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

Fri Jan 26 20:24:25 EAT 2007

Regulation is definately required as even the big boys of the west are
regulated, in a capitalistic environment (read cat-throat) self-regulation
has not worked, and is sure a recipe for disaster.

LK
> 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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