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Faculty of Computing and
Information Technology
Post Graduate Certificate in Information
Technology Law (PGdip-CITL)
Dr. Nana K. Annan
Email: nk.annan@wiuc-ghana.edu.gh
Tel: +233 244424578 / 268752196
Convergence in ICT
Course Title
Information and Communication Technology
(ICT) Convergence
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
2
Objective
• To discuss the evolution of ICT
• To discuss global trend of ICT convergence
• To discuss the socio-political economy of ICT
convergence
• Techno-economy of ICT convergence
• Pros and Cons
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
3
Convergence
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Convergence
• Bringing together technology, market or
legal/regulation to integrate across diverse
technologies.
• International common place of transaction
• Combination of different and separate
technology, service, business, market, culture
etc.
• Ability to integrate many systems into one
system…
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Convergence
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
6
Convergence
• The consensus toward one common understanding.
This can be found in many areas of life.
– Business
– Technology
– Ideas
– Culture
– Government
– Policy
– Belief
– Media
– etc
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
7
What is ICT convergence?
• The ability of different computing devices,
services, or networks to provide different
services over a common platform.
• Bringing industries in the information and
communication technology sector together,
which hitherto were viewed as separate and
distinct in commercial and technological
sense.
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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What is ICT convergence? cont.
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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What is ICT convergence? cont.
• The interlinking of computer and information
technologies, media content, and communication
networks with various activities, products and
services in the digital media space.
• The possibility of various networks platforms to
provide practically the same set of services.
• The unification of user’s devices, such as
telephone, PC, TV and audio player into a single
terminal.
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
10
What is ICT convergence? cont.
• Putting together Telecommunications,
Computing and Broadcasting into information
and Communications Technologies (ICT)
– Telecom: the convergence of voice & data, fixed &
mobile networks/services, public & corporative
networks and number portability etc.
– ICT: using a single technology to transmit voice,
data and video. A single carrier/provider for voice,
data and video.
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
11
What is ICT convergence? cont.
• Integration of two or more technologies.
Digital television, computers and telephony to
provide the same service or content.
• Combining and presenting different media
(multimedia) into a single delivery system.
– The internet is a typical example.
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
12
What is ICT convergence? cont.
• What is IT?
Refers to hardware and software used to
store, retrieve, and process data
• What is CT?
Refers to electronic systems used for
communication between individuals or
groups
• What is ICT?
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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What is ICT convergence? cont.
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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What is ICT convergence? cont.
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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What is ICT convergence? cont.
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Types of Convergence in ICT cont.
• Terminal / Device Convergence
– The ability for different forms and categories of
devices from different manufacturers to connect
together with an architecture that support
different networking paradigms in a single system
to share content, provide information or services
etc.
– Single device to be able to handle voice, data and
video.
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Types of Convergence in ICT cont.
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Types of Convergence in ICT cont.
• Convergence of Devices gives service providers
the room to work with devices with different
technologies to offer new and cost-effective
services.
– Online TV
– Web on TV
– Live event streaming over the internet on the Web
– IP phones that uses Ethernet connections
– PC to PC phone calls
– Mobile Banking and Mobile money
– Etc.
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Types of Convergence in ICT cont.
• Access Convergence
– Using different access technologies such as DSL,
cable modems, PON/AON, wireless technologies
to provide multiservice access.
• Copper cable (twisted pair)
• Coax cable
• Fibre optic cable
• UMTS, WCDMA
• etc
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Types of Convergence in ICT cont.
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Types of Convergence in ICT cont.
• Communication convergence
– The integration of voice, data and video networks
systems and signalling infrastructure in a single
unified networking system using:
• IP as common transport platform
• SIP as common signalling protocol
• IP Multimedia Subsystem (IMS) – an emerging
architecture of converged fixed and mobile networks.
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Types of Convergence in ICT cont.
• Communication convergence involves the
combination of:
– Electronic media
– Telecommunication media
– Broadcast media
To provide distinct services via one platform
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Types of Convergence in ICT cont.
• Service convergence
– The integration of applications and multiple
services bundled as a single option.
• Voice, video and data services (Multimedia
Communications) – VoIP, Unified messaging, video
conferencing
• Convergence of mobile and fixed services
– The integration of Short Message Service (SMS)
with Multimedia Messaging (MMS) and Mobile
Instant Messaging (MIM) is a form of service
convergence
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Types of Convergence in ICT cont.
