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.