Establishment of Harmonized Policies for the ICT Market in
the ACP
The Gambia: Universal Access and Service
(UAS) Framework and Regulations
March 2013
HIPSSA
Support for Harmonization
of ICT Policies in Sub-
Sahara Africa (HIPSSA)
Disclaimer
This document has been produced with the financial assistance of the European Union. The views
expressed herein can in no way be taken to reflect the official opinion of the European Union.
The opinions expressed in this report are those of the author(s) and do not necessarily represent the
views of the International Telecommunication Union (ITU) or its membership. The designations employed
and the presentation of material, including maps, do not imply the expression of any opinion whatsoever
on the part of ITU concerning the legal status of any country, territory, city or area, or concerning the
delimitations of its frontiers or boundaries. The mention of specific companies or of certain products does
not imply that they are endorsed or recommended by ITU in preference to others of a similar nature that
are not mentioned.
ITU 2013
All rights reserved. No part of this publication may be reproduced, by any means whatsoever, without the
prior written permission of ITU.
Acknowledgements
ITU would like to thank the the Ministry of Information and Information Technology (MIIT) in Gambia, the
Department of State for Information and Information Technology, and the Public Utilities Regulatory
(“PURA”) for the positive response to the call for requests for technical assistance and collaborative
efforts in pursuing the national transposition of the Model Laws. ITU would like to thank the International
Experts for their efforts in the technical assistance provided under the HIPSSA Project to carry out the
review of the Universal Access and Service (“UAS”) policy framework and the drafting of UAS regulations.
Production of this Report was carried out under the supervision of the HIPSSA Senior Project Coordinator,
Ms. Ida Jallow, and of the ITU-EC-ACP Project Manager, Mr. Sandro Bazzanella, with the orverall support
of the HIPSSA Project Assistant, Ms. Hiwot Mulugeta, and of the ITU-EC-ACP Project Assistant, Ms. Silvia
Villar.
The team at ITU’s Publication Composition Service was responsible for its publication in hardcopy and
online.
> Foreword v
Fore
wo
rd Foreword by
Mr. Brahima Sanou
Mr. Brahima Sanou
Director of the Telecommunication Development Bureau of the ITU
HIPSSA – Gambia Universal Access and Service Project
> Table of contents vii
Tab
le o
f co
nte
nts
Summary of the Mission
This project (“the Gambian UAS Project”) is focussed on the review of the Gambian Universal Access and
Service (“UAS”) policy framework and the drafting of regulations on UAS and the Establishment of the
Universal Service and Access Fund. Theses regulatory tools and the supporting analysis have been
prepared in line with international best practice, and specifically the “Harmonisation of ICT Policies in Sub-
Sahara Africa” regional guidelines and the “Toolkit on Best Practices using Universal Access and Service
Funds” (“HIPSSA UAS Toolkit and Guidelines”), as well as local Gambian requirements as set out in policy,
legislation and other regulations. This report deals with the outcomes of the entire project.
Context of the Gambian UAS Project
The ITU-EC joint project for “Harmonisation of ICT Policies in Sub-Sahara Africa” (HIPSSA) builds upon the
experienced gained with a pilot project funded by European Commission (EC) and ITU that led to the
adoption of Additional Acts for telecommunications to the ECOWAS Treaty. It aims at developing and
promoting harmonized policies and regulatory guidelines for the ICT market as well as building human
and institutional capacity in the field of ICT through a range of targeted training, education and
knowledge sharing measures. The HIPPSA project will result in the creation of harmonized regional and
national policy, legal and regulatory frameworks conducive to significant investments in the ICT
infrastructures and services.
The Gambian UAS Project is in response to a specific request made to and approved by the BDT Director
of the ITU. The Gambia is in the process of provision of the ICT Act and in so doing establishing a universal
services fund, preparing a UAS Policy and making regulations on UAS.. The Expert was responsible for
supporting the Gambia in drafting a policy framework and regulations based on the reports developed by
the HIPSSA project on regional Guidelines and Toolkit on Best Practices using Universal Access and Service
Funds as well as the identified needs of the beneficiary country – the Gambia.
In the course of the Gambian UAS Project, the Expert worked with the beneficiary country Gambia, their
Regulatory Body (PURA), and the Ministry via the Permanent Secretary who was the focal point. The
outcomes of the project included:
A review of Gambia’s relevant national policies e.g. on socio-economic development
policies, national development plans, ICT policies, country vision etc., legislation and
viii
regulations (adopted and under preparation) relating to Universal Access and Service (UAS)
(See Part 1: Policy Making and Legislative Analsysis)
A comparative analysis of these national policies, legislations and regulations highlighting
their respective strengths and weaknesses and their degree of alignment with the existing
SADC Policy on Universal Access / Service Guidelines and associated Toolkit (See Part 1:
Policy Making and Legislative Analysis)
Discussions of the above reports with the relevant stakeholders resulting in a final
assessment and recommendations (See Part 2, Part 3 and Part 4: Draft Policy, Draft
Regulations on Establishing a Fund, Draft UAS Regulations, and Implementation Notes).
Identification of the gaps between Gambia’s policies and legislation on UAS and best
practices and propose amendments on how to address these gaps (See Part 4:
Implementation Notes).
HIPCAR – Report title
> Summary ix
Table of contents
Page
Acknowledgements v
Foreword by Mr. Brahima Sanou v
Introduction 13
Part 1: Policy Making and Legislative Analysis 14
1. Executive Summary 16
2. Introduction 16
3. UAS Framework Approach 17
4. Institutional Framework 18
5. Assessment of Legislation, Policies, Regulations 18
6. Summary of Findings 1
Part 2: Universal Service and Access Policy 2
Foreword 4
1. Introduction and Background 5
1.1 Context 5
1.2 Legal and Policy Context 5
2. State of the IC Sector 6
2.1 National Context 6
2.2 IC Sector Context 7
2.3 Pricing and Affordability 9
3. Vision, Principles, Objectives and Goals 10
3.1 Vision 10
3.2 Principles 10
3.3 Definitions 11
3.4 Objectives 11
x
3.5 Goals 12
4. Strategy and mechanisms for the implementation and funding of UAS 14
4.1 Strategic Universal Access and Service Interventions 14
4.2 Targets and Definitions 14
4.3 Universal Access and Service Obligations 15
4.4 Universal Access Fund 16
4.5 Infrastructure Development Financing 18
5. Interventions Supporting Universal Access and Service 18
5.1 Liberalisation and IC Sector Reform: 18
5.2 Strong Regulatory Framework: 19
5.3 Supply-side Innovation: 19
5.4 Demand-side Innovation: 19
5.5 Realising the Value from UAS: Promoting the Electronic Content Sector 20
5.6 Quality of Service: 20
5.7 Consumer Protection: 20
5.8 Compliance Reporting 21
6 Promoting Policy Effectiveness: Implementation, Monitoring and Review 21
6.1 Implementation Arrangements 22
6.2 Accountability 22
6.3 Governance 23
6.4 Policy Co-ordination 23
6.5 Policy Implementation: 23
List of Acronyms 25
Part 3: Draft Regulations - Fund Establishment
26
Part 4: Draft Regulations - Universal Access and Service 38
Part 5: Implementation Notes to Support Draft Regulations 55
HIPCAR – Report title
> Summary xi
1. Background 55
2. Next Steps/Further Action Required to Implement UAS Regulations 55
3. Next Steps for Fund 56
4. Strategic Decisions 56
4.1 Universal Service Levy and “Special Tariff” for schools and hospitals 56
4.2 Benchmarking of Universal Service Levies – SADC 57
4.3 Benchmarking “Special Tariffs” or E-rates 59
4.4 Emergency Services 60
HIPSSA – Title
> Table of contents 13
Intr
od
uct
ion
Introduction
The present document represents an achievement of National activities carried out under the HIPSSA
project (“Support to the Harmonisation of ICT Policies in Sub-Sahara Africa”) officially launched in
Addis Ababa in December 2008.
In response to both the challenges and the opportunities of information and communication
technologies’ (ICTs) contribution to political, social, economic and environmental development, the
International Telecommunication Union (ITU) and the European Commission (EC) joined forces and
signed an agreement aimed at providing “Support for the Establishment of Harmonized Policies for
the ICT market in the ACP”, as a component of the Programme “ACP-Information and
Communication Technologies (@ACP)” within the framework of the 9th European Development Fund
(EDF).
This agreement is being implemented with funding of the European Union through three separate
sub-projects customized to the specific needs of each region: the Caribbean (HIPCAR), Sub-Saharan
Africa (HIPSSA) and the Pacific Islands Countries (ICB4PAC).
The Gamibian UAS Project Report constituted in this document pertains to the review of the UAS
policy framework and the UAS Regulations in Gambia drafted by the ITU appointed International
Experts
.
14
Part 1: Policy Making and Legislative Analysis
15
16
THE GAMBIA – REVIEW OF UNIVERSAL ACCESS AND SERVICE FRAMEWORK ANALYSIS AND
COMPARISON OF NATIONAL POLICIES, LEGISLATION AND REGULATIONS
1. Executive Summary
This report forms part of a broader project initiated by the Gambian Regulatory Body supported by the
International Telecommunications Union (“ITU”) which seeks to analyse the Gambian Universal Access
and Service Framework (“UAS Framework”). This document constitutes that analysis and comparison of
national policies, legislation and regulations in the Gambia. The Gambian policy and legislative
framework is assessed based on the Universal Access and Service Assessment Framework proposed in
the ITU and Communications Regulators of Southern Africa’s (“CRASA) HIPSSA – Update of SADC
Guidelines on Universal Access and Service and Assessment Report, 2011.
Overall, the Gambia has a solid legal foundation for achieving universal service and access. The legislation
(Information and Communications Act (“IC Act”), 2009 and the PURA Act, 2001) are well drafted and
covers most of the key areas that are required in order to have a variety of strategies and approaches to
address the UAS challenges of the country. The 2009 IC Act covers the key principles relating to the
establishment of the Fund, the development of a policy and the preparation of regulations on UAS. In
addition, policy douments such as the NICI Policy, although a bit broad and dated addresses the national
vision for the IC sector, including its UAS vision. As such, the foundation is in place, and this project seeks
to take that foundation forward.
2. Introduction
This document constitutes an analysis and comparison of national policies, legislation and regulations in
the Gambia, and as a basis has the following key documents:
The Information and Communications Act (“IC Act”), 2009
The Department of State for Communication, Information and Information Technology’s
(“DOSCIIT”) Gambian ICT4D-2012 Plan for Developing the Gambian Information Economy
and Society and Accelerating the Process of Transforming The Gambia into the Silicon
Valley of Africa
The e-Readiness Assessment Report of the Government Sector (2009), and
17
The National Information and Communication Infrastructure (“NICI”) Policy and Plans for
The Gambia (2004)
The Gambian policy and legislative framework is assessed based on the Universal Access and
ServiceAssessment Framework proposed in the ITU and Communications Regulators of Southern Africa’s
(“CRASA) HIPSSA – Update of SADC Guidelines on Universal Access and Service and Assessment Report,
2011.
3. UAS Framework Approach
Figure 1 sets out the way in which the various universal service and access policy instruments and
definitions work together to create a coherent and effective UAS framework. The policy framework sets
out national priorities (which are then captured in the UAS Goals and key definitions of ‘universal service’
and ‘universal access’ amongst others). Thereafter, only once national priorities are clear, the market
access gaps are identifies – this affects the regulatory framework in that this informs the definition of
those who are in “need” and are thus beneficiaries of the Fund, and also the areas that can be considered
underserved and thus high priority – also eligible for subsidisation. Finally, with clear information relevant
to the Gambia available, a final step, i.e the identification of solutions, can be undertaken – the Gambian
law provides for certain possible solutions such as mandatory license obligations, and Universal Service
Fund contributions. These must be aligned with the actual gaps that have been identified – in the
absence of primary information, they may also be arrived at using secondary research and benchmarking.
Figure 1: UAS Framework
18
4. Institutional Framework
In terms of the 2009 IC Act, The Gambian institutional framework to support UAS includes the Secretary
of State, at the policy making level. The Secretary of State working with the Ministry for Information and
Communication Infrastructure are supported by two bodies which possess powers with respect to UAS.
On one hand PURA, the ICT sector regulator is resonsble for licensing, regulation and policy
implementation – the Gambian regime is liberalized and as such regulations such as interconnection,
spectrum management and licensing regulations can be designed to further UAS objectives. On the other,
the Fund Board, responsible for managing the Fund, is also a key roleplayer in the achievement of UAS in
the country. The Fund Board and PURA must work hand in hand in order to ensure the effective and
seamless delivery of UAS. Importantly, the Fund Secretariat is situated within PURA – this can play a
critical role in ensuring seamless implementation of UAS plans, policies and regulations.
Figure 1: High Level Overview of Institutional Framework
5. Assessment of Legislation, Policies, Regulations
Bearing in mind the UAS Framework Approach discussed in section 3, and using the Universal Access and
Service Assessment Framework proposed in the HIPSSA – Update of SADC Guidelines on Universal Access
and Service and Assessment Report, 2011, the remainder of this report provides the Ministry and the
Gambian regulator with an overview of the best practice principles which are are set out in column 1 of
the table below. The key documents that have been provided were analysed to see how the Gambian
framework fares with respect to the attainment of the principles. Where there are gaps between the UAS
framework in Gambia and what is broadly understood to be good practice, or where the principles may
be in place but further implementation is required this is highlighted in the last comment. It should be
noted that in the Gambian case, there is broad compliance with best practice; however, gaps lie in terms
of the implementation of key provisions that are provided for in the enabling legislation and supporting
policy documents.