• Technological convergence
– Is the ability for different technological systems to
evolve toward performing similar tasks.
• Desktop computer
• Laptop computer
• Tablet
• Smartphone
• Smart TV
• Wearables
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Types of Convergence in ICT cont.
• Media convergence
– This concept is where both old and new media
intersect. It is not just a technological shift or
process; it also includes shifts within the
industrial, cultural and social paradigms that
encourages the consumer to seek out new
information, content and service.
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Types of Convergence in ICT cont.
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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[...]the flow of content across multiple media platforms,
the cooperation between multiple media industries and
the migratory behaviour of media audiences who will go
almost anywhere in search of the kinds of entertainment
experiences they want [...] Convergence is a word that
manages to describe technological, industrial, cultural and
social changes [...] (Henry Jenkins,2006)
... the ‘coming together’ of previously separate industries
(computing, printing, film, audio etc.) which increasingly use
the same or related technology and skilled workers. A feature
of the contemporary media environment, convergence is a
product of mergers between companies in different sectors as
well as an outcome of technological development. (Branston
and Stafford, 2010 )
Media Convergence
Types of Convergence in ICT cont.
• Impact on media organizations
– Benefits:
• reducing costs
• increasing chances for cooperating with other media
organizations (sharing resources)
• investments in technology
• multiple platforms
• increasing functionality (integration of departments)
• training multi - skilled staff
• one journalist presents one story on multiple platforms
• numerous ways of distributing content
• Easier way of collecting feedback from the audience
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Types of Convergence in ICT cont.
• Impact on media organizations
– Disadvantages:
• media owners tend to copy each other
• market becomes less competitive because of the mergers
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Types of Convergence in ICT cont.
• Impact on media work
– Benefits:
• more feedback from the audience
• Integration of content
• additional resources
• new common working space
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Types of Convergence in ICT cont.
• Impact on media work
– Disadvantages:
• job became ‘unpredictable, uncertain and constantly
changing’ (Deuze, 2005)
• new job requirements (knowing at least fundamentals of
other media)
• multitasking
• multiple deadlines
• technological challenges
• reduction of original content
• augmentation of work load
• loss of editorial indipendence
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Types of Convergence in ICT cont.
• Vertical convergence
– This consists of marketing products beyond
telephony (fixed and mobile), internet and
television.
• Eg. Ringtones, music, event tickets etc
• Horizontal convergence
– This consists of marketing products selling them
and servicing them through a mobile channel
• Eg. Music download through the mobile phone, mobile
e-mail, mobile TV, mobile news alerts etc.
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Types of Convergence in ICT cont.
• Payload convergence
– This is the convergence of networking where
different data types are carried in the same
communication format. But, the payload
convergence does not prohibit the network from
handling packets, according to their service
requirement
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Types of Convergence in ICT cont.
• Protocol convergence
– This is the movement away from multi-protocol to
single protocol (typically IP) networks.
– It provides the services necessary for multiple
types of data such as voice and video.
• Physical convergence
– This is when payloads travel over the same
physical network equipment regardless of their
service requirements.
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
34
Types of Convergence in ICT cont.
• Application convergence
– This represents the appearance of application that
integrate formerly separate functions.
• Eg. Web browsers allow the web pages to carry
multimedia content such as audio, video, high-
resolution graphics, virtual reality graphics and
interactive voices
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Convergence Scenarios
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Wisconsin International University College
Ghana
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Convergence in ICT
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Wisconsin International University College
Ghana
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Convergence in ICT
• Benefits
– Creates possibilities for companies to develop and deliver services across
technology platforms, and for users to get access to new kinds of communication
and media services
– Promotes the expansion of competition, allowing the introduction of inter-modal
competition where networks and technologies compete with each other with no
technological or regulatory restrictions;
– Reduces costs of telecommunications services;
– Fosters the development of more efficient technologies and services;
– Opens the door for new ways for people to obtain Internet/media access
• Telephony can be offered by cable TV operators, TV to telephony providers
– Provides the possibility for new competitors to enter the markets.
