to establish network interconnection points in the country;

iii) Also extend their network into that country to reach the client, whenever

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(iv) Interconnect their points of occupation or presence, to the public networks of qualified operators in any other country of the group and end (or send out) their international communications under the same conditions at the same rate of interconnection as those that are applied to local operators.

In sum, the law requires that, in a single market, network operators and communication service providers based in one country should be allowed to operate under the same conditions as national operators in any of the other countries concerned.

This presupposes the attainment of three main objectives:

1. Physical interconnection of all national networks;

2. Joint or harmonized legal and institutional frameworks;

3. The preparation of a plan for the development of a joint network and services.

In the current international situation, characterized by WTO General Agreement on the services trade, the attainment of the above objectives implies: ■■■

In the case of telecommunications networks and services:

• Market liberalization for all networks and services in the sector;

• The creation of partnerships between the public and the private sector in order to create a broad range of initiatives, given the reduction in the investment from the public sector;

• The establishment of interconnectabie networks and interoperable services;

• The review of the standardization process;

• Tariff adjustment and guarantee of access to all;

• The coordinated establishment of a high frequency trans-African infrastructure.

It is therefore necessary to formulate a telecommunications network and services liberalization and harmonization policy and ensure its full implementation in a coordinated manner according to a specific timetable prepared in advance. Its full implementation may involve random and exceptional short-term measures that take into account the specific conditions in some countries.

In the case of postal networks and services

1. Establishment of a universal postal service at the community level.

2. The setting of a maximum common limit relating to the size of the reservable area that each member State may grant to universal service providers) in order to ensure the economic and financial viability of universal service delivery.

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3. Evolving a gradual and orderly process of opening up postal services to market competition by providing member States with the means for ensuring that the universal service delivery is sustainably guaranteed.

4. The improvement of postal services quality by setting some community objectives for intra-community cross-border mail and ensuring that norms are established for the national mail (in conformity with the intra-community norms).

5. Laying down the principle that tariffs should be linked to costs and ensuring that the financing of the universal service delivery is carried out in a transparent manner consistent with the community law.

6. Encouraging the harmonization of technical norms.

7. Ensuring that the conditions for fair competition exist outside the area reserved.

0.3 REGIONAL INTEGRATION EXPERIENCES 0.3.1 The European Community experience

By virtue of its original regional integration procedures, the European Union, along with the States attached to it under various agreements (Treaty on European Economic Space, known as the European "pre-accession" agreement) form a coherent whole for a planned liberalization in the field of posts and telecommunications.

It was a historic process aimed at opening up national markets to constitute an economic space without domestic borders, which was implemented through the issuance of successive directives on decision-making processes and the preparation of their implementation timetable, in each of the fields involved.

(a) The European approach in the field of telecommunications:

The opening up of markets was carried out gradually, on the basis of a specific timetable, and resulted in the adoption of a set of directives by the European Commission and the Council of Ministers.

Initially, from 1987, attention was focused on telecommunications terminals (telephone equipment, modems, telefax). On 1 January 1993, the data transmission services were opened to competition.

A directive dated 18 October 1985 authorized the use of the cable television infrastructure for the provision of the already liberalized telecommunications services. A directive dated 16 January 1996 relating to the liberalization of mobile telephony was aimed at ensuring a fair level of competition both in the granting of licenses to operators and in the management of mobile telephone networks, in order to promote the arrival of new stakeholders on the market and facilitate the interconnection of national networks.

On 1 July 1996, the alternative infrastructures (railway networks, highway and energy

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phone and its infrastructure markets were liberalized. The liberalization of the voice phone was not carried out at the same pace in all member States, even though all have made major efforts to be ready by a date as close as possible to 1 January 1998.

Countries with underdeveloped or small-sized networks had an extra period of adaptation, determined on a case - by case basis.

(b) The European approach in the field of postal services

Unlike the approach adopted by the telecommunications services, liberalization in the postal sector has been carried on prudently. The European social partners have been instrumental in placing the long-term guarantee of the universal postal service at the centre of the proposed mechanism. A directive based on a common agreement, dated 18 December 1996, was adopted on 1 December 1997. Its main provisions are as follows:

• In each member State, mail under 350g and/or five times the standard rate may remain under monopoly;

• Incoming cross-border mail and addressed advertising may remain under monopoly.

Under the December 1996 agreement, any future liberalization decision cannot be taken before 1 January 2003. For such a decision to be taken, would require a new

European Council and Parliament decision before 1 January 2000.

These prescriptions are in line with the spirit of impartiality of the European court of justice according to which the monopoly area for postal services could include profit- making and non-profit-making activities, so as to guarantee the financial balance of national postal services. Postal services liberalization outside Europe seems to follow this principle as well.