19
ASSESSMENT OF UAS FRAMEWORK IN GAMBIA
Principle Treatment in Gambian Framework Comments and Actions Required
LEGAL MANDATE AND INSTITUTIONAL FRAMEWORK
Legal Mandate: clear legal mandate
in the law to support or address the
concept of Universal Access and
Service (UAS)
Law: The 2009 Information and Communications Act (“the
ICT Act”) - universal access a key issue, i.e. “bringing access
to the more remote areas of the country and those under
served in urban areas”.
Policy: The Secretary of State must develop a universal
service policy in consultation with the Department of State
and the Authority and submit it to the Government for
approval (section 7 of Act);
Fund: “Fund” means the Universal Service Fund that may
be established (by the Minister) under section 117
Legislation is fairly detailed and covers key principles with
a few exceptions as set out in the remainder of this
analysis.
UAS Policy: Pending - Department of State must draft a US
policy, proposal enclosed.
Fund: Pending – to be established by the Minister to
support the policy made by the Department of State, the
regulations made in terms of the ICT Act, and any relevant
license conditions. This includes appointment of Board of
Trustees/”Fund Board” (s118), and Chairperson by the
Minister; the Minister must then make regulations in
terms of s118(5) providing policy directions, approval of
operating plans, regulating Fund Manager’s activities, etc.
Secretariat (s119) by the Authority with supporting
20
regulations (made by the Minister) setting out its functions
Fund Manager (s120) by the Board on the basis of the
Secretariat’s recommendation as appropriate.
Institutional Framework: Need to clarify if the Fund
Secretariat is intended to be a “department” of the
Authority or a separate entity borrowing some of the
Authority’s staff?
Policy Co-ordination: The law/legal
mandate provides for coordination of
policies at national level (UAS is
coordinated with ICT4D, ICT4E,
national poverty reduction strategies,
MDG, cyber strategies, etc.)
Cooperation in the management of universal access or
service shall be explored on several levels-
(a) between the private sector and communities, so that
where possible; the market can deliver universal access or
service;
(b) between communities, Government and the private
sector, to ensure that the access gap is dealt with in a
manner that is relevant to communities; and
(c) within Government, to realize full benefits of
information and communications beyond infrastructure
ICT Act supports the vision and principles set out in the
NICI Policy (2004) and the ICT4D-2012 Plan. However, the
NICI Policy should be reviewed to reflect the status quo in
terms of key ICT indicators and to include more up-to-date
national targets, and the ICT4D -2016 Plan should be in the
process of development for implementation 2013 - 2016.
Note: Once established, the Fund can be used to support
already identified and scope ICT4D-2012 projects which
may be underway or outstanding. This would need to be
21
and technology, and extended to health, education,
agriculture and other sectors
ICT Act is consistent with NICI Policy and ICT4D-2-12 Plan
done in conjunction with the ‘Implementation Agency”
and/or “Implementation Coordination Agency” which has
been identified in the ICT4D-2012 Plan.
Good Governance: good governance
principles are provided for in the law,
including transparency,
independence of UAS Agency,
stakeholder consultation concerning
definition, periodic review of
Universal Access and Service targets
and obligations
“Where a Fund is established, a Board of Trustees shall be
established which shall manage and control the Fund, and
comprise-
the Permanent Secretary of the
Department of State;
a representative from the National
Planning Commission;
the Director General of the Authority;
one member of the Board of the
Authority;
a representative of consumers;
a representative of service providers; and
two other private sector representatives
to be appointed by the Secretary of State,
on the recommendation of the Authority.
Implementation required.
22
The functions of the Fund Board shall be defined in
regulations; the accounts of the Fund shall be audited by
the Auditor General
Range of Services: Internet,
broadband and broadcasting services
in addition to fixed and mobile voice
services
“information and communications network or system”
means transmission systems and, where applicable,
switching or routing equipment and other resources which
permit the conveyance of signals by wire, by radio, by
optical or by other electro-magnetic means, including
satellite networks, fixed (circuit and packet-switched,
including internet) and mobile terrestrial networks,
electricity cable systems, to the extent that they are used
for the purpose of transmitting signals, networks used for
radio and television broadcasting, and cable television
networks, irrespective of the type of information
conveyed”
Section 58 of the ICT Act addresses the “Evolution of the
regulatory framework to promote the development of the
internet”
Section 117. (1) provides that “The Secretary of State may
establish a Fund to fund projects to provide telephone,
internet and associated services to areas which, for some
Implementation required.
23
reasons, are not attractive to private sector investors”.
Consultation: The law/legal mandate
clearly directs the ministry to develop
a UAS Policy after consultation with
relevant stakeholders
The Secretary of State must develop a universal service
policy in consultation with the Department of State and the
Authority and submit it to the Government for approval
(section 7);
Department of state must draft the US policy
Implementation required.
Accountability: The law clearly
mandates the regulator or identifies a
designated agency for the
implementation of the UAS Policy and
clearly specifies its mandate
The Secretary of State may establish a Fund to fund
projects and where it does (Part XI)…
Composition
Secretariat
Fund Manager
Implementation required.
OBJECTIVES, PRINCIPLES AND SCOPE
UAS Goals: key principles or goals for
UAS are clearly defined in the law or
other national policy document
“universal service” means a defined minimum set of
services of specified quality which is available to all users
independent of their geographical location, and in the light
of specific national conditions, at an affordable price;
“universal access obligation” means the obligation to- (a)
Need to define “Universal access”
Need to, in regulation, define “minimum set of services”,
“basic telephone services” and “statutorily designated
persons”
24
provide basic telephone services for social reason at an
affordable price or free of charge to statutorily designated
persons pursuant to rules and regulations made by the
Authority; or (b) contribute to the Fund;
In terms of s115, “with a view to monitoring and reviewing
policies, the Authority shall- (a) adopt measurable targets
for improving connectivity and access to information and
communications which can be based on distance,
population density or length of time needed to have access
to information and communications “
Need to ito s 115 set UAS targets
Range of Services: Services beyond
fixed and mobile voice (Internet /
broadband / broadcasting) are
included
S117(1) -“The Secretary of State may establish a Fund to
fund projects to provide telephone, internet and
associated services to areas which, for some reasons, are
not attractive to private sector investors”.
Specify “associated services”
Periodic Review: Periodic review of
Universal Access and Service
objectives, principles, scope, targets
and obligations is provided for
The Authority shall periodically review the scope of the
universal service, in particular with a view to making
proposals for its modification or redefinition.
The first review shall be held not later than two years
following the date of entry into force of the ICT Act, and
25
thereafter a review shall be held every three years
The review shall take account of social, economic and
technological developments
VARIETY OF STRATEGIES AND POLICIES
Liberalisation: the introduction of
competition with liberalisation of
appropriate market segments (such
as CPE, paging, ISPs, data
communications, VANS, LLU,
international gateways and undersea
cables, and wholesale fibre);
Market reform is a premise of the legislation
The ICT Act states that the rights and obligations of all
operators have been defined in the context of the
liberalisation of the sector – see sections on Licensing,
Unbundling, Competition, etc
No action required.
Strong regulatory framework:
enhancing universal access and
promoting effective competition
(Flexible Spectrum Policy, Effective
Competition Law/principles (control
of dominance), Access and
Interconnection (including local loop
unbundling, asymmetric
Gambia has
Flexible Spectrum Policy, Effective Competition
Law/principles (control of dominance), Access and
Interconnection (including unbundling, Infrastructure
Sharing
An established regulator
Pro-competition approach
No action required.
26
interconnection), Co‐location and
Infrastructure Sharing
Possibility of the establishment of a Fund
Multi-sector and Converged regime
USOs: Imposition of obligations upon
designated licensees to increase
access through rolling out networks
and providing services
The Authority shall determine the most effective and
appropriate approach for ensuring the implementation of
universal access or service…. public interest.
Obligations can include: Payment to the Fund, provision of
systems or services at lower than tariff or normal rates, any
other form designated by the Authority
Note that priority projects identified in terms of the ICT4D -
2012 Plan include –
Those in education such as - the Gambian SchoolNet
Education Delivery Nationwide Communications Network
(EDU 1.1), the Computers-in Schools Project (EDU1.2), the
Computer Literate Teachers Training and the Computer
Competency for Teachers Initiative (EDU 1.4), The
Educational e-Content and e-Learning and Teaching
Resources Development Initiative (EDU 1.5), the Initiative
to Improve Access to and the Use of the Internet and
Education Delivery Technologies and Infrastructure to
Projects can be identified through an analysis of the
weaknesses and gaps discussed in the e-Readiness
Assessment Report of the Government sector (2009)
Audit of exsting USOs and projects to be udnertaken to
assit in identifying future USOs to be capture in
regulations, guidelines and/or the licenses.
27
Support Teaching and Learning (EDU 1.6) and the Initiative
to strengthen and upgrade the ICT resources and capacity
of higher education and research institutes (EDY 2.1) and
the Gambian National Research and Academic Network
(NREN) (EDU 2.3) and the National Higher Education e-
Learning, Distance Education and Open Learning Initiative
(EDU 2.4)
Additional projects identified in terms of the ICTs-
Communities Action plan include – the National Multi-
Purpose Community Centre Project (CNT 1.2); the
Computer-For-All Initiative (CNT 1.3) and the Community
Access to e-Services Imitative (CNT 1.4) and the Local
Content and Indigenous Knowledge and Heritage Initiative
(CNT 1.5)
CNT 1.8 which is the Initiative for Promoting UA to ICTs and
Community Based Communications and Mass Media
Services and Resources
Funding: the definition of a range of
UAS financing mechanisms, including
the establishment of a Universal
Funding and subsidies shall be targeted…determined and
delivered in a manner that is transparent, non-
discriminatory, inexpensive and competitively neutral.
Implementation required.
28
Service Fund S116 provides for funding via (a) a universal service fund;
(b) a full range of other financing mechanisms; (c)
competitive minimum subsidy auctions which may be used,
as an option, to reduce the amount of financing necessary
for public access projects financed by a universal service
fund; and (d) public access projects, which can be designed
to achieve long-term financial self-sustainability, especially
where consideration is given to innovative low-cost
technologies.
Supply Side Innovation: implementing
a mix of complementary and
innovative strategies to extend ICT
networks and increase funding for
access interventions in order to meet
UAS objectives and targets, including
through community participation
Legal provisions allow for interconnection and access
provisions to be included in licences, and to regulate tariffs.
Much of the funding undertaken by the Fund is intended to
increase the supply of networks and services.
Converged licensing regime can help to increase the supply
of ICT networks and services.
UAS Framework and regulations must provide for Supply
Side solutions, appropriate to the identified gaps.
Demand Side Innovation: the
establishment of a mix of
complementary and innovative
strategies to stimulate demand for
access to ICT networks and services.
No specific demand-side innovation strategies are provided
for in terms of the legislation.
UAS Framework and regulations must provide for Demand
Side solutions, appropriate to the identified gaps.
29
Licensing Licence conditions may include general obligations relating
to the provision of emergency services [s32(1)(l)], special
arrangements for users with disabilities [s32(1)(m)], and
specific conditions where operators have SMP, relating to
universal service [s33(1)(m)].
Where the number of licences is limited (section 23(3) of
ICT Act) the Authority may specify conditions relating to
universal service (s23(3)(f) in the call for tender for the
licence.
An exclusive licence for rural telephony services may be
issued by the Minister in terms of section 14 of the ICT Act
for the provision of service in a rural area that did not have
that service at the time of the submission of an application
for a licence or the initiation of an invitation to tender;
such licence shall be limited to villages of 5000 or fewer
permanent residents with an ICT penetration rate of 1% or
less.
All licenses should have conditions setting out obligations
relating to emergency services and persons with
disabilities – if not, this needs to be addressed.
Licensees with SMP (if identified) may have USOs imposed
on them.
License obligations and/or exclusive rural licence/s to be
considered in the UAS framework as a possible strategy
(depending on market gap or other Gambia-specific
analysis).
Regulations and Guidelines Section 9(2)(c)(iii) provides that the Authority shall adopt
guidelines relating to universal service.
The legal status of “guidelines” must be assessed and
clarified in the drafting of the envisaged UAS framework.
30
Section 9(2)(b) provides that the Authority shall develop
regulations in accordance with the ICT Act.
MONITORING, ENFORCEMENT AND SANCTIONS
Review Process: USO criteria and
their implementation and impact are
subject to a defined and regular
process of review
The Authority shall- (a) adopt measurable targets for
improving connectivity and access to information and
communications which can be based on distance,
population density or length of time needed to have access
to information and communications; and (b) hold periodic
reviews of UAS policies, regulations and practices in order
to adapt to the evolving nature of information and
communications services and end-user needs.
The first review shall be held with 2 years of the ICT Act,
and thereafter a review shall be held every 3 years.
The review shall take account of social, economic and
technological developments, and particular regard to data
mobility and transfer rates for the technologies most
widely used by the majority of subscribers.
31
Differentiation: where obligations
vary from operator to operator, such
as a distinction drawn between
dominant and non‐dominant
operators, the criteria for such
distinctions are clearly provided for in
the law;
The Authority may designate one or more licensees as
universal service provider. The process for designating
universal service providers shall be efficient, objective,
transparent and non-discriminatory, ensuring that no
undertaking is excluded a priori from being designated, and
may include tenders.