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Convergence in ICT
• Disadvantages
– Job insecurity
– Unexpected expenditure
– High technology turn over
– Integration increases impact of theft
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Convergence in ICT
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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YESTERDAY, TODAY and TOMORROW
The evolution is still ongoing……
The evolution
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Wisconsin International University College
Ghana
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Evolution of Telecommunication
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Wisconsin International University College
Ghana
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Convergence Evolution of
Telecommunication
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Wisconsin International University College
Ghana
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Convergence Evolution of
Telecommunication
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Wisconsin International University College
Ghana
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What it means
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Wisconsin International University College
Ghana
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What it means
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Wisconsin International University College
Ghana
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What it means
• From Analogue to Digitization
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Wisconsin International University College
Ghana
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What it means
• Unbundling of the public switched telephone network
(PSTN) to several horizontal and vertical disintegrations.
• More players;
– Network providers, content providers, content aggregators,
application providers, equipment manufacturers, equipment
suppliers etc.
• Movement of diverged service platforms to a converged
service platforms.
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Wisconsin International University College
Ghana
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Convergence So What?
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Wisconsin International University College
Ghana
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Wisconsin International University College
Ghana
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Regulation | Policy | Legal
General Pic. Of Convergence in ICT
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Wisconsin International University College
Ghana
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Regional
Development
Finance/
Banking
Disaster Management
Travel & Tourism Manufacturing
Media & Cultural
Sectors
Health/Medical Government Services Education/Training
Applications
Electronic Services
(Pay TV, VAS, Internet)
Multimedia, etc. (Public, User group, Private)
Content
Broadcast
Media
Film
Libraries
Software
etc
Interactivity
(Instant & Delayed)
Voice
Data
Sound
Graphics
Video
Telecommunication
Facilities Network
(Information Superhighway)
Computing / Information
Technology
Telecommunication
Equipment Manufacturing
Layers of Convergence
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Dimensions of Convergence in ICT
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Convergence Sectors Drivers of Convergence
•Technology
• Industry-Supply
• Market-Demand
• Policies/Regulation
•Industry Specific
•Convergent
Applications
• Finance
• Commerce
• Education
• Health
• Publishing
• Manufacturing
• etc.
Content
Telecom
Computing
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Policy & Regulation:
Catalyst for, or
Constraint upon
Growth
Public Policy Implications
• Convergence raises the following regulatory challenges
• Public Policy Issues
– Universal Service
– Licensing and Authorization
– Spectrum Management
– Numbering and Portability
– Interconnection
– Network Reliability/Network Security
– Law Enforcement
– Media Ownership
– Accessibility
– Access to Emergency Services
– Service & Content Regulation
– Consumer Protection
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Criteria for Economic Growth
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Technologies
Policies
Markets
Applications Services
Regulations
Policy Trend
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Progress with Telecom Reform
• Now 130+ Countries with Separate Telecom
Regulatory Authorities
• WTO Commitments to Liberalization
• Industry Specific Focus of Reforms
• Successes, Failures, Unanticipated Difficulties,
Continuing Delays
• Policy and Regulatory Reform is Proceeding at
a Slower Pace than Technology Development
or Market and Service Potential
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Progress with Telecom Reform
• Regulation is often the limiting factor
constraining growth
• It is not a simple matter of removing regulations
or eliminating regulators. It is enhancing their
competence and credibility.
• Sound regulatory foundations are needed to
attract investment, foster applications of new
technologies and development of new services.
• The speed of regulatory reforms needs to
increase and be directed to providing a
foundation for network-based e- Economies.
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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ICT infrastructure Investment 1990s
• Mobile - licenses - operating; spectrum
- network development
• Privatising telecom incumbents
- licenses – operating; IPO
- network development obligations
• Competitive network operators
- fibre transmission
- city / business LANs
• Software, services and content (e.g., Internet)
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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ICT Infrastructure: Investment
Deficiencies
• Local - basic services access
- broadband access
• Universal access - voice
- broadband
• Internet - local services and content
• Applications - e-economy; e-society
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Wisconsin International University College
Ghana
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Policy, Regulation and Network Inv.
