[Kictanet] Day 4 of 10: What are the Existing/Sugested

Tue Jan 30 16:47:58 EAT 2007

Makes sense. Thanks for the clarifications Eric, John.

Alan

----- Original Message ----- 
From: "Eric Osiakwan" <eric at afrispa.org>
To: <alan at openresearch.co.za>
Sent: Tuesday, January 30, 2007 12:43 PM
Subject: Re: [Kictanet] Day 4 of 10: What are the Existing/Sugested

> Alan,
>
> The specific context here was "regulation" and am sorry you read my
explanation to mean
> money on the cable. That is not the case, however the cable needs to make
enough money to
> keept itself running otherwise we dont have a cable.
>
> Ultimately, the objective is to get cheaper prices than the exhaubitant
options we cannot
> curently afford so the end result of my point from the regulatory side
joins into  John's point.
>
> When there is competition on the infrastructure side, because the first
cable is cheap, others
> would have to be cheaper and more reliable so the proposition is to assume
a certain
> structure and regulatory as well as financial mechanism that makes the
first cable as cheap
> as possible.
>
> Eric here
>
>
> ---------- Original Message ----------------------------------
> From: "Alan Finlay" <alan at openresearch.co.za>
> Reply-To: Kenya ICT Action Network - KICTANet <kictanet at kictanet.or.ke>
> Date: Mon, 29 Jan 2007 16:17:17 +0200
>
> >Hi Eric
> >
> >Earlier John said that the Open Access model put forward that access to
the
> >fibre optic should be at cost, and the money made at the service end
only.
> >
> >Your version says that access to the cable can be competitive - or that
> >entities that invest in the cable's infrastructure must be allowed to
make a
> >profit out of the cable.
> >
> >Is this correct? Can you elaborate a bit on the differences between these
> >two 'open access' positions as you understand them?
> >
> >Thanks
> >Alan
> >
> >
> >----- Original Message ----- 
> >From: "Eric Osiakwan" <eric at afrispa.org>
> >To: <alan at openresearch.co.za>
> >Sent: Monday, January 29, 2007 11:42 AM
> >Subject: Re: [Kictanet] Day 4 of 10: What are the Existing/Sugested
> >
> >
> >> Dear All,
> >>
> >> The Open Access Model makes two important distinctions which the
> >regulatory policy
> >> environment must capture and enforce;
> >> 1. the distinction between infrastructure and services so that
> >infrastructure providers are
> >> NOT allowed to also provide SERVICES and vice versa.
> >>
> >> 2. owership of the infrastructure (in layer 1) should not guarantee any
> >form of fair or unfair
> >> access to capacity for the provision of service (in layer 2).
> >>
> >> 2. that there is no discrimination within and between both camps so
that
> >infrastructure
> >> providers are able to establish clear and transparent trading
> >relationships with all service
> >> providers and vice versa. Within the infrastructure or service layer
there
> >should be no
> >> restriction on COMPETITION and SERVICE DELIVERY.
> >>
> >> This creates an ecosystem of various operators interconnecting
seemlessly
> >and ensuring
> >> there is interoperability.
> >>
> >> Eric here
> >>
> >>
> >> NB: Becuase my preference is for the "first" infrastructure entity to
be
> >owned in a multi-
> >> stakeholder approach, the financial mechansims that are employed may
also
> >impose some
> >> regulations from the financial market that can only be detailed on a
case
> >by case basis.
> >>
> >>
> >> ---------- Original Message ----------------------------------
> >> From: John Walubengo <jwalu at yahoo.com>
> >> Reply-To: Kenya ICT Action Network - KICTANet <kictanet at kictanet.or.ke>
> >> Date: Fri, 26 Jan 2007 23:33:00 -0800 (PST)
> >>
> >> >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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> >>
> >> --
> >> Eric M.K Osiakwan
> >> Executive Secretary
> >> AfrISPA (www.afrispa.org)
> >> Tel: + 233.21.258800
> >> Fax: + 233.21.258811
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> >> Office: BusyInternet - 42 Ring Road Central, Accra-North
> >> Blog: http://blogs.law.harvard.edu/eric/
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> >>
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> --
> Eric M.K Osiakwan
> Executive Secretary
> AfrISPA (www.afrispa.org)
> Tel: + 233.21.258800
> Fax: + 233.21.258811
> Cell: + 233.244.386792
> Handle: eosiakwan
> Snail Mail: Pmb 208, Accra-North
> Office: BusyInternet - 42 Ring Road Central, Accra-North
> Blog: http://blogs.law.harvard.edu/eric/
> Slang: "Tomorrow Now"
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