(c) European approach in the field of television.

The European policy in the field of radio and television is based on two principles.

Every European citizen must have access to all European programmes and those programmes are supposed to be encouraged, by, for instance, affording them some prominence in the mix of programmes. The European Union thus facilitates the free movement of television programmes within the Union, not only by ensuring that member States do not hinder the transmission and reception of broadcasts from other European countries and removing the obstacles to advertising, right of reply and so on, but also by ensuring the protection of minors and respect for human rights.

The first Directive on Television Without Borders, which was adopted in 1989 and entered into force on 3 October 1991, harmonized the provisions governing the operations of televised broadcasting. It protected the European televised media by fixing broadcasting quotas, obligating channels covering the European Union so far as possible, to devote at least 50 per cent of their broadcasting time to programmes of the European origin.

The new directive was adopted by the Council and Parliament on 23 June 1997 and member States had 18 months to implement it. The directive entered into force on 31 December 1998.

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It developed new provisions designed to establish a legal framework in which the televised media could operate and safeguard the interests of television viewers.

0.3.2 Multilateral framework

International Telecommunications Services Liberalization Agreement

Concluded on 15 February 1997 within the framework of the WTO, after several months of negotiation, this major agreement laid the groundwork for the globalization of the telecommunications sector and, indirectly, the other sectors of the economy as well, because they are all more or less closely linked to the development of telecommunications services. The agreement relates to the total liberalization of services as diverse as fixed telephone, telex, satellite broadcasting, radiopaging, digital data transmission or cellular telephony. This global market, valued at $US 670 billion in 1996, has been growing by nearly 10 per cent a year.

While the liberalization of telecommunications services has already been legislated in Europe and the United States, the agreement remains particularly innovative from a global standpoint, indeed, it marks the gradual abolition of monopolies in telephone services. Every operator should be able to freely offer his services in countries other than his/her home country. Similarly, every operator should be able to buy a majority share in the capital of enterprises based abroad (unless the law stipulates a derogation). The removal of barriers to the markets concerned and the disappearance of, or reduction in, the thresholds imposed on buying shares in national companies, open up new prospects for the growth of telecommunications enterprises.

Membership in this multilateral convention is extensive, in that the 68 contracting parties represent more than over 95 per cent of the turnover of the global telecommunications markets.

Through this agreement, WTO has made a contribution to the development of the information society. A commercial aspect of the globalization of information services is therefore in the horizon, there will be complementarity between the telecommunications agreement and the agreement on information technology, also concluded within the framework of WTO. The latter instrument provides for the abolition, by 1 January 2000, of customs duties on 500 commodities (including computers, telefax and other telephone equipment as well as computer accessories and semi-conductors).

In the long run, the agreement should result in a fall in the price of international calls, a development that will be pivotal for the globalization process. In so far as it alleviates the frontier notion, it should be beneficial to all operators with a global outreach and promote the harmonization of regulations, as well as and regional integration, for all parties to the Agreement.

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CHAPTER I

CURRENT SITUATION IN AFRICA

1.0 INTEGRATION ISSUES IN AFRICA

1.0.1 Telecommunications and regional economic integration

It is difficult to make a clear distinction between the technical aspects of telecommunications and their impact on economic and trading policies in broad terms.

What is clear is that the telecommunications sector has a major role to play in Africa's integration agenda. Indeed, many examples show the major contribution made by telecommunications in support of activities in Africa in several fields. At the economic and financial level, for example, the need for information and data transfer and exchange is satisfied inter alia, by the inter-State specialized (or private) inter-State networks of central banks, commercial banks, insurance companies, customs administrations and stock markets.

The role of telecommunications in economic integration will be strengthened to make it become more decisive in the implementation of the common market and the effective harmonization of legislation (business law, customs union, financial marketing etc.) including the laying down of common sectoral policies (transport, energy and mines, environment, agriculture etc.).

It is impossible, for instance, to imagine the introduction of electronic methods of payment or electronic transactions in Africa in the absence of well-developed and reliable inter-State and national telecommunications networks. Similarly, the free movement of people and goods will generate the need for personal and business communication that will further heighten the demand for telecommunications networks at all levels.

1.0.2 Objectives of the African Economic Community

The Treaty establishing the African Economic Community, which was adopted on 3 June 1991 by the Heads of State and Government of the Organization of African Unity, in Abuja, Nigeria and which entered into force in 1994, sets out the objectives of the Community in its Article 4 as follows to:

• Promote economic, social and cultural development and the integration of the African economies in order to increase economic self-reliance and promote endogenous and self-sustained development;

• Promote cooperation and development in all fields of human endeavor in order to raise the standard of living of African peoples and maintain and enhance economic stability, foster close and peaceful relations among Member States and contribute to the progress, development and the economic integration of the continent; and

• Coordinate and harmonize policies among existing and future communities in order to foster the gradual establishment of the Community.