Publication of Obligations:
comprehensive details of Universal
Access and Service obligations are
specified in
each operator’s licence and published
by the designated agency
No special mention of USO publication USO can be published in regulations, guidelines and/or
licences
Monitoring : comprehensive details
of progress on the fulfilment of
Universal Service obligations are
regularly provided to the regulator or
designated agency by the operator
Review is specifically provided for, initially after 2 years
ICT Act makes no specific provision for penalties to be
imposed if a universal service provider fails to meet the
required targets.
Regulations and/or licences to include penalties for failure
to meet UAS targets
FINANCING OF UAS
32
Range of Mechanisms: the law
establishes a variety of financial
mechanisms to support provision of
UAS
S 117. (1) The Secretary of State may establish a Fund to
fund projects to provide telephone, internet and
associated services to areas which, for some reasons, are
not attractive to private sector investors. If established, the
sources of the Fund shall consist of-
such levies from information and communications systems
and services operators as the Authority may from time to
time, specify;
grants, donations and endowments…
No action required.
Funding Criteria: the law ensures that
funding or subsidies provided must
be targeted and determined and
delivered in a manner that is
transparent, non‐discriminatory,
inexpensive, and competitively
neutral
Provision for Non- discrimination, transparency, fair
processes
No action reqried, principles to be carried into
implementations.
Sources of Funds: the law establishes
a clear and explicit funding
arrangement for UAS sourced from
sector revenues / government budget
Where the Authority establishes, by directive, regulation or
otherwise, a form of contribution to the goal of universal
access, all the operators shall, unless specifically exempted
by the Authority pursuant to detailed regulations,
UAS Funding Strategy needs to be developed
UAS Regulations must specify funding requirements, and
UAS Contributions and formula (based on benchmarking
or market gap analysis)
33
/ etc with subsidy payments into the
Fund at reasonable intervals
contribute uniformly in accordance with the formula or
manner established by Authority for that purpose.
Can be funded through:
Such levies from information and communications systems
and services operators as the Authority may from time to
time, specify;
grants, donations and endowments that may be received
within and outside The Gambia;
subventions from Government; and such other monies as
may, from time to time, accrue to the Fund.
QUALITY OF SERVICE (QOS)
QoS Requirements: QoS
requirements are specified in licences
or by regulation, and include clearly
specified QoS components (including
those related to supply of services,
customer complaints and redress,
faults, service quality, provision of
designated USO services including
free emergency calls, billing)
Functions of the Fund Secretariat shall be defined in
regulations to be made by the Secretary of State and shall
include- enforcing standards of quality of service in rural
and underserved areas set by the Fund Board;
QoS Standards to be included in regulations, either in
specific QoS regulations or a section in UAS regulations
Note: Underserved areas to be identified
34
QoS Monitoring - regular and
independent assessment, and the
results made publicly available
In terms of section 83 (s) the regulator must apply the
appropriate sanctions when failure to meet (QoS) targets
or failure to provide adequate information occurs
There is no evidence that QoS compliance is regularly or
independently assessed or the results published.
QoS Monitoring to be included in regulations, either in
specific QoS regulations or a section in UAS regulations
QoS Review - QoS components and
benchmarks are regularly reviewed
through a process of public
stakeholder consultation
In terms of section 83, the regulator must (a) measure
some or all quality of service indicators; and (b) audit the
quality of service reports submitted by licensees.
The regulator must assess biannual reports from the
operators with statistics or empirical information that the
authorized operator collects from its own measurement
systems and the empirical data as explained in the quality
of service indicators using formulas and calculation
methods in accordance with those specified in quality of
service indicators guidelines.
QoS indicators to be confirmed and reports submitted by
operators to be analysed, if not already done.
Specific UAS indicators to be identified and included in
regulations, guidelines and/or license conditions (“QoS
framework”). Publication of indicators is supported by
section 83(d) of the ICT Act.
Confirm that biannual QoS reports are submitted by
operators as required in terms of section 84(1)(c).
CONSUMER PROTECTION
Charters - consumer protection
requirements (e.g. customer service
charters) are specified, publicised and
No regulations on consumer protection appear to be in
place
The Authority must develop regulations on consumer
protection; UAS Regulations may include some provisions
35
binding;
Scope - consumer protection
requirements exist in respect of all
relevant services (fixed, mobile,
Internet, broadband, broadcasting)
Amongst the Authority’s functions is dealing with all
questions relating to the protection of the interests of
consumers, which include defining complaint processing
procedures to be implemented by operators or service
providers, managing a suitable system for receiving
consumer complaints, the conduct of investigations
concerning information and communications services, and
submission of those complaints
The Authority must develop regulations on consumer
protection and complaints handling/dispute resolution.
DRAFT – 13/10/13
6. Summary of Findings
The assessment in Paragraph 5 analyses the Gambian UAS framework with respect to best practice principles.
The Gambia has a solid foundation for achieving universal service and access. The legislation is well drafted and
covers most of the key areas that are required in order to have a variety of strategies and approaches to address
the UAS challenges of the country. While, on paper, there is broad compliance with best practice, however, the
analysis reveals that the gaps in the Gambian framework are due primarily to a lack of implementation of key
provisions that are provided for in the enabling legislation and supporting policy documents. This includes
provisions relating to the making of regulations, the establishment of the Fund, and the appointment of the
Fund Board and Secretariat, amongst others.
To summarise, further to the analysis of the Gambian UAS Framework as set out above, it is understood that:
The Universal Service Policy has not been published by the Minister/Secretary of State,
although key priorities are identifed in the legislation and policy documents provided;
There are no universal service and access regulations/guidelines in place, although the IC Act
provides for regulations and guidelines in sections 9(2)(b) and 9(2)(iii), respectively;
The Universal Service Fund envisaged in section 117 of the IC Act has not been established, as
such no universal service contributions have been collected, nor has a formula for collection been
developed – implementation is required;
Although not required in law, a Broadband Policy may also address the universal service and
access needs of the Gambia, its strategy and its approach – no such policy has been developed
yet in the Gambia;
No market gap analysis has been conducted to identify the level of attainment of universal
service and access in The Gambia, although input from the ICT4D -2012 and any revisions thereto
may be useful to assess current IC access levels in the country – a market gap analysis must be
conducted to inform the decisions on underserved areas, beneficiaries of subbsidies, priority
projects, etc.
The assessment provided in this report, informed the drafting of the UAS Framework which was the next
deliverable of this project. The UAS Framework may, in terms of the IC Act, include a policy, regulations,
guidelines, proposed licence conditions, as well as the operational rules for the Universal Service Fund.
2
Part 2: Universal Service and Access Policy
THE GAMBIA
The Ministry of Information &
Communication Infrastructure
4
Universal Access and Service Policy for
Information and Communication Technologies
Foreword
The Gambia’s information and communication sector (IC sector) is liberalised and is supported by
economic policies which favour macroeconomic stability, socio-economic development, competition,
and private-sector development. The Gambian IC sector recognises that the efficient functioning of
the economy is dependent upon available communications infrastructure, affordable and
accessible communications services – whether they be voice, data or broadband. This approach
will ensure that individuals, communities and businesses benefit from the burgeoning IC sector
and that information and knowledge become an abundant resource used for the development of the
Gambian economy.
The Gambia envisages a society, in which the information and communications technology sector
is a key enabler of social development and economic growth. In line with this vision, IC’s should be
available on a private basis in homes and offices, as well as via public access points, at schools and
institutions of further education, at libraries, post offices, hospitals, clinics and government offices,
amongst others. Importantly, IC’s should be available for the use of women, the youth, people with
disabilities and other marginalised groups, in rural, peri-urban and urban areas.
The objective of creating a society in which ICs are an enabler of socio-economic development
requires that there is widespread availability, affordability and accessibility of a full range of IC
networks and services- from fixed and mobile voice, through to basic data and high speed broadband
access. It requires on-going skills development and capacity building to support and enable full utilisation
and digital inclusion. Furthermore, creating an IC enabled society requires an environment in which both
devices and services are affordable, where the necessary communications infrastructure is
widespread, readily accessible and affordably priced, and thus where a wide-ranging choice of voice,
data and broadband services are available.
MINISTER
March 2014
1. Introduction and Background
1.1 Context
The Minister is tasked with the development of a universal service policy. The Minister is supported by two
bodies which possess powers with respect to universal access and service (“UAS”). On one hand the body
responsible for IC sector regulation, the Public Utilities Regulatory Authority (“PURA”), is responsible for
licensing, regulation and policy implementation. Since the Gambian regime is liberalized PURA’s mandate
includes the regulation of interconnection, tariffs and spectrum management, amongst others and the
making of licensing regulations which can be designed to further national UAS objectives. On the other
hand, the Universal Access and Service Fund Board (“the Fund Board”) is responsible for managing the
Universal Service Fund (the Fund”) which is intended to fund projects that promote universal access and
service.
The starting point for making the Gambia an information society driven by a knowledge economy
involves taking the decision to use information technology to harness economic growth. To this
end, the Gambia intends to achieve universal access and service in respect of the full range of
information and communications technologies, with a particular focus on broadband.
This Universal Access and Service Policy for Information and Communications Technologies is
therefore adopted in the context of the need to promote building the information society,
building the economy of the Gambia, promote affordability and access to information. Therefore
it intends to explicitly strengthen the provision of universal access and service in the communications
industry to telephony, internet and broadband services, taking into consideration the global shift to
broadband for access to high bandwidth electronic services. It should however be noted that
broadcasting, although dealt with differently, will also be addressed.
Information and communication infrastructure and services must support the Gambia’s businesses, hospitals
and clinics, schools and libraries, households and individuals - the entire nation - for successive
generations through universal access and service to telephony, Internet, and broadband services.
1.2 Legal and Policy Context
This Universal Access and Service Policy for Information and Communications Technologies are
developed within the context of the Gambia’s existing legislation and policies, specifically:
The Information and Communications Act (“ICIC Act”), 2009
6
The Department of State for Communication, Information and Information Technology’s
(“DOSCIIT”) Gambian IC4D-2012 Plan for Developing the Gambian Information Economy and
Society and Accelerating the Process of Transforming the Gambia into the Silicon Valley of
Africa
The e-Readiness Assessment Report of the Government Sector (2009), and
The National Information and Communication Infrastructure (“NICI”) Policy and Plans for
the Gambia (2004)
The Gambia's framework for poverty reduction, food security and growth which is outlined
in its “Programme for Accelerated Growth and Employment 2012-2015” (the successor
document to previous poverty reduction strategy papers), which builds upon the Millennium
Development Goals (“MDGs”) and the objectives of Vision 2020.
Under the IC Act, the Minister and PURA enjoy significant mixed discretionary powers in respect of
universal access or service. PURA may, in particular:
determine the “most effective and appropriate approach” to universal access or service,
and the form through which this may be fulfilled; and
designate one or more licensees as universal service providers, through an efficient,
objective, transparent and non-discriminatory process which may include tenders.1
The IC Act also allows wide choice and flexibility on the method(s) of funding of universal service. These
may include a universal service fund (to be established by the Minister and operated as further specified in
the IC Act), a full range of other financing mechanisms, competitive minimum subsidy auctions or public
access projects.2 Similarly, if a universal service fund is established, PURA may specify the levies from
service providers that will finance it – among other possible sources of financing. This policy seeks to
facilitate the implementation of these key universal access and service provisions of the IC Act.
2. State of the IC Sector
2.1 National Context
The Gambia, in the Western most tip of Africa, is encircled by neighbouring Senegal on all sides apart from
the opening in the Atlantic ocean, and for this reason the two countries have a lot of cultural & ethnic ties,
1 IC Act, Section 114(2)
2 IC Act, Section 116(2)
although importantly when it comes to the consideration of strategies for promoting local content, the
Gambia is an English-speaking country.
The Gambian economy has been stable over the last ten years with an average growth rate of 6 percent.
Agriculture, including fisheries, is a dominant activity and contributed about 28.5 percent of GDP in 2009.
Industry is small, mainly fish and groundnut processing, brewing and soft drinks, soaps, plastics, and
tanning. The main sector of the economy is services (mainly distributive trade, tourism, transportation and
telecommunication) and accounted for 62.5 percent of GDP in 20093. Transport and communication
contributed about 11.0 percent of the GDP.
The country has a population of 1.8 million and a relatively large Diaspora of approximately 0.5 million. The
population has been growing at a fairly high rate of 2.8 percent per year over the last decade. Most of the
population (57 percent) is concentrated around urban and peri-urban centers.4
The Gambia maintains a liberal trade regime and continues to pursue development policy objectives of
improving trade-related services and pursuing export-oriented strategy to improve trade performance for
poverty reduction. This Trade Policy is therefore set within the context of The Gambia’s long term strategic
vision of achieving a middle income status by 2020.
2.2 IC Sector Context
The Gambia IC sector includes mobile voice and data, fixed line voice and data, long distance and metro
transmission services (carrier of carriers), multimedia (mainly the Internet Service Provider (ISP) and
internet services), and international (incoming, outgoing and roaming) and broadcasting. Gamtel is the only
player in Gambia that plays across the full spectrum of these segments, given its status as an incumbent
and its exclusivity. As is the case in many other countries, the mobile sector with four main players (Africell
Gambia Ltd, Gambia Telecommunications Cellular Company Ltd (Gamcel), Comium Gambia Ltd, and QCell
Ltd) is by far the largest in terms of number of customers served.
