[kictanet] Research Report: Empowering regulators to protect consumer rights in the ICT sector

Tue Apr 26 14:06:30 EAT 2011

Thanks Edith:

I can't agree more. On the 15 salient issues, and even if it were a mock
survey, I wonder whether our regulator could honestly speaking ably raise
over 3/15. This is what we have been making "noises" on. A regulator might
be good on "taming" operators but how realistic would it be if it does not
address the 15 "smart issues". Curiously, Kenya seems missing on the study?
Any idea of whom Consumers Federation of Kenya can partner with on this?
Perhaps these are some of the parameters that CCK Board needs to use in
appraising the institution (and the DG?). Regards, 

Stephen Mutoro   

From: kictanet-bounces+stephen=cofek.co.ke at lists.kictanet.or.ke
[mailto:kictanet-bounces+stephen=cofek.co.ke at lists.kictanet.or.ke] On Behalf
Of Edith Adera
Sent: Tuesday, April 26, 2011 1:33 PM
To: stephen at cofek.co.ke
Cc: KICTAnet ICT Policy Discussions
Subject: [kictanet] Research Report: Empowering regulators to protect
consumer rights in the ICT sector

Listers

This may be of interest for those with major concerns for consumers in the
telecommunication sector. For the full report see link below

Good way to gauge the performance of regulators.

Edith

PS: The published book and policy brief will be out soon

============

The final research report from the project 'Empowering regulators to protect
consumer rights in the ICT sector', is now available for download from this
link
http://link.wits.ac.za/projects/crrea.html for more details. This study was
undertaken with the support of the International Development Research Centre
of Canada (IDRC).

Between 2009 - 2011, the LINK Centre at the University of the Witwatersrand,
Johannesburg, and Balancing Act, London, undertook qualitative research into
regulation to protect and empower consumers in the ICT sector.  This project
covered five countries -  Ethiopia, Mauritius, Rwanda, Uganda and Zambia  -
all members of the Association of Regulators of Information and
Communication for Eastern and Southern Africa (ARICEA).

Research team members in each of the target countries summarised the current
position in respect of ICT consumer protection regulation, conducted
workshops and reported on the in-country research they undertook, and
drafted regulatory action plans for agreement with the national regulatory
authority.  In addition, a summary of international best practice in ICT
consumer protection regulation was produced.  

The following recommendations emerged from the final overall project
research report.

1       STRENGTHEN CONSUMER PROTECTION IN THE LAW
Governments should strengthen the provisions in the law that empower the
regulator to protect consumer rights in the ICT sector. Regulators can also
issue regulations that serve the same purpose and insist that operators
publish consumer charters.

2       SURVEY CONSUMER PERCEPTIONS AND ISSUES
        Regulators should regularly survey consumer perceptions regarding
the various service providers,  and should publish the survey results on
their websites and elsewhere. The results of these surveys should be one of
the strongest grounds for regulatory intervention on behalf of consumers.

3       REGULATORY INTERVENTION
        Regulators should intervene more strongly to protect consumers by
encouraging operators to improve their services, by requiring greater
network coverage, and by intervening in respect of pricing and quality of
service.

4       PRIORITISE KEY COMPLAINTS ISSUES
        Regulators need to identify, prioritise and respond to the key areas
of complaints from ICT consumers in each of their countries, including such
common problems as:  lack of network coverage in certain (mainly rural)
areas, frequent dropped calls, poor quality of service and excessive
pricing.

5       PUBLICISE CHANNELS OF COMPLAINT
        Regulators need to undertake awareness campaigns to ensure that
consumers know how to complain, and over what issues complaints are
justified. The service provider should always be the first port of call,
with the regulator acting as the complaints channel of last resort.  The
campaign could be carried by SMS messages from service providers, together
with point-of-sale information provided on starter packs and recharge
vouchers.

6       PUBLISH COMPARATIVE PRICING INFORMATION
        Regulators need to address confusion in respect of the pricing of
the various packages and services offered. The publication of certain
comparable benchmark data in a single location would greatly assist
consumers to compare prices and empower them to choose the ICT services best
suited to their needs at the most affordable price.

7       FOCUS ON MOBILE CUSTOMERS
        Regulators should give greater attention to the mobile sector, which
makes up the overwhelming majority of ICT consumers in Africa. Regulators
should exploit mobile as a channel of communications between regulators and
service providers and their customers.

8       PRIORITISE RURAL CONSUMERS
        Regulators should give more attention to rural consumers, despite
the challenges and additional costs of doing so, because they have less
consumer awareness and customer empowerment, and because certain consumer
issues such as poor network coverage and dropped calls disproportionately
affect rural consumers.

9       INCREASE THE PROFILE OF THE REGULATOR
        Regulators need to increase their profile among ICT consumers, who
have limited awareness of them and the importance of their work, using a
variety of channels (including radio, television, community media, SMS,
their websites, and the provision of point-of-sale information).  Regulators
should clarify their role and responsibilities, and claim greater credit for
their achievements in defence of consumer rights.

10      UNDERTAKE GENERAL CONSUMER EDUCATION
        Regulators need to undertake general consumer education is required
to increase understanding of how the ICT sector works, how consumers are
affected, what the specific consumer issues are, and what their rights and
expectations as ICT customers should be. The development of customer service
charters, along with a means of ensuring their widespread dissemination, is
a useful start.

11      INVESTIGATE SIM-SWAPPING
        Regulators should investigate exactly how widespread SIM-swapping
and the use of multiple-SIM phones is, along with what incentivises
consumers to engage in this (eg problems relating to network coverage or
pricing differentials between on-net and off-net calls).  Multiple SIM usage
may undermine the ability of the market to punish operators with poor
quality of service.  Regulatory interventions to extend network coverage or
to reduce mobile termination rates may be required.

12      REMAIN AWARE OF FUTURE TRENDS
        Regulators need to remain abreast of market developments and shifts
in customer preferences and consumer patterns. As the ICT sector continues
to evolve, so too should consumer protection regulation look ahead and be
proactive.

13      SUPPORT CONSUMER GROUPS
        Regulators need to support the establishment of at least one
consumer association which will defend the rights of ICT consumers, identify
and publicise their issues, advance the cause of ICT consumers and interact
effectively with the regulator.

14      SUPPORT FURTHER CONSUMER RESEARCH
        Regulators need ensure that effective regulatory and policymaking
intervention is supported and underpinned by appropriate research into
consumer protection and empowerment issues, both nationally and more
generally.

15      STRENGTHEN REGULATORY AUTONOMY
Regulators need to have greater independence, greater authority and autonomy
for the separate regulatory functions (including that of consumer
protection), supported by greater capacity building, to strengthen
intervention and increase responsiveness in support of the protection of ICT
consumers.

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