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In order to promote the attainment of the above-mentioned objectives, the Treaty States that the Community shall, by stages, ensure:

• The harmonization of national policies in order to promote community activities, particularly in the fields of agriculture, industry, transport and communications, energy, natural resources, trade, money and finance, human resources, education, culture, science and technology;

• The harmonization and the rationalization of the activities of the existing African multinational institutions and the establishment of such institutions, as and where necessary, with a view to their possible transformation into organs of the Community;

The modalities for the establishment of the Community are laid down in article 6 as follows:

The Community shall be established gradually in six stages of variable duration over a transitional period not exceeding 34 years.

At each such stage specific activities shall be assigned and implemented concurrently. The stages regarding the integration in the field of communications are set out as follows:

1st stage: Strengthening of existing regional economic communities and, within

a period not exceeding five years from the date of entry into force of this Treaty, establishing economic communities in regions where they do not exist.

2nd stage: Strengthening of sectoral integration at the regional and continental

levels of all areas of activity, particularly in the fields of trade, agriculture, money and finance, transport and communications, industry and energy and coordination and harmonization of activities among the existing and future communities.

5th stage Within a period not exceeding four years, establishment of an African common market through:

(i) The adoption of a common policy in several areas such as agriculture, transport and communications, industry, energy and scientific research;

(ii) The application of the principle of free movement of persons as well as the provisions regarding the rights of residence and establishment.

6th stage: Within a period not exceeding five years:

(i) Consolidation and strengthening of the structure of the African Common Market, through including the free movement of people, goods, capital and services, as well as the provisions

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(ii) integration of all sectors, in completion of the process of harmonization and coordination of the activities of the regional economic communities.

The maximum duration of the whole transitional period is set at 40 years from the date of entry into force of the Treaty.

The specific objectives in the field of telecommunications are set in Article 63 for posts and telecommunications and in Article 64 for television:

1. In the postal field member States undertake to establish a Pan-African postal network.

2. In the field of telecommunications member States undertake to:

(a) Develop, modernize, coordinate and standardize national telecommunications networks in order to provide reliable interconnection

among Member States; "■"

(b) Establish a Pan-African telecommunications Network and ensure its utilization and maintenance; and

(c) Establish a Pan-African system of telecommunications by satellite in order to improve telecommunications, particularly in the rural areas.

3. Member States further undertake to provide efficient and regular posts and Telecommunications services within the Community and to develop close collaboration between the posts and Telecommunications administration.

In the field of broadcasting and television, Member States undertake to:

(a) Coordinate their efforts and pool their resources in order to promote the exchange of radio and television programmes at bilateral, regional and continental levels;

(b) Encourage the establishment of programme exchange centres at regional and continental levels. In this connection, member States shall strengthen the activities and operations of existing programme exchange centres.

What is the situation in the 53 States, 10 years after the adoption of this ambitious objective, starting from the strengthening of the regional communities to the establishment of an African economic community in 34 years?

The chapter that follows reviews the status of implementation of the objectives in the main regional economic communities.

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1.1 THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS) 1.1.1 ECOWAS objectives in the field of communications

The objectives of the Economic Community of West African States in the fields of posts and telecommunications are set out in Article 33 as follows:

1. In the area of postal services, Member States undertake to:

- Foster closer cooperation between their postal administrations;

- Ensure, within the community, efficient, speedier and more frequent postal services;

- Harmonize mail routing.

2. In the area of telecommunications, Member States shall:

- Develop, modernize, coordinate and standardize their •''national telecommunications networks in order to provide reliable interconnection among Member States;

- Complete the section of Pan-African teiecommunications networks situated in West Africa;

- Coordinate their efforts with regard to operation and maintenance of the West African portion of the Pan-African telecommunications network and

in the mobilization of national and international financial resources.

3. In the area of information, radio and television, Member States undertake to:

- Coordinate their efforts and pool their resources in order to promote the exchange of radio and television programmes at bilateral and regional levels;

- Encourage the establishment of programme exchange centres at regional level and strengthen existing programme exchange centres.

1.1.2 Current situation

A. In telecommunications networks and services A.1 Infrastructure

The subregional network has developed significantly since the implementation of the PANAFTEL programme under the auspices of the OAU and the ECOWAS INTELCOM 1 programme.