3
http://www.gafspfund.org/sites/gafspfund.org/files/Documents/Attachment%2011%20The%20Gambia%20Trade%20Poli
cy%202011.pdf
4
http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/AFRICAEXT/GAMBIAEXTN/0,,menuPK:351648~pagePK:1
41132~piPK:141107~theSitePK:351626,00.html
8
The mobile industry is an enabler of economic development far beyond its immediate domain. The World
Bank and other sources have shown in recent studies that there is a direct relationship between mobile
penetration and Gross Domestic Product (GDP). In developing countries, it has been shown that for every
10% increase in mobile penetration there is a 0.81% point increase in a country‘s GDP (in developed
countries this figure falls to a 0.60% contribution).
In the Gambia, the multimedia business and data connectivity dominate the corporate market segment.
Table 1: Estimated minutes and subscriber s based on PURA Annual Report 2011
Subscribers Est. minutes
Africell 803,312 671,067,975
Comium 350,000 498,999,264
Gamcel 433,440 344,137,423
QCell 47,540 189,275,583
Total market 1,634,292 1,703,480,24
5 Source: PURA 2011 Annual report
The mobile penetration rate is almost 100 percent. The fixed and internet penetration rates are relatively
low at 2,7 percent and 13 percent respectively.5 The challenge is therefore to increase internet penetration
and specifically broadband penetration. Increasing mobile voice access is not a major concern vis a vis
universal service and access policy, however, the pricing of mobile voice services – i.e. affordability is a key
objective of the government. Access to broadband is an overriding priority – both fixed and mobile.
Table 2: Estimated share operator by subscribers for year to 31 December 2012
2008 2009 2010 2011 2012
Gamtel (fixed) 4% 4% 3% 3% 3%
Gamcel (mobile) 25% 25% 24% 26% 30%
Africell (mobile) 50% 49% 48% 48% 45%
Comium (mobile) 21% 20% 23% 21% 17%
Qcell (mobile) 0% 3% 2% 3% 5%
Source: PURA 2011 Annual Report
5 Source: BuddeComm based on various sources
Between the mobile operators, it is estimated that population coverage is above 95%.6 This policy seeks to
ensure that population coverage reaches 100 percent, and that people living in rural and remote areas are
covered by mobile networks and broadband networks.
As far as broadcasting is concerned, two medium wave channels are utilized under the state owned Gambia
Radio and Television Services (GRTS) to broadcast various local radio programs and synchronize with
external foreign channels for supplementary broadcasting7.
There are fourteen commercial FM radio licenses issued by the Department of State for Communications
and Information Technology concentrated in the Greater Banjul Area, coupled with the existence of five
community radio stations across the country.
The National Television channel is operated by GRTS to provide country wide coverage through three TV
transmitter station across the country, with 80% 0f programs produced locally, covering health, education,
agriculture, sport, religion etc. There is one privately owned cable TV operator, Gam-TV which receives
signals from satellite.
An analysis of access to information and communication services, from mobile telephony to broadband,
reveals that there remains a substantial urban / rural access gap, with considerable disparities in levels of
access between urban and rural communities. Noting the global trend towards fixed-mobile
substitution for voice telephony, the critical focus areas for policy intervention regarding universal
access and service for information and communications technology services include mobile voice
communications, and mobile and fixed broadband Internet. Against the backdrop of the access
gap set out above, the key focus priority is reducing the urban-rural divide.
2.3 Pricing and Affordability
This policy seeks to ensure that IC services are offered at affordable rates. Where rates are affordable, but
population groups are still not able to pay for the services, this policy encourages the use of the Fund to
subsidise the identified communities.
6 According to the PURA Annual report of 2009, PURA engineers went on a country wide research to investigate the
extent of coverage by the mobile operators. Of the 422 villages visited throughout the country, 94% of the population was
covered by at least one of the 4 major operators.
7 http://www.amiebensoudaco.net/the-gambia-information-and-communication-technologies-ict
10
Table 3: Prepaid tariffs as published by the PURA8
GAMCEL
(GMD)
AFRICELL
(GMD)
COMIUM
(GMD)
QCELL
(GMD)
On-Net Peak 2.94 2.60 3.00 2.50
On-Net Off-Peak 2.94 2.60 3.00 2.50
Off-Net Peak 2.95 3.00 3.00 2.50
Off-Net Off-Peak 2.95 3.00 3.00 2.50
Zone 1 (Senegal) 9.50 9.60 9.60 9.50
Zone 2 (US & Europe) 13.90 14.00 16 14.00
Zone 3 (Asia & Africa excl. Senegal) 16.90 17.50 22 15.30
SMS On-NET 0.40 0.50 0.50 0.25
SMS Off- Net 1.00 1.00 1.00 0.75
SMS Intl. 3.00 3.00 3.00 3.00
3. Vision, Principles, Objectives and Goals
3.1 Vision
This UAS policy seeks to ensure that the Gambia becomes an IC-enabled, services-oriented nation, integrated
into the West African region. This policy seeks to achieve universal access and universal service for ICs
throughout all regions and communities of the Gambia, and to achieve a universal service penetration of 100
percent of the total population to voice; and 50 percent of the population to broadband within 10 years.
A particular focus is set on improving the access to ICs in schools, health facilities, and community centres.
3.2 Principles
The key principles underpinning the UAS strategies set out in this policy are:
Liberalisation - effective market competition in the information and communications sector in
the Gambia is the cornerstone for achieving universal access/service;
Affordability - telecommunication services should be provided at affordable rates;
Availability – IC services should be accessible to a larger proportion of the population in a
country
Accessibility/ Geographic access - IC services should be made available or accessible
regardless of geographical location;
8 www.pura.gm, accessed March 2013
Awareness – the Gambian population should be sufficiently skilled to able to use broadband
internet and must be aware of where services and located and their terms and conditions
Quality of service services provided should be of good quality and acceptable standards.
3.3 Definitions
Universal access and universal service are closely related concepts and policy objectives, that are
considered together for the purposes of this universal access and service policy, but which may nevertheless
be distinguished.
Universal access aims to ensure shared IC usage for all. Universal access for the
Gambia encompasses the near-ubiquitous availability, affordability and accessibility of
information and communications technology infrastructure, services and content to
the overwhelming majority of communities through public access points in
communities, schools, libraries, clinics and the like9.
Universal service aims to ensure individual IC access and usage for all. Universal service for
the Gambia requires the near-ubiquitous provision of information and communications
technology infrastructure, services and content to the overwhelming majority of
individuals, households and businesses.10
The Universal access and service policy encompasses both universal access and universal service
interventions as complementary, closely-related and mutually reinforcing, but occasionally distinct.
3.4 Objectives
This UAS policy seeks to:
Achieve the delivery of affordable, equitable, good quality, and efficient information and
communication services, including broadband services, to everyone;
Strengthen economic development through greater participation of SMMEs and informal
businesses within a fair and competitive environment;
9 It should be noted that the definition of “universal access” restricts the application to telecommunications. However, for
the purposes of this policy, it will include all IC services.
10 In terms of the Act - “universal service” means a defined minimum set of services of specified quality which is available
to all users independent of their geographical location, and in the light of specific national conditions, at an affordable
price
12
Promote greater private sector participation in the provision of ICs, including broadband
access, and encourage competition in the information and communication sector;
Achieve greater social and economic development through the use of information and
communication technologies, applications, and services;
Expand the development of the IC networks, with a particular focus on broadband
networks;
Empower marginalised communities and persons, including the poor, those who live in
rural and remote areas, and persons with disabilities to have an affordable and good
quality information and communications network, on an equitable basis.
3.5 Goals
The policy goals for access and service to information and communications technologies are envisaged to
address priority underserved communities and underserved areas as follows:
Schools, post-school institutions and libraries shall have Internet broadband service
access at the level of the institution, with widespread access from the classroom, as the highest
priority amongst all segments of society, because these institutions are the foundations for the
Gambia’s future economy and society. Schools and post school institutions should be given
subsidised access to ICs, in particular to internet access; where possible broadband access.
Hospitals, clinics and health services shall have universal telephony, broadcasting and
Internet broadband service and access. This must ensure ubiquitous access to health
information and support services, and to encourage the wide proliferation of health care
messaging and health care services to the general population, particularly to those
communities where public health needs are greatest. Hospitals, clinics and health services
should be given subsidised access to ICs, in particular to internet access; where possible
broadband access.
SMEs and informal businesses who operate in the main cities, in small towns, villages and
settlements, and in rural and remote areas, shall have telephony and broadcasting service and
Internet broadband in order for them to easily and speedily gain access to goods, services and
markets to support their economic endeavours.
The non-governmental sector is engaged in promoting democratic participation and social
welfare, and is, therefore, entitled to universal service for telephony and internet broadband
services to enhance their capabilities in providing services to the citizens of the Gambia,
including affordable public service messaging over mobile and broadcast networks.
Farms, nature reserves, conservancies and mines: Workers and communities on farms,
nature reserves, conservancies and mines11 face possibly the greatest limitations in terms of
universal access and service with respect to ICs. Telephony and broadband services must be
actively promoted to ensure that these workers and communities can access communications,
information and knowledge, just like their fellow citizens.
Individuals and Households in cities, towns, villages, settlements, and in rural and remote
areas, especially those with the lowest household incomes, shall have universal service with
respect to ICs in order to promote their educational attainment levels, their economic
participation, their social interaction and their access to a range of public information services,
including those related to health care and electronic government.
People with Disabilities in cities, towns, villages, settlements and in rural and remote areas,
shall have universal service with respect to ICs in order to promote their educational
attainment levels, their economic participation, their social interaction and their access to a
range of public information services, including those related to health care and electronic
government. Development of equipment to enable access to telephony shall be actively
promoted as well as accessible local content for the internet and physical access to
multipurpose community centres. In addition, the Fund may be used to provide subsidies to
this segment of society.
The goals of this policy include to:
- Ensure the availability, affordability and accessibility for all citizens of the Gambia in urban,
peri-urban, rural and remote areas to the full range of IC networks, services and content,
from fixed or mobile voice communications, through to fixed and mobile broadband
access.
- Promote utilisation of a broad range of ICs for all individuals, including those defined as
marginalised such as the poor and people with disabilities; households and businesses; in
schools, libraries, clinics and other public and community facilities; as well as for people
living on mines, farms, conservancies and nature reserves in the Gambia;
11 Mining in the Gambia, is limited to the production of clay, laterite, sand and gravel, silica sand, and zircon, but does not
play a significant role in the Gambian economy.
14
Key national targets include:
4. Strategy and mechanisms for the implementation and funding of
UAS
4.1 Strategic Universal Access and Service Interventions
Achieving universal access and service in respect of information and communications technology
infrastructure, services and content requires a number of specific and targeted regulatory
interventions, including but not limited to the imposition of universal access and service obligations
upon licensees and the establishment of a universal access and service fund sourced from the IC sector
to provide funding support for universal access and service.
4.2 Targets and Definitions
Notwithstanding the definitions of universal access and service and of broadband contained in this policy,
and the universal access and service targets set out herein, it is the responsibility of PURA to further specify
the necessary definitions and targets in respect of universal access and service and of broadband from time
to time in accordance with its mandate and in the light of changing conditions.
Target Deadline
100% mobile population coverage 1 year
50% of households with broadband internet with a
speed of 2-10 Mbps
5 years
75 % households with broadband connection of
minimum of 10Mbps
10 years
All schools will be connected through broadband : 10
Mbps
5 years
All clinics and hospitals will be connected through
broadband : 10 Mbps
8 years
Universal Service Fund will be operational 1 year
100% of households have access to at least one
television broadcasting channel and one radio
broadcasting channel
5 years
Such definitions and targets shall be specified by means of a public, consultative process,
and shall be updated regularly as necessary, and no less than every three years.
Such definitions and targets shall be officially published and made readily publicly
available, including on the web site of PURA.
4.3 Universal Access and Service Obligations
All licensees may be subject to universal access and service obligations, as determined by PURA from time
to time.
Such universal access and service obligations may be included in the licence as agreed with the
respective licensee (with due consideration of the licensee’s business plan where applicable) and
issued following the formal licensing procedure, or may be imposed by regulation following a formal
rule-making procedure including public consultation, or both.
Universal access and service obligations must be specific to the category of licensee, and may include
requirements to extend signal coverage, network infrastructure or postal infrastructure to ensure the
provision of specified services and facilities to designated areas, towns, villages, settlements, schools or
other public facilities, or a class or category thereof, as determined by PURA, after following a public
consultation process. The provision of certain services (such as free emergency calling and directory
enquiries) to all customers must also be considered to fall within the ambit of universal access and service
obligations. Universal access and service obligations should prioritise areas and populations unlikely to be
served by the market, and may accordingly be determined on a geographical basis, and may be
asymmetrical.
The criteria to be considered in the imposition of such asymmetrical or geographically-based
universal access and service obligations shall be fair, transparent and competitively neutral, and shall
be clearly specified either in the law or through regulation.
PURA shall publish details of universal access and service obligations, and make them readily
and publicly available, including on its website.
Licensees shall be required to report to PURA on a regular basis, at least annually, on their
progress in fulfilling their universal access and service obligations, based upon standardised
and pre-determined indicators. Licensees may be individually required to report on progress
at any time on any and all areas of universal access and service upon written request by
16
PURA. PURA shall ensure the publication of such progress reporting, with due regard to
competitively sensitive information, including on its web site.
The imposition of universal access and service obligations shall include the specification of
appropriate sanctions for failure to comply, along with a fair but expeditious process for imposing them.
