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

Wed Apr 27 14:02:21 EAT 2011

OK. I think it's worth engaging with them to review progress towards addressing consumer issues - this is the kind of constructive engagement we hope our findings will stimulate across the continent.

The 5 countries we worked on developed action plans with consumer bodies and stakeholders and these are now being implemented - they are at varying stages of implementation.

Do invite industry stakeholders when the meeting happens.

Good day!

Edith

From: Stephen Mutoro [mailto:stephen at cofek.co.ke]
Sent: Tuesday, April 26, 2011 5:57 PM
To: Edith Adera
Cc: 'KICTAnet ICT Policy Discussions'; snjau at cofek.co.ke; 'Rachael Wanja'; 'Everline Gikenyi'; henry at cofek.co.ke
Subject: Re: [kictanet] Research Report: Empowering regulators to protectconsumer rights in the ICT sector

Sure. I respect and congratulate their own very high rating which could still be debatable. The trouble in our country is our benchmarks are always pegged on historical local perspectives rather being informed by today's competitiveness against their respective best performing contemporaries globally. If truth must be told, consumers are on average becoming more informed, emboldened legally and are fast asking the right questions at the right places. At the risk of getting into details - even the structure of CCK where the pr dept and consumers affairs dept operates almost independently and at different hierachies could be an impediment to the consumer interests.

Be that as it may, once we fully understand the new report, we will seek a half day meeting with CCK to undertake a joint and detailed appraisal against the 15 indicators. We may also carry out ano independent survey. Good evening

Stephen

Sent from my BlackBerry(r)

________________________________
From: Edith Adera <eadera at idrc.or.ke>
Date: Tue, 26 Apr 2011 17:26:37 +0300
To: Stephen Mutoro<stephen at cofek.co.ke>
Cc: 'KICTAnet ICT Policy Discussions'<kictanet at lists.kictanet.or.ke>; snjau at cofek.co.ke<snjau at cofek.co.ke>; 'Rachael Wanja'<rachael at cofek.co.ke>; 'Everline Gikenyi'<everline at cofek.co.ke>; henry at cofek.co.ke<henry at cofek.co.ke>
Subject: RE: [kictanet] Research Report: Empowering regulators to protect consumer rights in the ICT sector

Dear Stephen,

Glad to learn you have the same observations regarding consumer issues and the research findings/recommendations.

I understand that CCK consumer department states that they would score 13/15. So it might be useful to engage CCK to report on their achievements on consumer issues  - they could also explain why there were not part of the study as they opted to pull out.

Regards.

Edith

From: Stephen Mutoro [mailto:stephen at cofek.co.ke]
Sent: Tuesday, April 26, 2011 2:07 PM
To: Edith Adera
Cc: 'KICTAnet ICT Policy Discussions'; snjau at cofek.co.ke; 'Rachael Wanja'; 'Everline Gikenyi'; henry at cofek.co.ke
Subject: RE: [kictanet] Research Report: Empowering regulators to protect consumer rights in the ICT sector
Importance: High

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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