The core objectives of these programmes relate to the establishment of direct links

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routes. The results were significant in West Africa, indeed, an entirely interconnected inter-State network is henceforth available and this in theory, makes it possible to escape the extra community routes to sell the ECOWAS inter-State traffic.

a. Transmission and routing network

Map 1, in the annex, presents the situation of inter-State network connection in the ECOWAS region. It shows that in terms of routing facilities, the subregion henceforth has

a wide range of possibilities. [DIAGRAMS 1A, 1B, 1C]

Routing Table 5A indicates the various transit options from one to country to another in the subregion. Only 2.8 per cent of the transit options are utlilized within the subregion by the member countries. The remaining 92.7 per cent is effected through American (AT&T, MCI, SPRINT), Canadian and European (United Kingdom, France, Italy, Portugal and Spain) operators through 4718 direct IDR satellite circuits [Table 5B] and 276 sub-marine cable circuits [Table 5C]. These data show the total dependence of the intra-community communications of ECOWAS on operators outside the Community. One of the objectives of INTELCOM II programme is to reduce significantly this dependence.

The traffic matrix (Table 6A) in taxed minutes for the year 1998 brings" out the following situation :

• 918 348 taxed minutes for direct traffic;

• 890 293 taxed minutes for transit traffic;

• transit traffic represents 28.86 per cent of total traffic and 40.56 per cent of

direct traffic; -O

• Only two countries (Benin, Mali) have transit traffic below 10 per cent (which is

the recommended threshold). -^^3

The reduction of transit traffic in favour of direct traffic remains the first priority to eventually attain the objective of 10 per cent of total traffic. This is one of the objectives of INTELCOM II programme.

The high volume of transit through extra-community routing channels is attributable to the fact that the quality of certain links is so low that administrative organs hesitate to use them, especially for transit.

For political and security reasons, international links between neighbouring countries have not been operationalized (Liberia, Sierra Leone, Guinea). Certain administrative organs do not bother to expeditiously restore links when breakdowns occur.

The situation is exacerbated by the language barrier which causes long periods of interruption in service and loss of traffic and revenue. To this must be added the fact that the major international operators offer reasonable tariffs and better quality of service for transit traffic. The current wave of liberalization and privatization in the communications sector underscores the urgency of this situation and calls into question the current routine plans, including those of ECOWAS.

17 ARIA REPORT ON THE COMMUNICATIONS SECTOR VO

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b. Intra-community switching network

National and international transit centres in the subregion are shown in Table 8.

All countries in the subregion have digital international transit centres. With the exception of Guinea-Bissau, Mali, Mauritania and Sierra Leone, they also have already in their telephone exchanges the N° 7 Signalling System (as of 1998).

Countries in the subregion have not taken advantage of the ECOWAS routing plans rendered possible by the implementation of INTELCOM i transmission links for the main reason that they have not duly informed other subregional administrative organs of the transit facilities and tariffs available in their countries. Although the initial objective of the INTELCOM I programme was to ensure an adequately high levei of interconnectivity, the optimal operation of installations is hindered by lack of zeal on the part of telecommunication administrations to maintain links efficiently.

Moreover, failure to settle accounts (non-payment for services rendered) on certain PANAFTEL/INTELCOM I routing channels prevents administrative organs not only from increasing the capacity of their circuits to satisfy demand but also from fully utilizing the available circuits.

New telecommunication development programmes are underway, namely:

- Fibre-optic sub-marine cable system (Africa One, Atlantis, SAFE, etc...);

- Satellite transmission equipment such as the multiple-access INTELSAT satellite digital system, which has a demand-based operating capacity with a low traffic service for regional, national, private, rural telecommunication networks and disaster relief operations;

- INTELCOM II programme.

The implementation of these programmes, in regard to which almost all administrative bodies of ECOWAS Member States have shown an interest or are ready to subscribe, broadband will make it possible for equipment adapted to the information infrastructure to be put in place and advance overall objectives of physical integration.

A.2 Legal and institutional frameworks

In its task of harmonizing sectoral policies, ECOWAS has drawn up convergence criteria (see Box 2 in annex) in the area of telecommunications. The main objective is to come out eventually with a harmonized regulatory framework to be known as a community framework with homogenous technologies and equipment, and a limited number of systems and manufacturers.

Consequently, a single model of institutional reform for the telecommunications sector, based on the recommendations of the first African Conference on the Development of Telecommunications, held in Harare, Zimbabwe, was adopted by the Administrative bodies of the Community.

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-nifowTiaS^ff^^

This model revolves around the fofiowing measures:

- Separation of posts and telecommunications;

- Merging of national and international telecommunication branches;

- Transforming of public corporations into commercial firms;

- Separation of operating and regulatory functions and setting up of a regulatory body;

- Eventual opening up of capital of public corporations to the private sector or strategic partners;

- Liberalization of mobile telephony and value-added services.