Compliance shall be monitored or audited by PURA and the Fund Board. Where licensees fail to meet their
obligations, they shall report the reasons therefore, and the process for the imposition of the appropriate
sanctions may be invoked.
The criteria and parameters of universal access and service obligations, together with their
implementation, shall be subject to periodic review through a public consultation process involving
stakeholders.
4.4 Universal Access Fund
A Universal Access Fund as envisaged in terms of section 116 of the Act must be established in order to
support interventions in pursuance of the national goal of achieving universal access and service in respect
of information and communication infrastructure, services and content12.
The management and operation of the Universal Access Fund must be undertaken by the Fund Board and
must be executed in accordance with the principles of good governance as set forth in this policy, and
elsewhere in the relevant legislation, and must be subject to detailed provisions as specified in legislation
and regulations.
All relevant licensees must be required to contribute to the fund in accordance with a formula to be
determined by PURA from time to time, following a consultative rule-making and market review process.
Contributions must be based on specified auditable percentage of revenue, and are payable annually.
Contributions may not be unduly onerous. The formula governing contributions must be reviewed
periodically, and published in regulations at three to five year intervals.
Funds in the Universal Access Fund must be utilised primarily to support a range of interventions designed
to increase the level of universal access and service to information and communications technology
infrastructure, services, skills and content in the Gambia. The priority areas listed in this Policy must be
borne in mind when the Fund Board makes funding decisions. A small but reasonable proportion of the
12 Broadcasters are not provided for in the IC Act from a Universal Service Fund Perspective see section 117.
Fund may also be used to offset expenditures necessary to defray the costs of its operation, as well as to
support ancillary research into universal access and service.
The Universal Service Fund shall be subject to an independent audit on an annual basis, and the audit
report shall be published.
PURA and the Fund Board shall report annually regarding the Universal Access Fund to the Minister. Such
reports shall be published and made readily and publicly available, including on the website of PURA.
The Fund Board must be required to conduct a formal quantitative access gap analysis on a regular basis in
order to quantify the access gap and estimate the level of subsidies and support necessary in relation to
voice and data telecommunications, and the Internet and broadband, as a basis for determining the
revenue requirement of the Fund. Such an analysis should be disaggregated as much as possible, along the
relevant axes of the digital divide, and provide at least a regional breakdown of the access gap.
Expenditure from the Universal Access Fund must be subject to a detailed, carefully-researched needs
analysis and supported by ongoing research into needs and priorities, implementation, effectiveness and
impact, with a focus on areas, communities and individuals where competition alone is insufficient to
provide universal access and service or where specific access requirements exist. Such expenditure should
prioritise public access models, telecentres, access for schools and further education institutions, libraries,
hospitals and clinics, SMEs, co-operatives, access by people with disabilities or other projects identified in
the needs analysis. The Universal Access Fund should also address the need for appropriate supporting
interventions such as consumer-oriented education, IC literacy and e-skills development to promote
effective Internet usage at individual and community level, and integration with complementary or support
services from community-focused organisations. The Fund may also be used on a limited basis to finance
ancillary infrastructure, services and content where appropriately justified- such as contributions towards
the provision of electricity or energy supply.
Expenditure from the Universal Access Fund should be undertaken in accordance with implementation
plans developed by PURA and the Fund Board from time to time via a public consultative process.
The Fund Board must determine the process to be followed for application of the funds, which shall not be
limited to subsidies to licensees. Major grants from the Fund must be awarded on a competitive basis, with
tenders available to all bidders. The details of such process must be published in advance and must be fair
and transparent. The outcomes of the process must also be made publicly available.
18
Competitive, least-subsidy bidding should be used as a key, but not necessarily exclusive, criterion for
evaluating, selecting and supporting individual project bids, with preference given to interventions where a
‘smart’ or limited subsidy, aimed at encouraging licensees to enter the market or users to acquire a service,
rather than to create an unending dependency on the Fund, is most effective.
In respect of the Universal Access Fund, the Fund Board must enjoy revenue raising (after following a
regulatory impact assessment) and fund distribution powers, along with governance and financial
accountability, in accordance with any applicable legislation. PURA must support the Fund Board in the
performance of its functions and ensure project implementation through the Fund Board.
4.5 Infrastructure Development Financing
The Ministry and PURA must investigate a range of additional funding options to finance the access gap,
including an infrastructure development financing approach, with consideration given to borrowing funds
from development financing institutions. This must enable infrastructure to be paid for in advance and
repaid over a concessionary period, allowing the multiplier benefits of the information and communications
technology infrastructure development to be reaped over the shorter term.
5. Interventions Supporting Universal Access and Service
There are a number of interventions where the primary objective may not be universal access and service,
but where the overall impact serves to increase universal access and service. These include, but are not
limited to, the promotion of competition to increase the range of innovative services available to users, and
price regulation to promote affordability.
PURA is accordingly required to give attention to the future processes required for on-going broad IC and
postal sector reform, including: consideration of determinations that may be required for effective
competition in identified market segments which may be bottlenecks to sector development and more
affordable pricing; matters related to affordability and access to international bandwidth via undersea
cable; the provision of wholesale and retail terrestrial fibre, including cross-border connectivity; spectrum
allocation and assignment; interconnection, facilities leasing and infrastructure sharing; rights of way and
numbering; as well as matters pertaining to quality of service and consumer protection.
5.1 Liberalisation and IC Sector Reform:
This policy recognises that the success of the Universal Access and Service Policy is critically dependent
upon the on-going implementation of IC sector reform, including further market liberalisation. Accordingly,
theRegulatory Authority, with the support of the Ministry, must seek on an on-going basis to strengthen
competition across the sector, with further liberalisation of appropriate market segments, such as
customer premises equipment (CPE), Internet service providers (ISPs), voice and data communications,
radio and television broadcasting, international gateways and undersea cables, and terrestrial and cross-
border fibre.
5.2 Strong Regulatory Framework:
This policy further recognises the importance of a strong and independent regulator, and an effective
regulatory framework, to enhance universal access and service and to promote effective competition. Such
a regulatory framework must, inter alia: ensure effective application of the principles of fair competition to
prevent abuse of dominance and other anti-competitive practices; provide for cost-based open network
access, facilities leasing and interconnection, including local loop unbundling and asymmetric
interconnection; promote co-location and infrastructure sharing to reduce the costs of infrastructure
rollout; enforce effective regulation of prices at both wholesale and retail levels to ensure affordability for
consumers; and stimulate the development of innovative services.
5.3 Supply-side Innovation:
This policy recognises that effective universal access and service policy requires that the supply of IC
infrastructure, services, content skills needs to be developed and stimulated. Both the Ministry and PURA
must support an appropriate combination of complementary supply-side strategies to extend IC networks
and increase funding for access interventions in order to meet universal access and service objectives and
targets. These may include ‘pay or play’ mechanisms, tax incentives, the introduction of public- private
partnerships (PPPs), limited support for the rollout of infrastructure ancillary to information and
communications technology infrastructure, support for the development of local content and applications
across all platforms, and measures to facilitate community participation.
5.4 Demand-side Innovation:
This policy further recognises that stimulating the demand for IC infrastructure, services and content,
serves to support universal access and service. Both the Ministry and PURA must support an appropriate
mix of complementary strategies to stimulate demand for access to and uptake of IC networks, services and
content. These include but are not limited to: the provision of public access points and the provision of
access to IC in public facilities and anchor institutions such as universities, schools, libraries, health and
community centres; the development of school connectivity, content and teaching (IC4E) projects; the
implementation of IC for development (IC4D) interventions; the promotion of e-health and e-government;
20
the development of local content and applications across all platforms; and the provision of subsidies to
needy individuals, households and communities where appropriate.
5.5 Realising the Value from UAS: Promoting the Electronic Content Sector
Social and economic value can only be realised through effective provision of content-based
services, using IC networks and devices. Hence, the government will encourage the emergence of
electronic content services, with due attention to electronic government services aimed at low-
income, poor and remote households.
Regulatory action should consider the measures required to promote the electronic content
sector, with attention to local, regional (African) and international content. In particular, attention
must be given to strengthening competition in the broadcast market and, promoting IPTV and
mobile TV.
5.6 Quality of Service:
Regulation to ensure quality of service (QoS) is likewise an essential area of regulation that impacts directly
on universal access and service interventions, ensuring that consumers in remote regions and poor
communities are not disadvantaged in terms of the quality of service that they enjoy. Quality of service
requirements must be specified by PURA, in licences, codes or by regulation. Such requirements need to
include clearly defined components, including those related to supply of services, customer complaints and
redress, faults and repairs, voice or data quality, billing requirements, and provision of designated universal
access and service obligations, including free emergency calls. Quality of service benchmarks need to be
laid down by the Regulatory Authority in respect of all relevant services, including fixed and mobile voice,
Internet and data services, and fixed and mobile broadband services. The compliance with such
benchmarks and standards needs to be regularly and independently assessed and the results made publicly
available, including on the website of PURA. The parameters, components and benchmarks in respect of
quality of service need to be regularly reviewed through a process of public, stakeholder consultation.
5.7 Consumer Protection:
Universal Access and Service Policy is also closely supported by
consumer protection regulation. The requirements and parameters for consumer protection need to be
clearly specified by PURA and made binding upon all licensees. Such requirements may differ in respect of
classes of service, but should be specified for fixed and mobile voice data and Internet, broadband and
associated services and should be publicly available. This includes on the website of PURA. Similarly,
channels for complaints from customers need to be clearly specified, and should include escalation
procedures, with complaints lodged with the licensee in the first instance, and PURA acting as the referee
of last resort.
Licensees must furthermore be required to inform their customers of the rights as customers and
consumers, and of the channels and escalation procedures available to them for complaints.
Consumers need to be surveyed independently on a regular basis in relation to quality of service,
complaints issues, level of satisfaction with licensees and their services, and their view of the effectiveness
of PURA. The results of such consumer satisfaction surveys should be made publicly available, including on
the website of the PURA.
Finally, the parameters, criteria and requirements relating to consumer protection should be periodically
reviewed and updated via a public process with stakeholder participation. Consumer protection measures
include specifically catering for the needs of people with disabilities.
5.8 Compliance Reporting
In order to ensure the effective execution of the mandate of PURA and the Fund Board, all relevant
licensees are required to submit annual reports. To this end the PURA must prescribe the submission of
compliance reports by all relevant licensees on all relevant matters in terms of a uniform pre-determined
reporting format. The reporting format shall require the submission of meaningful information that must
be detailed and comparable without being unreasonably onerous on licensees.
6 Promoting Policy Effectiveness: Implementation, Monitoring and
Review
The goals and objectives of this Universal Access and Service Policy for Information and
Communications Technologies with respect to Information and communications technologies are
subject to annual reporting to the National Assembly.
The Ministry is responsible for the adoption and promulgation of this policy via Government
Gazette, and for ensuring that this policy is given concrete effect in legislation. This may require
adopting the amendments to legislation, to do so, if so required.
PURA and the Fund Board, as appropriate, is responsible for implementing this policy and for
developing a strategic implementation plan to ensure that the goals, targets and deliverables set
forth in this policy as reflected in the appropriate legislation.
22
PURA is responsible for introducing a simple yet effective monitoring and evaluation framework,
including regulatory impact assessment, to assess progress with respect to universal access and
service, as regards fulfilment of Universal Access and Service Obligations, the implementation of
the Universal Access Fund, and other matters set out in this policy.
The requirements set out for PURA and the Fund Board in this Policy are subject to annual
reporting to the Ministry.
The content and parameters of this Universal Access and Service Policy for Information and
Communications Technologies are subject to periodic review and updating via a public process
with stakeholder participation.
6.1 Implementation Arrangements
It is recognised that UAS can best be realised through encouraging a wide range of contributions
from facilitating agencies such as licensees, PURA and government entities, including amongst
others schools, libraries, hospitals and clinics. Similarly, non-governmental organisations in the
education, health, agricultural and services sectors can foster universal access at the community
level and universal service at the household and SME level by providing services that are in
demand, including IC literacy training and community services. The identification by impoverished
communities of their particular needs with respect to information and communications
technology access and service can assist in the correct identification of regulatory measures and
other interventions necessary to achieve the goals of the policy guidelines.
6.2 Accountability
The Minister for Information and Communication Infrastructure is responsible for the formulation of this
policy, and for ensuring that the policy guideline’s its goals and objectives are achieved, and is
accountable to the nation. PURA is responsible for effective, independent regulation of universal
access and service as set out in this policy, within the overall context and parameters of its broader
mandate to regulate the IC sector.
This policy mandates periodic consultative review of universal access and service definitions, targets,
obligations and achievements and the preparation of reports to this effect by both the industry and
PURA. Due process in respect of the implementation of these mandates requires regular public
consultation and interaction with stakeholders and stakeholder groupings. These aspects of
accountability must be reflected in the relevant sector applicable laws.
6.3 Governance
The implementation of this policy requires a high level of professional ethics, proper conduct and good
governance in all interactions between government, regulatory agencies, the information and
communications industry, broadcasting, postal sector and the non-governmental sector. It is
acknowledged that each of these sectors can make a valuable contribution to universal access and
service; hence all should be encouraged to make such contributions within their sphere of operation
without fear or favour. The legislation must therefore safeguard the independence of PURA, require
transparency, good governance and due process in regulatory rule-making and decision-making, as
well providing for public stakeholder consultation. It will further mandate periodic consultative review
of universal access and service definitions, targets, obligations and achievements.
