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

Sat Jan 27 10:33:00 EAT 2007

What form/level of regulation would be required? Eric plse
on Open Access, plse elaborate maybe in three paragraphs.
And maybe also Kai would have a comment on Regulation with
regard to a Private sector submarine OFC provisioning....oh
yes, Kihanya (the learned one) may have a point too...

walu.
nb: Govt officials are also encouraged to say something -
members are informed to treat their comments as their
personal and not official postions ;-).

--- Lucy Kimani <lkimani at comnews.co.ke> wrote:

> 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
> 
=== message truncated ===

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