[kictanet] Day 6 of 10: current challenges facing the eRegulator

[John Walubengo]

quite enriching indeed this research by IDRC.

It seems to have spoken for the Consumer
Societies/Assosciations.  I never knew me as a consumer
deserved such 'rights & privilages' as highlighted in your
summary below.  And yes, I do miss the input from
Operators.  Other than Jonathan (AccessKenya), it looks
most have opted to watch events as they unfold.  Mugambi
(TKL) Kai(KDN) Michael J (Safaricom), Gerhard (Celtel),
Sammy B(TESPOK) any contributions on these discussions?

walu.
--- eadera at idrc.or.ke wrote:

> Interesting discussions.
> 
> I would like to enrich the discussions by sharing the
> results of an
> IDRC Research study aimed at understanding consumer
> issues in the ICT
> sector and practical ways in which they could be
> addressed. It's
> entitled "holding companies to account" - report
> attached,
> recommendations here below for quick reference. Anyone
> interested in
> the published hardcopy report or CD Rom, please let me
> know and we
> will be glad to share these with you (we have several
> copies).
> 
> Kenya is one of the case studies with an African overview
> included.
> Kenyan operators participated in the interim results
> sharing session.
> It was also shared with ARICEA regulators and very well
> received.
> 
> However one of the greatest challenges was getting
> complaint data
> from the operators for open analysis - key question - how
> can
> complaint data be declared public domain information?
> This would open
> a wide range of opportunities for accountability and
> redress.
> 
> Beyond making information available (even if you provide
> it directly
> to mobile phones), what practical avenues exist to
> redress
> complaints? Effective ways? What mechanisms would provide
> greater
> bargaining power for consumers?
> 
> IDRC is currently considering a follow-up action-oriented
> initiative
> that will engage with regulators and consumer bodies,
> where they
> exist, to explore some practical solutions to these
> issues. The
> demand has come from regulators in 5 countries following
> the ARICEA
> presentation.
> 
> It would be nice to hear contributions from operators and
> the
> regulator, they are missing in the discussions
> 
> Edith Adera
>  
> ******
> Recommendations:
> 
> Key issues from a consumer perspective: From all the
> evidence
> gathered for 
> this study it is clear that three broad issues affect
> consumers
> adversely: 
> price of service, quality of service and access to
> service.
> As operators become more established, regulators need to
> shift their 
> emphasis from the industry part of their mandate to
> addressing the
> consumer 
> interest more directly under each of these three
> headings. A
> key area for concern affecting large numbers of consumers
> is the lack
> of 
> price competition in most African
> mobile markets.
> 
> A consumer framework  law, regulation and codes of
> conduct: Where
> consumer 
> and competition law exists, it is important to encourage
> the
> undertaking of 
> test cases to demonstrate that these laws can operate and
> that the 
> successful conclusion of test cases will help regulators
> support the 
> consumer interest in their discussions with industry.
> Where it has
> not 
> already occurred, regulators need to encourage
> competition
> (particularly in 
> the services layer) to help address the issues of price
> and quality
> of service.
> 
> Complaint resolution: Where it does not already occur,
> regulators
> need to 
> ensure that a Code of Conduct (covering the rights and
> responsibilities of 
> consumers) is a condition of licence for operators, along
> with the 
> obligation to publicise the existence of the Code of
> Conduct.
> 
> Regulators need to publicise their own complaints
> procedures
> effectively 
> and gather data from complaints made that can influence
> policy and 
> regulation. Where it does not already occur, the Consumer
> function
> within the regulator needs to be: properly resourced,
> managed at a
> senior 
> level and have direct access to senior management.
> 
> The informed consumer  the need for information to help
> choice:
> Serious consideration should be given regulatory
> enforcement of
> compulsory 
> disclosure by the operators
> of accurate, comparable statistical information relating
> to the
> numbers and 
> breakdown of customer complaints. While this is likely to
> be resisted
> by 
> the companies concerned, and although careful formulation
> is necessary to ensure comparability and
> comprehensiveness, it would 
> greatly incentivise customer responsiveness on the part
> of the
> companies. 
> It would act as a powerful tool to promote consumer
> empowerment and
> freedom 
> of choice.
> 
> If compulsory disclosure proves impossible to implement
> then
> regulators 
> should themselves initiate independent surveys that
> identify levels
> of 
> consumer satisfaction.
> 
> As with the example from India given in Box 4, regulators
> need to set
> a 
> simple "basket" of performance indicators on which
> operators can be
> judged 
> and the results from these studies should be published at
> least
> on an annual basis. On a slightly broader front,
> regulators need to
> be more 
> proactive in educating consumers about market issues like
> underlying
> mobile 
> prices and consumer broadband and contention ratios.
> 
> If information is central to making informed choices,
> regulators need
> to 
> develop effective communications strategies to talk
> directly to
> consumers 
> and (as is already happening in some countries) these
> need to take
> account of the levels of education and literacy amongst
> consumers.
> 
> The role of the regulator: Regulators need involve
> consumers in their
> work 
> and ensure that their perspective is fed into their work.
> A number of 
> different approaches are available to help bring this
> about.
> Regulators ought to seek to work closely with consumer
> bodies as a
> way of 
> strengthening the consumer aspects of their mandates.
> Depending on
> the 
> constitutional framework of the regulator, it may be
> possible
> to provide direct support for this kind of work.
> Particular emphasis
> might 
> be given to supporting those complainants that lack the
> wealth and 
> 
=== message truncated ===>
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