6.4 Policy Co-ordination
The Universal Service and Access Policy serves to support and strengthen the implementation of other
policies for socio-economic development, including e-government, Gambian IC4D-2012 Plan for
Developing the Gambian Information Economy and Society and Accelerating the Process of
Transforming the Gambia into the Silicon Valley of Africa and the achievement of the Millennium
Development Goals (MDGs). Thus, universal access and service with respect to information and
communications technologies must be addressed in consultation with and taking into account related
needs expressed by government with respect to education; electrification; health; agricultural
development; mining; manufacturing, trade and tourism; people with disabilities and other economic
and social sectors to ensure that the needs of these sectors are addressed.
6.5 Policy Implementation:
This policy provides the course of action for concrete implementation and specific
interventions on the part of the responsible authorities and other stakeholders in support of
universal access and service. It is expected that implementation must take place both in
respect of the specific mandate and the overall policy direction. This policy recognises that the
evolution of technology, the manifestation of on-going sector phenomena such as
convergence, and the development of new implementation strategies, together require that the
specific content of the policy be revised and updated from time to time in accordance with
changing conditions.
HIPSSA – Gambia Universal Access and Service Project
> Annex 25
Tab
le o
f co
nte
nts
List of Acronyms
CPE Customer premises equipment
MOICI Ministry of Information and Communication Infrastructure
Fund Universal Service and Access Fund
GDP Gross Domestic Product
IC Information and Communication Technologies
IC4D Information and Communications Technologies for Development
IC4E Information and Communications Technologies for Education
IPTV Internet Protocol Television
NDP National Development Plan
PURA Public Utilities Regulatory Authority
QoS Quality of Service
SMME Small, medium and micro enterprises
HIPSSA – The Gambia
26 > Annex
Part 3: Draft Regulations - Fund Establishment
> Annexe 1 27
GAMBIA PUBLIC UTILITES REGULATORY AUTHORITY ACT
(2001) READ WITH THE INFORMATION AND COMMUNICATIONS ACT (2009)
UNIVERSAL SERVICE FUND ESTABLISHMENT REGULATIONS (2013)
ARRANGEMENT OF REGULATIONS
REGULATIONS
Chapter I – Scope and Introductory Provisions
IN EXERCISE of the powers conferred upon it by Section 54 (1) of the Gambia Public Utilities
Regulatory Authority Act 2001 and all other enabling powers in that behalf, the Authority hereby
makes the following Regulations
PART I – PRELIMINARY
Citation and commencement
1. These Regulations may be cited as the Universal Service and Access Fund Establishment
Regulations 2013. These Regulations are deemed to have come into force on the………………
Definitions
“the Acts” means the PURA Act, 2001 and the ICT Act, 2009
“Fund Board” – means the Board of Trustees as provided for in terms of section 118 of the ICT
Act, and as appointed in terms of Section 2 of these regulations.
“ICT Act” means the Information and Communications Act, 2009;
“Secretary of State” means the Secretary of State for Communication, Information
and Information Technology
Establishment of Universal Access Fund and Appointment of Board of Trustees (“Fund Board”)
HIPSSA – The Gambia
28 > Annex
2. The Secretary of State hereby establishes a Fund as envisioned in terms of Section 117(1) of
the Information Communications Act (2009), which funds projects to provide telephone,
internet and associated services to areas which, for some reasons, are not attractive to
private sector investors.
3. (1) As set out in section 118 of the Information Communications Act (2009), the Secretary of
State hereby appoints a Board of Trustees to manage and control the Fund as follows:
a) The Permanent Secretary of the Department of State
b) [abc], as a representative of the National Planning Commission
c) The Director General of the Authority
d) [abc], as a representative of the members of the Board of the Authority
e) [abc], as a representative of consumers
f) [abc], as a representative of service providers
g) [abc], as a private sector representative; and
h) [abc], as a private sector representative
(2) [abc1] shall be the Chairperson of the Fund Board.13
(3) The tenure of each Fund Board Members shall be three years, and a member may
only be eligible for re-election once.
(4) A member who has or intends to acquire a direct or indirect personal interest in a
tender or an agreement, shall declare the nature, extent and particulars of such interest
in writing, to the Board of the Authority and shall not take part in any consideration or
discussion or exercise any vote in such matter.
Functions of Fund Board
4. (1) The functions of the Fund Board shall include those functions set out in section 118(5) of
the IC Act, i.e.:
(a) supervising and providing broad policy directions for the management of the Fund
and Fund Managers;
(b) appointing and removing Fund Managers, in consultation with the Authority;
13 The 2 private sector representatives must be appointed by the Secretary of State on recommendation from
the Authority as per section 118 (1) (g). The Chairperson must be selected from amongst the members and
after consultation with the Authority as well.
> Annexe 1 29
(c) approving Operating Plans, which shall include one or more programs and
projects and the budget for all operations and expenses of the Fund Board,
Secretariat, Fund Managers and all their matters to be financed by the Fund during
the period of the Operating Plan;
(d) establishing Guidelines and regulating the activities of the Fund Manager;
(e) approving all processes, procedures, guidelines and decisions to give full force and
effect to the regulations;
(2) Additional functions assigned to the Fund Board in terms of these regulations, and
which may be amended from time to time, include:
(a) specifying the universal service obligation through defining a set of communication
services to which all users should have access at an affordable price;
(b) designating universal service providers with an obligation to provide universal
services;
(c) designating universal service areas and defining rural and underserved areas as set
out in section 119 (4) (f) of the IC Act;
(d) developing Subsidisation Guidelines
(e) determining and distributing the universal service subsidy.
(f) initiating or causing the Authority to initiate proceedings and determine sanction in
terms of sections 27, 28, or 44 of the ICT Act, as applicable.
(g) providing reports to the Minister and the Authority every 6 months on the activities of
the Fund
Establishment and Functions of Fund Secretariat
5. (1) Within 3 months of the promulgation of these regulations, the Authority must establish a
Fund Secretariat responsible for the day to day management of the Fund.
(2) The Fund Secretariat must, as provided for in section 119(4) of the IC Act:
HIPSSA – The Gambia
30 > Annex
(a) receive applications for loans, grants and subsidies14 from eligible persons such as
community based information and communication operators;
(b) review those applications and make recommendations to the Fund Board as to
which applications should be funded;
(c) liaise with other Directorates in the Authority in processing licenses for funded
applications;
(d) provide loan recipients, subsidy beneficiaries15 and grantees with technical and
managerial assistance
(e) evaluate project performance and effect such actions as may be necessary to ensure
that loan recipients and grantees meet objectives for network expansion and
provision of service
(f) enforce standards of quality of service in rural and underserved areas set by the Fund
Board
(g) collect project assignments and loan repayments and pay loan repayments into the
Fund
(h) evaluate the effectiveness of the Fund in meeting policy goals as set by the
Government and the Board
(i) facilitate collaboration between activities that are funded by the Fund and other
infrastructure and development efforts
(j) liaise between the Fund Board and the Fund Managers
14 Note that this is an addition – “subsidies” not explicit in ICT Act
15 Note that this is an addition “Subsidy beneficiaries” not explicit in the ICT Act
> Annexe 1 31
(k) prepare and recommend to the Fund Board, the Operating Plans
(l) prepare and recommend to the Authority and to the Board the guidelines to
establish and regulate the structure and activities of the Fund Secretariat and Fund
Manager and revise such guidelines from time to time
(m) coordinate with the Authority to carry out its functions; and
(n) prepare and recommend to the Board all processes, procedures, guidelines and
decisions necessary to give full force and effect to the regulations.
(3) In addition, the Fund Secretariat must,
(a) submit a recommendation to the Fund Board on a suitable Fund Manager further to
a process set out in section 120(1) of the IC Act. Such recommendation must be
made within 3 months of the Fund Secretariat being established
(b) conduct a market gap analysis which must be subjected to a public consultation
process and must amongst others identify the true access gap and the smart-subsidy
zone, for
(i) electronic communications services,
(ii) broadcasting services and
(iii) postal services
at least once every three years, and make the report available to the Fund Board, who must
in turn make it available to the public, once approved, and implement a process to address
these gaps.
(c) Strive to promote the goal of universal access and service
HIPSSA – The Gambia
32 > Annex
(d) Conduct research into and keep abreast of national and international information
communication technology developments and universal access and service
initiatives on an on-going basis;
(e) Monitor and evaluate compliance to universal access and service obligations by
relevant licensees with the assistance of other departments within the Authority
where required;
(f) Request any information, documentation or reports from relevant licensees, as may
be required in order to perform its functions;
(g) Conduct bi-annual surveys and evaluate the extent to which universal access and
service have been achieved, and make the findings publicly available;
(h) Implement supply chain management processes including but not limited to the
preparation of tender documents, invitations to tenders, evaluation and awarding of
tenders;
(i) Conduct project management for the implementation and completion of contracts
or any projects as may be required;
(j) Procure the services of experts and other consultants to provide advice and services
relating to the performance of any of its functions;
(k) Monitor and enforce the carrying out of universal service plans by the universal
service providers;
(l) Operate and maintain a universal service fund established under these Regulations;
(m) Monitor and enforce a mechanism for the assessment, collection and recovery of the
universal service levy; and
(n) Initiate or cause the Authority to initiate proceedings in terms of sections 114, 115,
116, and 117 of the IC Act, as applicable.
> Annexe 1 33
Awarding of loans, grants and subsidies
6. (1) The loans, grants and subsidies awarded to companies and/or operators in terms
of section 4(2)(a) and (b) of these regulations, must be issued in terms of a competitive
tender process16 as follows:
(a) A universal service tender committee consisting of no less than 5 members, one
of which shall be the Fund Manager shall be created to adjudicate that particular
tender.
(b) A member must disclose to the universal service tender and the Fund Board
annually and with every tender under consideration, the full details of any
material conflict of interest, whether direct or indirect, which could impair their
ability to render unbiased advice or make unbiased decisions, affecting the
allocation of the tender.
(c) The tender process to be pursued for the disbursement of funds, as an expansion
of section 41 of the IC Act, is as follows:
(i) In instances where tenderers have to prequalify, the requirements and
applications shall be published once in the Gazette and at least once in
each of the newspapers contracted by the Government stating the period
within which such applications are to be made and including the
documents required by the Authority to select potential tenderers.
(ii) A title of a tender shall contain at least the following information, as
applicable:
(a) Instructions for preparing tender proposals;
(b) Technical and quality related characteristics of the goods to be
procured or the services to be rendered or the nature of the rights to
be acquired or granted, which may include technical specifications,
plans and drawings;
16 Note that this could be a least cost bid, an auction, a beauty contest, etc. – no limitations as long as all are
able to compete for the subsidy
HIPSSA – The Gambia
34 > Annex
(c) The currency in which the tender price is to be formulated and
expressed and clarify whether the pricing proposal and technical
proposal should be submitted separately;
(d) The manner in which the proposals in response to the tender have to
be submitted, as well as the place and closing date for the submission
of tenders;
(e) The period during which the tender proposals shall be in effect; and
(f) Tender security to be furnished and conditions for its refund, if
applicable.
(iii) The universal service tender committee may at any time request any bidder
to clarify any matter related to the tender proposal, in such manner as may
be determined by the committee in the examination, evaluation and
comparison of tender proposals.
(iv) The universal service committee shall not consider a tender proposal unless it
complies with all the characteristics, terms, conditions and other
requirements set out in the title of the tender with the exception if the non-
compliance is a minor deviation that does not materially alter or depart from
such characteristics, terms, conditions or other requirements.
(v) If the bidder fails to comply with a request to clarify any matter in terms of
sub regulation (3) or if, in the opinion of the universal service committee, the
bidder resorted to corrupt practices with the view to influence the
committee in the selection of the tender, the universal service committee
may decide not to consider the relevant tender proposal provided that all the
reasons for not considering a tender proposal will be kept on recorded.
(vi) In examining a tender proposal, the universal service tender committee shall
consider the capacity, experience, integrity and financial status of the bidder
as well as the price preference policy of the Government to redress social,
economic and educational imbalances of society.
> Annexe 1 35
(vii) The universal service committee shall record and keep on record, the
reasoning for all its tender allocation decisions, including but not limited to
the reason for not selecting the lowest priced tender.
(viii) All tender proposal documents shall be opened in public.
(vix) All bidders shall be notified in writing of the acceptance or rejection of their
tender proposals and upon request with the reasons for the universal service
committee’s decision.
(x) All bidders shall be informed of the name of the bidder whose tender
proposal has been accepted.
(xi) A written agreement must be concluded after the acceptance of a tender
proposal within 30 days from the date on which the bidder was notified of
the acceptance of a tender proposal.
(1) The written agreement must, but are not limited to include the following explicit
requirements –
(a) measurable deliverables;
(b) regular reporting requirements;
(c) the conclusion of a service level agreement, where applicable;
(d) repair and maintenance obligations, where applicable;
(e) training services; where applicable; and
(f) quality of service requirements, where applicable.
(2) The Fund Board must instruct the Authority to enter into an appropriate agreement,
which may include license conditions, with the successful bidder and must provide
detail on the terms and conditions.
(3) If the bidder fails to enter into an agreement with the Authority within 30 days,
unless such period was extended based on mutual agreement between the Authority
and the bidder, or if when required the bidder fails to furnish security for the
performance of the agreement, upon recommendation of the Authority, the Universal
Service Committee may withdraw the acceptance of the tender documents. In this
instance, the Universal Service Committee may at its discretion select the second
place bidder or, new tenders may be invited.