The reforms carried out or underway in Member States do generally conform to these measures.

In view of the foregoing, the sector's current situation at the institutional level is as follows:

« With the exception of Benin, all Member States now have separate management for posts and telecommunication services.

• National and international telecommunication branches have been merged with a view to establishing either industrial and commercial type firms with management autonomy, or privately managed public or semi-public companies.

• Nine Member States have already established regulatory organs with separate operating and regulatory functions. These are: Burkina Faso, Cote d'lvoire, Ghana, Cape Verde, the Niger, Mauritania, Mali, Nigeria and Togo. Institutional reforms are currently underway in the other Member States with a view to separating operating and regulatory functions and putting in place regulatory bodies.

• In the absence of regulations for the telecommunications sector in Member States as of now, the regulatory organs are currently placed under the supervisory Ministry.

• Two Member States, namely Cape Verde and the Niger, have chosen to set up a multi-sector regulatory organ which, in addition to the telecommunications sector, will be responsible for other productive sectors of the economy like water, electricity, etc.

• Two other Member States, namely Cote d'lvoire and Guinea have set up a clearing house. In Cote d'lvoire the arbitration court assists the regulatory body.

In Guinea, a clearing house has been established although there is no regulatory organ.

19 ARIA REPORT ON THE COMMUNICATIONS SECTOR VO

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In countries where such regufatory organs have no autonomy, they are placed under the direct supervision of the government.

• Six Member States, namely Cote d'lvoire, Ghana, Guinea, Senegal, Guinea Bissau and Cape Verde have opened up the capital of existing companies to foreign partners.

• Cellular telephone operators' licences have been granted to private operators in almost all the Member States, namely Cote d'lvoire, Burkina Faso, Ghana, Guinea, Senegal, Nigeria, Togo, Benin, Mali, Mauritania and the Niger.

Generally, it is worth noting that Member States are at different stages in the institutional reform process of the telecommunications sector.

A technical group has been set up by ECOWAS to assist and facilitate the creation of a West African Regulators Association (WARA).

The creation of WARA is in response to the demands of globalization and the need to foster harmonized and uniform development of telecommunications in ECOWA€.

WARA will be responsible, among other things, for drawing up new legislation and setting up independent regulatory organs capable of accelerating the development of telecommunications.

WARA should also :

- Promote liberalization, competition and encourage privatization initiatives to strengthen networks and improve their efficiency,

- Set up a price regulatory mechanism and draw up policies to promote universal access and extend telecommunication networks to rural and other poorly served

areas.

WARA is not yet operational.

1.2 West African Economic and Monetary Union (UEMOA) 1.2.1 Objectives of UEMOA

The Treaty of the West African Economic and Monetary Union (UEMOA) signed on 10 January 1994 which entered into force on 1 August of the same year, stipulates in its article 4 the main objectives pursued, namely to:

• Coordinate policies;

• Strengthen competitiveness in the economic and financial activities of Member States;

• Ensure convergence of performances and economic policies of Member States

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• Create a common market among Member States;

• Harmonize measures to ensure the smooth functioning of the common market, legislations of Member States and particularly tax systems;

• Work toward the coordination of national sectoral policies through the implementation of joint actions and eventually, adopt common policies, especially in the following areas: human resources, town and country planning, agriculture, transport and telecommunications, environment, energy, industry and mining.

The additional Protocol II of the Union's Treaty specifies, in its articles 7 and 8, the following objectives in telecommunications:

• Draw up a plan to improve the telecommunications infrastructure and systems linking Member States, and necessary measures for its implementation;

• Take gradual measures to liberalize the provision of telecommunication services to enable the telecommunications sector in each State to adapt itself to the

prospects offered by the opening up of the Union's market

The strategy on the integration of the national economies of the eight Member States of the Union (Benin, Burkina Faso, Cote d'lvoire, Guinea Bissau, Mali, Niger, Senegal, Togo) is based on the consolidation of their macroeconomic framework and harmonization of their economic and sectoral policies. It is therefore a long-term policy, comprising however specific objectives to be attained in the short and medium terms.

In keeping with the strategy on the integration of national economies especially chapter III of the Additional Protocol II on sectoral policies, the UEMOA Commission, through its Department of Town and Country Planning, Infrastructure, Transport and Telecommunications, has embarked on a study to draw up a common sectoral telecommunications policy for Member States.

A policy paper which critically examines the situation of the telecommunications sector, identifying constraints and proposing common positions to Member States on the one hand, and a programme of actions for the harmonious and balanced development of telecommunications on the other, has been prepared and the conclusions were adopted in Lome in May 2001.

