[Kictanet] Day 4 of 10: What are the Existing/Sugested legal andregulatory framework for OFC?

Fri Jan 26 17:40:27 EAT 2007

OK. Looks like Fridays are still fridays -even online. Very
little activity. Heard from only Harry and Alex...is there
anyone out there still logged on to give us their views b/w
now and 2morrow.

walu.
--- Harry Hare <harry at aitecafrica.com> wrote:

> Dear Walu,
> 
> Just checked the dictionary definition of "Regulate" and
> got these synonyms
> - rule, govern, manage, order, adjust, arrange, dispose,
> conduct,
> systematize. Al these sound and are good "English" words
> cos they give you
> the sense of stability, odder and continuity. However,
> these may not be so
> good "legal" words because law introduces the concept of
> constrain. Then
> these words become a burden that regulation is
> (especially to the private
> sector) and that regulatory frameworks prescribe.
> 
> On the same breath, I would argue that its not a simple
> lets have or no,
> lets not regulate the OFCs. I think we need to regulate
> in the sense of
> providing continuity by systematizing and managing for
> the benefit of all,
> so regulation should only be used to facilitate and not
> constrain.
> Non-regulation to me sounds chaotic and not sustainable
> in the long run!
> 
> Lets have a "facilitative regulatory framework" so that
> the private sector
> can do what they do best...invest and get a return on
> their investment; and
> the government collects its taxes while we enjoy
> efficient and affordable
> the services!
> 
> Harry
> 
> -----Original Message-----
> From:
> kictanet-bounces+harry=aitecafrica.com at kictanet.or.ke
>
[mailto:kictanet-bounces+harry=aitecafrica.com at kictanet.or.ke]
> On Behalf Of
> John Walubengo
> Sent: Friday, January 26, 2007 9:40 AM
> To: harry at aitecafrica.com
> Subject: [Kictanet] Day 4 of 10: What are the
> Existing/Sugested legal
> andregulatory framework for OFC?
> 
> Thanx Brain, Kai, et al for your contributions on the
> previous themes, I now wish to introduce today's theme as
> shown above.
> 
> It looks like on the Regulatory theme, there is very
> little
> option.  The choice is simply between having or NOT
> having
> Regulatory environments for the submarine cable.  The
> current practice is simply NO Regulation by virtue of the
> fact that most OFC is laid out by Private sector with
> commercially agreed private contracts.  These are kept
> confidential until or unless a dispute arises in which
> case
> it is resolved through existing Company Laws or
> Competition
> Laws. None-Regulation has therefore served well in
> managing
> Private sector investements.
> 
> However, in the Case of a Consortium model, where Public
> Funds have been committed to build the infrastructure,
> some
> argue that Regulation is required to ensure that the
> Public
> interest (social benefits) are balanced against the 
> Private (profit) interests.  The Consortium operators
> however find this recommendation not encouraging since
> they
> feel that Regulation would tend to frustrate an otherwise
> enterprising venture that would excel without Regulatory
> constraints.
> 
> As for the proposed Open Access Model, the Regulatory
> frameworks suggested seem to range from None, Some,
> Delayed
> to Full Regulation.  I still don't know how these
> different
> variants would apply but would be glad to hear more from
> the participants.  So lets explore the Pros and Cons of
> these options but approaching it in a practical way as
> follows:
> 
> What benefits/disadvantages has Non-Regulation brought to
> submarine OFC within the the context of the three models
> 	a) Purely Private Provisioning of OFC
> 	b) Consortium Provisioning of OFC
> 	c) Open Access Provisionig of OFC.
> 
> 2Days discussion - the eFloor is open to all however.
> Operators, Lawyers, Regulators, Policy Makers, CSO &
> Consumers are particularly encouraged to say something.
> 
> walu.
> --- Bill Kagai <billkagai at gmail.com> wrote:
> 
> > Brian...
> > Signs of a good Cabaret Sauvignon over lunch today!!!
> > 
> > Anyway,
> > We are all converted capitalists hosting the World
> Social
> > Forum..so I say..a
> > good model is the one that makes good money for all of
> > us.
> > 
> > 
> > On 1/25/07, Brian Longwe <brian at pure-id.com> wrote:
> > >
> > > For once I get to make my comment on the day it is
> due
> > (good job, Brian -
> > > keep it up) .......  {I heard that when you start
> > talking to yourself you
> > > should get worried..... how about when you start
> > sending email to yourself?}
> > >
> > > HAHAHAHA!
> > >
> > > Anyway on a more serious note, some years ago I had a
> > v. interesting
> > > dialog on this issue of submarine infrastructure. The
> > people I was talking
> > > to (don't remember exactly who)  {is loss of memory a
> > sign of age, senility,
> > > insanity or all 3 together} hehehe.....
> > >
> > > ---as I was saying, the people I was talking to
> > mentioned that the perfect
> > > model has existed for the longest time in the oil &
> gas
> > pipelines in
> > > different parts of Europe. These cross multiple
> > jurisdictions, are critical
> > > to the livelihoods and economies of all the
> > stakeholders, support the
> > > existence and stability of a wide spectrum of
> sectors,
> > and at the end of day
> > > provide something that an individual or family pays
> > for.
> > >
> > > Taking all of the above into consideration - these
> > projects are
> > > deliberately designed not to make a profit. (In fact
> it
> > was hinted that some
> > > of them are designed to make a loss - pssst don't say
> > anything to the banks
> > > - snicker, snicker, hee, hee)
> > >
> > > So at the end of the day you have a consortium<ouch>
> or
> > group of parties
> > > that come together to form an SPV <yay> which then
> > raises the funds required
> > > and builds the damn thing - so that all the various
> > "downstream" parties can
> > > make their money, needless to say this helps the
> > circulation of currency,
> > > etc, etc, etc...
> > >
> > > So, my take is that OpenAccess - SPV - build at cost
> -
> > don't aim for
> > > profit - facilitate growth elsewhere is the way to
> > go....
> > >
> > > I'll stop now because if I don't I may start writing
> > some of the things I
> > > want to say to myself in a separate email ;-)
> > >
> > > Brian
> > >
> > >
> > > _______________________________________________
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> > 
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> 
> 
>  
>
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=== message truncated ===

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