HIPSSA – The Gambia
36 > Annex
(2) Subsidies may be issued to special categories of users, such as persons with disabilities,
pensioners, or students, without following a competitive tender process.17 In such instances,
awards must be determined in terms of the Subsidisation Guidelines published by the Fund
Board and provided for in section 3(2) of these regulations.
Review
7. [Insert standard Gambian Review clause]
17 This would apply in cases such as subsidies to pensioners, persons with disabilities, etc.
> Annexe 1 37
HIPSSA – The Gambia
38 > Annex
Part 4: Draft Regulations - Universal Access and Service
> Annexe 1 39
PUBIC UTILITIES REGULATORY AUTHORITY
No. 2013
REGULATIONS REGARDING THE PROVISION OF UNIVERSAL SERVICE AND ACCESS
IN TERMS OF THE PUBLIC UTILITIES REGULATORY ACT, 2001 AND THE
INFORMATION AND COMMUNICATIONS ACT, 2009
IN EXERCISE of the powers conferred upon it by Section 54 (1) of the Gambia Public Utilities
Regulatory Authority Act (2001) read with sections 115, 112, 113, 114 and 115 of the Information
and Communications Act (2009) the Authority hereby makes the following Regulations.
PART I – PRELIMINARY
Citation and commencement
1. (1) These Regulations may be cited as the Universal Service and Access Regulations 2013. These
Regulations are deemed to have come into force on the………………
Definitions
2. (1) In these regulations, any word or expression to which a meaning is assigned in the IC Act or the
PURA Act, shall have the same meaning and –
“the Acts” means the PURA Act, 2001 and the IC Act, 2009
HIPSSA – The Gambia
40 > Annex
“Annual Turnover” means total revenue generated (from licenced activities18), based on
audited annual financial statements, or, if the licensee is not required by law to audit its
financial statements, on the annual financial statements signed and sworn by the
accounting officer of the licensee.;
“Applicable Interest Rate” means the uniform interest rate set by the Bank of Gambia in
terms of the Bank of Gambia Act, XX of 19XX;
"Automatic location identity" means any location information processed in an electronic
communications network indicating the geographical position of the subscriber
equipment;
“Authority” means the Public Utilities Regulatory Authority established in terms of the
PURA Act, 2001
"Caller line identity" (“CLI”) means a facility by which the subscriber number of a caller
is displayed to the called party prior to the call being established and is a form of
automatic number identity;
“Cost analysis” means an economic evaluation of the component parts of a whole and their
relation by using budgeting and accounting practices to determine the true cost and may
include a cost-benefit analysis;
“Emergency organisations” means
(a) police services;
(b) ambulance services;
(c) traffic authority;
(d) fire brigade; and
(e) any other similar organisation providing assistance to the public in case of
emergency
18 PURA to determine whether the limitation to licenced activities is necessary
> Annexe 1 41
“Higher Education Institutions” means any institution established by or under any law or
registered as a private higher education institution in terms of the Higher Education Act No.
XX of 19YY, as amended from time to time; 19
“IC Act” means the Information and Communications Act, 2009;
“Internet Service” means a service that links the user to a collection of interconnected
webpages that are transferred using HTTP (Hypertext Transfer Protocol), and is collectively
known as the World Wide Web;
“Internet Service Provider” or “ISP” means an entity that provides access to, or a presence
on, the Internet in terms of an electronic communications network or service licence;
“Licensed Activity”20 means any service provided pursuant to a licence issued in terms of the
ICT Act or the PURA Act;
“License” means any License that has been granted by the Authority pursuant to the PURA
Act and the IC Act and includes subsisting Licenses that were granted prior to the
commencement date of the PURA Act and the IC Act.
“Market Gap Analysis” is the process of identifying and evaluating requirements of a
geographic area, market segment or target population and possible solutions to meet
these requirements, and includes the identification of the True Access Gap and the Smart
Subsidy Zone;
“PURA ACT” means the Public Utility Regulation Act, 2001
“Regulations” means any Regulation or Guideline that has been published by the Authority
pursuant to the IC Act or the PURA Act.
19 PURA to insert Gambian legislation that is relevant and defines schools/higher education institutions
20 This definition will only remain if the definition of Annual Turnover refers to licenced activity
HIPSSA – The Gambia
42 > Annex
“Relevant licensee” means any type or category of licence that is required to comply
with a relevant provision of the IC Act or these regulations as may become applicable to
such licence type or category from time to time;
“School” means all primary, secondary and special schools as defined in the Education
Act No. XY of 19xx, as amended from time to time;21
“SIM-lock” means the inability of a subscriber to use the SIM card of another electronic
communications network licensee or electronic communications service licensee on the
subscriber's equipment;
“Smart-subsidy zone” means certain rural or high cost areas, low-income population
groups, or other segments of the market that will not be reached for the provision of
communications by the market alone, even if it is an efficient market, within a reasonable
time; these are areas and groups which have commercial potential but may include a
once-off/short term subsidisy to mitigate commercial risks, making the area more
attractive to commercial operators.;
“Soft-lock” means the inability of a subscriber to use the billed or paid services of the
electronic communications network licensee or electronic communications service
licensee on the subscriber's equipment;
“Special Tariff” means the discounted rate determined by the Authority that must be offered
by licensees to all requesting Schools, Higher education Institutions, State Hospitals and State
Health Facilities by licensees providing internet access.
“State Hospital” means a hospital established or deemed to be established in terms of the
Hospitals and Health Facilities Act No. XX of 19YY, as amended from time to time22;
21 PURA to insert Gambian legislation that is relevant and defines schools.
22 PURA to specify Gambian legislation that is relevant and defines health facilities and hospitals
> Annexe 1 43
“Status Quo Analysis” means the current state of the IC industry in a particular area including
universal access and universal service provision;
“True Access Gap area / zone” means geographic areas or segments of the population
that are beyond commercial viability, and are likely to always require subsidisation, due
to poverty and / or remoteness, even in instances where initial smart subsidies are
given;
“Universal Access” means the extent of public access to electronic communications,
broadcasting and postal services at affordable prices, determined by following the
process set out in these regulations;
“Universal Service Fund” means the universal service fund established in terms of
section 117 of the IC Act and may be referred to as “the Fund”;
“Universal Service Provision” means the extent of individual access to electronic
communications services and postal services are provided at affordable prices and
identified by following the process provided for in these regulations for services set out
in section 117 of the IC Act;
PART II – SCOPE AND INTRODUCTORY PROVISIONS
Commencement Processes for Universal Service and Access
3. With effect from the Commencement Date of these Regulations the Authority shall enforce its
universal service and access objectives in accordance with the provisions of the Acts and these
Regulations.
Powers, principles and procedures generally
4. The Authority shall pursuant to the Acts and these Regulations promote the objectives of universal
service and access by monitoring and enforcing compliance by all persons who are subject to the Acts
with-
HIPSSA – The Gambia
44 > Annex
(a) the provisions of the Acts and Regulations; and
(b) specific Directions of the Authority pursuant to the Acts, Regulations or any License
Conditions.
5. (1) In applying and implementing these Regulations, the Authority shall have the following
functions—
(a) to designate universal service providers with obligations to provide universal services;
(b) to monitor and enforce compliance with and the carrying out of universal service plans
by the universal service providers; and
(c) to monitor and enforce a mechanism for the assessment, collection and recovery of the
universal service levy,
Scope of Universal Service and Access and Eligible Persons
6. (1) The Universal Service and Access strategies and funding developed by the Authority and /or
the Fund Board may apply to any or all of the following categories of ICT services and infrastructure –
(a) voice communications services;
(b) data communications services;
(c) infrastructure for the provision of voice or data communications services;
(d) equipment and end user devices; and
(e) training and skills development
7. (1) Persons eligible to receive subsidies from the Fund, subject to Fund projects and priorities as
determined by the Fund Board, may include –
(a) persons with disabilities;
(b) the elderly / recipients of social grants;
(c) Schools, Higher Education Institutions, State Hospitals and State Health Facilities;
(d) Students; and
(e) Licensees, subject to a competitive tender process.
PART IV – UNIVERSAL SERVICE FUND CONTRIBUTIONS
8. (1) Every holder of an individual licence, class licence or general authorisation to
> Annexe 1 45
provide information and communications networks or information and communications services
granted in terms of the IC Act, must pay an annual contribution to the Fund of 1% of its Annual
Turnover23.
(2) In instances where a legal entity holds any combination of licences, such entity may calculate
the universal service fund contribution based on the Annual Turnover from the aggregated
revenue generated from the combined licences.
9. (1) Payments in respect of contributions to the Fund –
(a) Are due annually on or before the due date, which is 6 months after the licensee’s
financial year end;
(b) Must be paid by way of an electronic transfer or via a direct deposit into the account
created by the Universal Service Fund for such purposes;
(c) Must be based on the audited annual financial statements of the licensee or, where the
licensee is not legally obliged to provide audited financial statements, based on the licensee’s
financial statements signed and sworn to by the accounting officer of the licensee.
(2) The Authority may charge interest for every day that the licensee is in arrears in respect of
contributions to the Fund, based on the Applicable Interest Rate.
10. (1) Failure to make contributions to the Universal Service Fund may result in the
initiation of proceedings in terms of sections 27, 28, or 44 of the IC Act, as applicable.
PART V - FUND ALLOCATIONS
Applications for use of the Fund
23 Levy should be determined following either a benchmark exercise; or a Market Gap Analysis – ideally the
latter – a holding position can be agreed for the purposes of these regulations based on benchmarking in the
absence of local research is available.
HIPSSA – The Gambia
46 > Annex
11. (1) Eligible persons as identified in terms of regulation 7 may apply for the use of the
Fund either in response to a competitive tender process or further to a specific order by the
Authority in terms of subsection 54(3) of the IC Act explicitly excluding a competitive tender
process, to subsidise:
(a) the acquisition of equipment and related products and services (excluding the
products and services to which the Special Tariff applies) to facilitate voice and
internet access;
(b) the provision of additional infrastructure including buildings, electricity and
security to facilitate the use of voice and internet services.
(c) the provision of training to users of the service to facilitate the use of internet
services; and
(d) the provision of management services to facilitate the use of internet services.
Disbursement of monies
12. (1) Funds from the Universal Service Fund may only be disbursed by the Fund Board
after consultation with the Authority, and as follows:
(a) Based on a submission of expenses directly relating to the administration, control
and accounting of the universal service fund by the Authority;
(b) Based on a competitive tender process for any purpose related to universal service
and access to ICTs; or
(c) For any purpose related to universal service and access to ICTs if in any particular
case, good cause deems it impracticable or inappropriate to invite tenders.
(2) All disbursements in terms of 9(1) (a) must be aligned the Universal Service Fund
Operating Plan and Budget as approved by the Fund Board in terms of section 3(1) of the
Universal Service and Access Fund Establishment Regulations, 2013.
> Annexe 1 47
13. (1) A competitive tender process may be used to provide universal service and access,
provided that it is prepared based inter alia on the outcomes of the following minimum
processes, approved by the Fund Board, which information will be made publicly available:
(a) Market Gap Analysis; and
(b) Cost analysis.
14. (1) The disbursement of funds must be implemented in the manner provided for in the
Fund Board’s Subsidisation Guidelines and Operations Manual.
(2) The Authority must, on detailed written instruction from the Fund Board enter into an
appropriate agreement with a successful bidder, which may include an agreement set out in
licence conditions.
(3) If the successful bidder fails to enter into an agreement with the Authority, within 30 days,
unless such period was extended based on mutual agreement between the Authority and the
bidder, or if when required, the bidder fails to furnish security for the performance of the
agreement, the Authority may recommend that the acceptance of the tender documents
may be withdrawn by the Universal Service Committee. In this instance, the Universal Service
Committee may at its discretion select the second place bidder or, new tenders may be
invited.
Implementation of Fund Projects
15. (1) The Fund Manager is responsible for appointing a project manager for every
accepted tender proposal to –
(a) ensure compliance by the licensee to the agreement concluded in terms of sub-
regulation 16(11) with the Authority including adherence to time frames and
submission of reports;
(b) inform the Authority timeously of any instances of non-compliance;
(c) conduct independent assessment of compliance by the licensee.
HIPSSA – The Gambia
48 > Annex
16. (1) The Fund Manager must monitor and evaluate each project, to assess whether the
implemented project has had the required impact based on its strategic plan; and must
submit quarterly reports to the Authority to enable enforcement.
PART VI - UNIVERSAL SERVICE OBLIGATIONS
17. All Universal Service Obligations imposed must be competitively neutral, transparent
and measureable.
18. (1) The Authority may impose Universal Service Obligations on licensees to be included
as an annexure to their licenses in instances where
(a) the obligations are offered or imposed as a condition of a licensing process.
(b) the obligations are the outcome of a competitive tendering process
(c) the obligations form part of the Authority’s universal service and access strategy,
based on the conducting of a Market Gap Analysis and Cost Analysis
19. (1) All relevant licences with no coverage and roll-out time-tables at the time of publication of
these regulations, shall meet the roll-out targets and time-tables as may be determined by
the Authority from time to time.
(2) All relevant licensees must report in writing to the Authority on or within 30 days of each
financial year the following information, in electronic format where possible –
(a) Details of the service it provides to its customers and the technology used (where
applicable);
(b) Current roll-out status;
(c) Maps indicating the current coverage of the licensee on the date of the report;
(d) Roll-out projections for the next year;
> Annexe 1 49
(e) Compliance with any Quality of Service and Emergency Services requirements as
may be prescribed by the Authority from time to time.