The conclusions of this report summarize the situation of telecommunications within UEMOA as follows:

1.2.2 Current Situation

A.1. Telecommunication networks and services The inter-State network is marked by:

• Low utilization of inter-State connection possibilities:

21 ARIA REPORT ON THE COMMUNICATIONS SECTOR VO

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• Lack of direct links between certain Member States;

• Routing of inter-State traffic through operators outside UEMOA resulting in under utilization of existing potentialities and outflow of foreign exchange.

• An average 46.6 per cent efficiency of international communications from the International Transit Centres (ITC) and average availability rates of the main transmission channels of 97.8 per cent and 99.3 per cent respectively for earth and satellite links.

•" A wide disparity in inter-State communication tariffs [Table 9]

Apart from Guinea-Bissau where communications mainly routed outside the UEMOA zone to link up other UEMOA States give rise to specific tariff structures, the UEMOA average rate per minute of inter State communication is CFAF 592 (1998); the maximum and minimum average tariffs obtaining in the States are CFAF 700 and CFAF 520 respectively. This situation does not encourage flow of traffic.

L H'

The poor performance} that^aie quite below the required norms are due to the high average age of earth equipment, a low rate of digitalization from one end to another and lack of joint regular routine maintenance for all States on each link. The most immediate consequence is the non-utilization of these links for the flow of inter-State traffic.

A.2. Legal and Institutional Framework

Common features have been identified between the new legal and institutional frameworks in force and those being prepared. However, certain disparities do not facilitate the harmonization of existing national policies. These are:

(i) Lack of harmony in the structure of markets: Certain States limit, for example, the regime of exclusive rights to telephone and telex services and others extend it to data transmission;

(ii) Lack of or difference in the duration of the regime of exclusive rights rendering difficult the harmonization of commitments under WTO Agreements;

(iii) The number (1or 2) and tasks of regulatory organs different from one country to another.

Actions adopted are broken down into two groups and in order of priority, (i) Harmonization of the legislative and regulatory frameworks ;

(ii) Development of basic infrastructure in the rural and remote areas and development of new information and communication technologies;

(iii) Modernization and improvement of the quality of technical services of inter- State links;

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(iv) Maintenance and adaptation of training institutions to the needs of modern telecommunications environment.

The second group is made up of all the actions related to the accompanying measures intended to either facilitate the above-mentioned key actions or strengthen them, namely:

(i) Setting up of a Telecommunications Regulators Committee and a Telecommunications Operators and Services Providers Committee;

(ii) Creation of a community telecommunications data base;

(iii) Definition and harmonization of the principles of fixing service tariffs and interconnection of networks;

(iv) Development of national expertise in validation of standards and conformity control of telecommunications equipment, with eventually the setting up of a regional standards board.

1.3 COMMON MARKET FOR EASTERN AND SOUTHERN AFRICA (COMESA) 1.3.1 Objectives of COMESA

The objectives of COMESA as defined in the Treaty and its protocols are as follows to:

(a) Promote cooperation and integration covering all fields of economic activity, particularly, trade, customs, industry, transport, communications, agriculture, natural resources and monetary affairs;

(b) Raise the standard of living of the people by fostering closer relations among its Member States;

(c) Create a Common Market by the year 2000 in order to promote free movement of goods, capital and labor within the subregion; and

(d) Contribute to the progress and development of the other African countries.

With regard to telecommunications, the COMESA Member States undertook: to:

- Improve their telecommunication networks to meet the standards needed for efficient inter-State communications within COMESA

- Establish direct multimedia digital links within COMESA to reduce out-payment costs and improve the quality of service;

- Harmonize, where possible, their telecommunications tariffs among themselves.

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aota np.PODTnM the rniwMimnrATinNssErrrnii-VO _ ______ _

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1.3.2 Current status

A. Telecommunication networks and services A.1 Infrastructures

The Common Market for Eastern and Southern Africa (COMESA) is currently promoting the establishment of a regional telecommunications network. This regional teiecommunications network will be built and managed by COMTEL Communications Ltd, This is with a view to facilitating trade relations within the Eastern and Southern Africa region. The idea of establishing COMTEL Communications Ltd is the outcome of a study on telecommunications network inter-connectivity and tariff harmonization undertaken by Telia Swedtel on behalf of COMESA with financing from the African Development Bank.

The Network will be based on Asynchronous Transfer Mode (ATM) technology with an investment cost of approximately $US 172 million.