PART VII – SPECIAL TARIFFS
20. (1) Any relevant licensee, must provide internet services to all Schools, Higher
education Institutions, State Hospitals and State Health Facilities at a Special Tariff or
discounted rate determined by the Authority which –
(a) shall be 30%, pending the finalisation of the necessary reseacrh by PURA24.
(b) shall be calculated by deducting the percentage discount from the total charge per
megabyte levied by any licensee.
(c) shall be available for at least two of the product offerings available from a licensee,
which much include one pre-paid and one post-paid package, where relevant.
(2) Any relevant licensee that provides infrastructure to an Internet service provider or
another licensee that provides internet services to Schools, Higher Education Institutions,
State Hospitals and State Health Facilities must provide such infrastructure or relevant
portion of the infrastructure at a similar discount determined by the Authority, that will be
deducted off the total charge levied to such service provider or other licensee to facilitate
that particular service, where possible.
(3) The Special Tariff is restricted to internet access and connectivity charges for access to the
internet, and does not include charges for equipment, related services or voice calls.
24 The percentage discount is set out in these regulations based on benchmarking in the short term (in the
absence of on the ground local research). This must be reviewed sa soon as possible, subject to a Market Gap
Analysis and analysis of – Cost (to the operator) and demand & affordability (by the institutions); the
percentage should enable access with an understanding of those factors.
HIPSSA – The Gambia
50 > Annex
21. (1) Schools, Higher Education Institutions, State Hospitals and State Health Facilities may
approach the licensee of their choice to provide Internet services based on the relevant
existing products offered by such licensee to apply for the Special Tariff and must comply
with the applicable customer service approach and requirements of the licensee.
(2) When approached by a School, Higher Education Institution, State Hospital and State Health
Facility the licensee must –
(a) clearly indicate if it has network coverage within the specific area, where internet
services are required;
(b) clearly indicate the technology that will used to provide the internet services to
the relevant School, Higher Education Institution, State Hospital or State Health
Facility;
(c) either apply its standard customer service approach in terms of inter alia credit
vetting, commercial contracts, payment arrangements and customer service for a
particular product as for any other customer, or if a customised product is
developed for the Special Tariff, publish the customer service approach on its
website and make it publicly available;
(3) In the event that a licensee is approached by a School, Higher Education Institution,
State Hospital or State Health Facility and is not able to provide Internet services it
shall inform the Authority in writing with clear reasons for its inability to provide
services, within 30 days of declining to provide the service.
22. (1) The product and service offered based on a Special Tariff may not be of lesser standard or
quality than the products provided as part of the standard customer services approach
offered by the licensee.
23. (1) Each relevant licensee shall inform every School, Higher Education Institution, State Hospital
or State Health Facility within its coverage area of this obligation to provide a Special Tariff,
on an annual basis, and provide proof of its communication to the Authority.
> Annexe 1 51
(2) Relevant licensees shall submit an annual report to the Authority listing the number of
Schools, Higher Education Institutions, State Hospitals and State Health Facilities that
receives a Special Tariff and indicate-
(a) Traffic volumes;
(b) Total invoice amounts;
(c) A summary of complaints received by beneficiaries of the Special Tariff; and
(d) a summary of the payment history of each beneficiary of the Special Tariff.
PART VIII - EMERGENCY SERVICES 25
112 as National Emergency Number
24. The number 112 is hereby established as the main national public emergency number.
25. (1) No person may call the national emergency number 112, for any purpose other than
to request an emergency service.
(2) It is a criminal offence for a member of the public to make false claims of an emergency or
call the 112 Emergency number for reasons other than in an emergency.
26. (1) All relevant licensees must carry communications to the 112 Emergency number at
their own cost and may not levy any charge on the caller for placing calls to the 112 Emergency
number.
(2) Where more than one licensee carries the emergency request, the licensees must enter into
commercial arrangements to ensure that the payments are made to the licensee with respect to
the cost of carrying the request. No charges may be levied to end users.
Caller Line Identity and Automatic Location Identity
25 The Emergency Services section may be set out in separate regulations from the UAS regulations
HIPSSA – The Gambia
52 > Annex
27. (1) All relevant licensees must make automatic number identity, such as Caller Line
Identity and Automatic Location Identity available to 112 emergency services, where a
licensee uses the services or network of another licensee, the same obligation applies.
(2) The Caller Line Identity, must be used by the licensee, public Emergency Centres and
Emergency Organisations for emergency requirements only.
(3) Where there is a need for the licensee, public emergency communications centre or
Emergency Organisation to use the Caller Line Identity to return the emergency call to the
subscriber or end-user, they may do so for the emergency purposes only.
(4) Licensees are exempt from liability for all claims arising out of acts done in meeting their
obligations when making automatic number identity, such as Caller Line Identity and
Automatic Location Identity available to 112 Emergency Organisations only.
Accessibility and Awareness
28. (1) All end-users must have access to the 112 emergency number from private and
public phones including,
(a) Subscribers whose telephone services are temporarily disconnected or suspended
from networks of their respective licensees;
(b) Subscribers and end-users using SIM-locked and Soft-locked phones
29. (1) The most efficient and effective technologies must be used to provide the physical
location details of the subscriber or end-user to the 112 Emergency Organisations.
(2) Licensees must ensure, at all times, that their networks have diversity, redundancy,
transmission quality and dedicated circuits in meeting the requirements in these regulations.
30. (1) Licensees must use mechanisms available to them to make the public, subscribers
and end-users aware of the 112 emergency number.
(2) The Authority will publish a list of generally accepted emergency numbers that may
> Annexe 1 53
be dialled by subscribers in distress, which must be routed to the 112 Emergency
Organisations on the same terms as 112 calls26.
26 Numbers that are currently used in the Gambia for Emergency Services should ideally be included in these
regulations; especially if 112 has not been designated a national emergency number.
HIPSSA – The Gambia
54 > Annex
> Annexe 1 55
Part 5: Implementation Notes to Support Draft Regulations
1. Background
These Implementation Notes support the Draft Regulations on the Establishment of the Fund (Part 2), and
the Draft Regulations on UAS (Part 3). This document set out key issues that must be borne in mind in
finalising the aforementioned draft regulations. The key reason for the need for “next steps” is: the need
to finalise the national UAS policy and to conduct further research (i.e. Market Gap Analysis) in order to
set national targets and objectives.
2. Next Steps/Further Action Required to Implement UAS
Regulations
The regulations set the framework for UAS in Gambia, however there are still a number of steps that must
be followed in order to finalise the UAS framework. In order to effectively implement the proposed
regulations, the government and regulator should bear in mind that the following steps must be taken:
Action
Nature of Action Comments
Establishment of the Universal Services
Fund Regulations (and thus of the Fund
Board) must be passed first
Internal process Draft provided in Part 2
Identification of priority projects for next 3
years by Fund Board with Fund Secretariat
Internal process International Best Practice
Setting up of a separate USF bank account Internal process
Preparation of Operating and Procedures
Manual
Must be published International Best Practice
112/ National Emergency Number Must be published 112 or other existing numbers, and
amedn regulations accordingly
HIPSSA – The Gambia
56 > Annex
3. Next Steps for Fund
Once established, it should be noted that the Fund Board and Secretariat must prioritise the following
research projects as they also impact the implementation of the regulations—
a Market Gap Analysis which must be subjected to a public consultation process and must
amongst others identify the True Access Gap and the Smart-Subsidy Zone. The Market Gap
Analysis must be conducted at least once every three years, and the final report must be made
available to the public and used as a basis to implement a process to address these gaps. It will
assist to develop
o definitions and targets for “universal service” and “universal access”
o definitions and targets for universal service obligations
o levels of subsidy and support necessary in order to meet the targets and thus close
gaps/bridge the digital divide
Preparation of Operating and Procedures Manual
4. Strategic Decisions
4.1 Universal Service Levy and “Special Tariff” for schools and
hospitals
A decision needs to be made :
- on the universal service fund levy/ contribution by operators, and
- on the level of the discount to be applied to the special tariff for internet access for schools
and hospitals.
Ideally, the above two decisions must be evidence based (based on projects identified by the Fund Board)
or else, in the absence of sufficient information, may be based on a strategic decision (benchmarking).
Since no research has been done in country to support the setting of a particular level, it is proposed that
benchmarking be done against other SADC regulators in terms of which the HIPSS A Toolkit is helpful –
this must be reviewed once Gambia-specific information is available.
Regardless of the decision making approach taken, the public should be given an opportunity to comment
on the proposals made by PURA in the regulations prior to finalisation.
> Annexe 1 57
Issue Requirement Comment
Based on identification of priority
projects, PURA to make a
determination on USF levy
Must be published for comment Normally this must be evidence
based (based on projects) or
else, in the absence of sufficient
information, may be based on
strategic decision
(benchmarking)
Determination of the discount
applicable to the “Special Tariff”
for internet access to schools and
hospitals
Must be published for comment Normally this must be evidence
based (based on actual
affordability by schools and
hospitals) or else in the absence
of sufficient information, may be
based on strategic decision
(benchmarking)
4.2 Benchmarking of Universal Service Levies – SADC
Globally, levies that are imposed on operators internationally range from 0.04 percent of revenues in
Estonia to 5 percent in Colombia and India and 6 percent on certain services in Malaysia.27 Most
countries however have a contribution level ranging between 1 and 2 percent, with contributions
required from fixed and mobile operators as well as Internet Service Providers (“ISPs”).
The HIPSSA Guidelines and Toolkit found that in SADC, South Africa, Swaziland28, Tanzania, Lesotho and
Zimbabwe, amongst others, have set levies for operator contributions ranging from 0.2 percent of annual
turnover to 5 percent. The SADC levies fall broadly within the global norms, with South Africa and
Tanzania both falling below global norms.
27
Hudson H, Defining Universal Service Funds (Intermedia, March 2010)
28 According to section 42(8) of the 2009 ICT Bill, Swaziland’ Commission shall contribute all remaining unused funds or
revenue to the Universal Service/Access Programme.
HIPSSA – The Gambia
58 > Annex
Contributions to the USAF in SADC29
Country Levies on Operators Other Contributors Comments
Botswana N/A Government Seed Capital from
Regulator for Future
USAF
Democratic
Republic of Congo
2% None Only the mobile
operators contribute30
Lesotho 1% of Net Operating
Income
25% of NRA operating
Surplus
Seed Capital from NRA
Govt
Mauritius 5% gross revenue from
international roaming ;
1,50 Rupees on
incoming international
calls
Mozambique 1% in income after tax Government, Interest of
Fixed Deposits, Surplus
fund at the end of
Regulators’ financial year,
and other donations
(Development Partner
grants, etc)
South Africa 0.2% of Gross Annual
Turnover
Swaziland 0.05% of Net Operating
Profit
None Only the mobile operator
contributes
Tanzania 0.3% Annual Gross
Turnover
Development Partner grant
29
HIPSSA Review, as updated
30 Sepulveda, 2009
> Annexe 1 59
Country Levies on Operators Other Contributors Comments
Zambia Regulator allocates 10 %
of its 3% Annual Gross
Turnover from license
revenue
UAS activities are funded
solely on budget
submissions by the UA
unit. Legislation is yet to
be put in place which
shall specify allocation
toward the Fund.
Zimbabwe 2% contribution from all
operators31
Any monies appropriated
by act of Parliament for
the purposes of the
Fund.
Any surplus funds at the
end of the Regulators
financial year.
Any other monies to
which the Fund may be
lawfully entitled
may also be used
Source: ITU HIPSSA Universal Access and Service Toolkit
4.3 Benchmarking “Special Tariffs” or E-rates
Two examples of e-rates or special tariffs applicable to schools exist in South Africa and in the United
States of America:
In the USA, discounts for support depend on the level of poverty and the urban/rural
status of the population served and range from 20% to 90% of the costs of eligible
services. Eligible schools, school districts and libraries may apply individually or as part
of a consortium.
31 Available at www.potraz.gov.zw/index.php/component/blog_calendar/?year=2010&month=03&modid=80&start=40
as reflected on 2/02/2011
HIPSSA – The Gambia
60 > Annex
In South Africa, all licensees must charge schools receiving internet service a total
minimum discounted rate of 50% of the total charge levied by the licensees. The
discount is applicable of the total charge levied by the licensee which includes but is not
limited to the following: (1) any connectivity charges for access to the Internet;(2)
charges for any equipment used for or in association with connectivity to the Internet;
and (3) all calls made to an Internet Service Provider.
The current recommendation in the Gambian draft regulations is relatively conservative in the
absence of costs and market information. The proposed percentage discount should be captured in
the draft regulations and subjected to public consultation prior to finalisation.
4.4 Emergency Services
It is our understanding that there are currently no Emergency Centres (central place to which all
emergency numbers are routed), no special provisions for interconnection of emergency calls, and
importantly 112 has not been designated as the national Emergency Number in the Gambia. These are
important steps which may warrant their own Emergency Services regulations rather than a section on
Emergency Services in the UAS regulations. This is a strategic decision that the Minsitry and PURA must
make.
It should however be noted that Emergency Services are correctly included in the scope of UAS and even
if a decision is made to have separate regulations on Emergency Services, a section must be retained in
the UAS regulations and should include a clause setting out the existing Emergency Numbers used in the
country and minimum standards is included in the UAS regulations.