The COMTEL project covers the following countries: Angola, Burundi, Comoros, Djibouti, Egypt, Eritrea, Ethiopia, Kenya, Malawi, Madagascar, Mauritius, Namibia, Rwanda, Seychelles, the Sudan, Swaziland, the United Republic of Tanzania, Uganda, the Democratic Republic of Congo, Zambia and Zimbabwe.

Project Objectives

In many countries of the COMESA region today, the current levels of capital investment are inadequate to match with the improvement in the required telecommunications infrastructure. Many existing telecommunications operators are unable to mobilize the huge amount of capital required to upgrade their networks within a reasonable time frame. The existing telecommunication infrastructure is, in most places, fraught with many short- comings. As the traditional methods of funding telecommunications infrastructure from the multilateral institutions is no longer applicable, other sources of financing this primary sector are being encouraged. One of such sources is through joint venture operations involving shared capital with the private sector. With the ongoing process of adopting investor friendly teiecommunications policies, private sector investment is being seen as a means to improve the performance of the sector in availability, quality and price of services provided for customers.

The Network [MAP 2]

The configuration of the COMTEL backbone network has been designed to include a mix of optic fibre, microwave and satellite connectivity. The network will facilitate transmission of voice data of various bandwidth, and TV programmes. Although the network configuration has been designed on the basis of Asynchronous Transfer Mode (ATM) technology in the feasibility studies, the company reserves the right to select the appropriate technology on a country by country basis.

The network will be built on '^existing la

Nevertheless, new transmission routes operating on a mix of fibre-optic cable, digital microwave and satellite systems have to be constructed to reach some countries.

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The feasibility study carried out based on the required investment costs and traffic projections shows good returns on investment.

Institutional framework

COMTEL Communications is a private limited liability company that was registered as an offshore company in Mauritius on 26 May 2000. Subsidiaries will be established in other project countries depending on operational requirements of the network.

COMTEL Investment Ltd, a private company registered in Mauritius as an offshore company on 26 May 2000 will be used by National Telecommunications Operators (NTOs) to promote investment in COMTEL Communications Company.

Non-COMESA countries are free to join the company and be part of the network.

Current status of the project

From its inception in September 1998, the COMTEL Steering Committee has concluded a number of important milestones through the work of various sub committees such as the Working Group (which comprised NTOs from South Africa as Chairman, Egypt, Burundi, Kenya and the Sudan), the Special Committee ( comprising eight countries, namely Egypt, Zimbabwe, Burundi, Zambia, the Sudan, Kenya, the United Republic of Tanzania, and Malawi) and the Legal Committee comprising Legal Counsels from all the NTOs. The following tasks, among others, have been successfully concluded :

(a) Traffic verification and proposed network investment cost analysis;

(b) Completion of the COMTEL Business Plan;

(c) Preparation of Shareholders Agreement, Articles of Association and Memorandum of Association for both the COMTEL Investment Company and COMTEL Holding Company;

(d) Pre-qualification of the Strategic Equity Partner bidders.

Ten NTOs have so far appended their signatures to the COMTEL Investment Company Shareholders Agreement. Many more have given positive indications pending their Boards' approval.

Shareholders

In line with the current thinking and trend in the region, the COMTEL Communications Ltd Company shares have been structured in such a way as to ensure that the private investor will have majority equity shareholding. Shareholders will be NTOs

from the project countries, a Strategic ^equity/Partner (SEP) and other corporate or

institutional bodies. The actual shareholding structure is yet to be agreed upon. Share allocations consist of SEP 30 per cent, Private Sector Investors 45 per cent and NTOs 25 per cent.

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The process is going on. After the legal aspect, the international tender document for equipment has been sent for bidding.

The ultimate goal of this project, among other things, is to attract investment, build institutional capacity, ensure efficient provision of telecommunications services, introduce new advanced technologies, and help establish regional operators to facilitate intra- and extra-regional traffic.

COMESA encompasses the largest subregional economic arrangement in the African region, and is one of the more successful regional economic cooperation and integration groups in Africa. The extent to which efforts are being made by COMESA member countries to ensure compatibility of technology, equipment and connectivity with neighbouring telecommunication systems and networks encourages joint investment in regional switching for international voice and data traffic. In addition, it helps to coordinate plans in establishing satellite footprints that cover their subregion and cooperate in establishing seamless connectivity of cellular networks.

1.4 SOUTHERN AFRICAN DEVELOPMENT COMMUNITY (SADC)

1.4.1 Objectives of SADC ""

The objectives of the Community as stated in the Treaty are to:

• Achieve development and economic growth, alleviate poverty, enhance the standard and quality of life of the peoples of-southern Africa and support the socially disadvantaged through regional integration.

• Evolve common political values, systems and institutions.

• Promote and defend peace and security.

• Promote self-sustaining development on the basis of collective self-reliance, and the inter-dependence of Member States.

• Achieve complementarity between national and regional strategies and

programmes.

• Promote and maximize productive employment and utilization of resources of the region.

• Achieve sustainable utilization of natural resources and effective protection of the environment.

• Strengthen and consolidate the long-standing historical, social and cultural affinities and links among the peoples of the region.

To achieve its objectives, SADC shall:

• Harmonize political and socio-economic policies and plans of Member States.

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• Mobilize the peqples of the region and their institutions to take initiatives to develop, economic, social and cultural ties across the region, and to participate fully in the implementation of the programmes and projects of SADC.

• Create appropriate institutions and mechanisms for the mobilization of requisite resources for the implementation of the programmes and operations of SADC and its institutions.

• Develop policies aimed at the gradual elimination of obstacles to free movement of capital and labour, goods and services, and of the peoples of the region generally among Member States.

• Promote the development of human resources.

• Promote the development, transfer and mastery of technology.

• Improve economic management and performance through regional cooperation.

• Promote the coordination and harmonization of the international relations of Member States.

• Promote international understanding, cooperation and support, mobilize the inflow of public and private resources into the region.

• Develop such other activities as Member States may decide in furtherance of the objectives of SADC.

The SADC signatories agree that underdevelopment, exploitation, deprivation and backwardness in Southern Africa will only be overcome through economic cooperation and integration. The Member States recognize that achieving regional economic integration in Southern Africa requires them to put their full support behind SADC to act on behalf of all Southern Africans for their common prosperity, peace and unity

1.4.2 Current status

A. Telecommunications network and services A.1 Infrastructure

The growth in demand for telephone lines has risen astronomically. Between 1997 and 1998 fixed lines grew by 17 per cent whist cellular operations rose sharply to 60 per cent over the same period.

The number of Internet Service Providers (ISPs) is also proliferating in the region, and the use of electronic mail (e-mail) is growing at a fast pace as a direct result. To address this skyrocketing demand SATA approved in December 1999 the implementation of a regional backbone at a cost of about US$180 million over 6 years, starting from year 2000 (SATCC, 2000).

27 ARIA REPORT ON THE COMMUNICATIONS SECTOR VO . _ -

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This backbone, SADC Regional Information Infrastructure (SRI!) will link all the SADC [MAP 3] countries by means of high capacity digital land and submarine routes, using microwave and optical fibre cables.

A.2 Institutional and legal framework

The Regional Telecommunications Restructuring Programme (RTRP) which was the main organ for implementing reforms ended its operations in September 1999. So far, no project is in place to assist in keeping momentum of the work, but the Telecommunications Regulatory Association of Southern Africa (TRASA) and Southern Africa Telecommunications Association (SATA), associations of telecommunications regulatory authorities and of telecommunications operators are pursuing activities in their respective areas. Furthermore, the SATCC Telecommunications Committee is overseeing the general progress in the sector.

The SATCC Telecommunications Committee, as the body responsible for implementing the telecommunications part of the Protocol, monitored the progress achieved by its meetings in June and December 1999 in Dar es Salaam and Mauritius respectively. Its main decisions include a need for a policy on information technology as an addition to the existing policy on telecommunications as well as a project to effectively develop human resources. The desired discussion paper on information Technology for SADC has been developed by SATCC-TU and the necessary consultative process will be undertaken for its eventual transformation to policy document.

The ongoing reforms are based on the SADC Protocol on Transport, Communications and Meteorology that came into force in July 1998. Since then, only Zambia has not ratified the SADC Protocol on Transport, Communications and Meteorology. However, the country is in the process of finalizing the ratification procedures and has demonstrated its commitment to the Protocol by proceeding with the implementation of many provisions.

Furthermore, ten model legislative provisions (MLPs) and model agreements were adopted to serve as regional guidelines for national reform processes. These include MLPs on investment in transport, telecommunications, commercial ports, maritime and inland waterway authority, road network financing and management, provision of air services, airports and air traffic and navigation services, and civil aviation authority. Other agreements adopted are the Model Telecommunications Protocol.

The Protocol sets forth the objectives of the Community in regard to transport, communications and meteorology, and specifies the policies and strategies by which these objectives are to be attained. Each member State has now formed a National Protocol Implementation Coordination Team (N-PICT); for each of eight subsectors, namely Roads, Railways, Maritime and Inland Waterways, Civil Aviation, Integrated Transport, Telecommunications, Postal Services, and Meteorology.

The private sector is currently involved in the provision of basic telephone services and decisions have been taken in most Member States to privatize, partially or wholly, the government-owned telecommunications entities. As of May 2000, South Africa and

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