• Licensing - paying for the privilege
• Annual Fees and charges
• Restrictions on investment opportunities
• Price and/or profit regulation
• Policy & regulatory risk
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Unresolved Network Market Issues
• Public Resource Infrastructures for Telecom Networks -
Rights of Way, Spectrum, Numbers, Names
• Interconnection
• Termination Number Monopolies
• Access Limitations in the Face of Positive Externalities
• Leverage Opportunities for Monopoly Nodes in the
Network
• Achieving Faster Infrastructure Network Development
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
63
Elements of Policy and Regulatory Risk
in ICT Infrastructure Development
• Credibility – regulatory independence from
political intervention on substantive issues
• Credibility – Regulatory independence from
incumbent monopoly power
• Transparent processes
• Accountability for performance
• Competence and skills
• Commitment to implement policy objectives
• Evident fairness
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Shift Policy/Regulatory Priorities to
Stimulate Investment
• From supply of network facilities to stimulation of
demand to justify investment
• From physical capital to human capital
- awareness, skill, capabilities
- applications by individuals & organisations
• Diverse sources of private and public investment
- operators, service providers,
- intermediaries (e.g., Telecentres), user
applications
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Wisconsin International University College
Ghana
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Regulatory Relations Affecting Sector
Investment
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Wisconsin International University College
Ghana
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Demand/
Need
Regulation
Policy
End Users
Services
Facilities
Supply Telecom/ICT
Sector
Intermediaries
Public Resources Applications
Demand/
Need
Regulation
Policy
End Users
Services
Facilities
Supply Telecom/ICT
Sector
IntermediariesIntermediaries
Public Resources Applications
Rapid Change
• Role of the Market
• Digital Divide
• Role of Government
*Promote Participation & Competition
*Direct Regulation
*Public Sector Applications
*Public Investment - eg., Broadband
*Public/Private Partnerships
• At What Level Should Gov’t Intervene?
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Toward Universal Access
• Voice - prepaid mobile
• Internet, e-economy, e-society
- fixed & wireless network extensions
- new operators – energy, transport
- radio and TV distribution networks
- retail service suppliers, ISPs, VANS
- greater role for intermediaries
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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Building Capacity for ICT Convergence
• Requires Investment in Human Capital
– Policy analysis & regulation
– Strategic analysis & management
– Innovation, experimentation & flexibility
– Demand-led diffusion of core skills
– Network linkages
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Wisconsin International University College
Ghana
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Proactive Policy & Regulation for
Implementing Convergence
• Create a favourable investment environment
for physical & human capital
• Minimize barriers to participation
• Facilitate demand as well as supply
• Apply skills and strategic management to
achieve the spirit of the policy objectives
• Can only be done if regulatory structure is
transparent and credible
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Wisconsin International University College
Ghana
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Implications
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Wisconsin International University College
Ghana
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need for new regulatory policies
The need for Consumer Protection
• Protection of consumers against;
– Pricing issues,
– Fraudulent or bankrupt operators,
– Disclosure of personal information.
• Challenge
– How can customers verify if they are receiving the right services, getting what they have paid for
– What happens to your credit/units, devices (e.g. handset and number) when service provider declares bankrupt?
– Is portability a better solution
• How do you provide protection to consumers in an area where neither the services or
technology are regulated?
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Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
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ICT Regulation
• Regulation is an administrative legislation that constrains rights and allocates responsibilities, intended
to shape conduct that is usually a byproduct of imperfection.
• It is not the same in law, as parliamentary legislation and judicial decisions
• Regulation can take many forms:
– Legal restrictions promulgated by a government authority,
– Contractual obligations that bind many parties (e.g. insurance regulations),
– Self-regulation by an industry such as through a trade association, social regulation (e.g. norms),
– Co-regulation, third-party regulation, certification, accreditation or market regulation.
• A regulation may be used to;
– Prescribe or proscribe conduct ("command-and-control" regulation),
– Calibrate incentives ("incentive" regulation), or
– To change preferences ("preferences shaping" regulation")
(Levi-Faur, 2010)
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Wisconsin International University College
Ghana
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telecoms
A good of public /
national interest
Where the demand for a good or service is
considered a common
necessity for the public at large, and the supply
conditions are such that the public may
not be provided with reasonable service at
reasonable prices, the government may
regulate to ensure that the service is available to
all
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Wisconsin International University College
Ghana
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What is usually regulated
water
transport
electricity
***The general need to regulate varies from country to country
What can be regulated?
• controls on market entries
• prices
• wages
• Development approvals
• Pollution effects, employment for certain people in certain
industries
• Standards of production for certain goods
• The military forces and services
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Wisconsin International University College
Ghana
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Why Regulate?
It is an attempt to:
• Produce outcomes which might not otherwise occur, (e.g.
Facilitate competition)
• Produce or prevent outcomes in different places to what
might otherwise occur, ( constructive or destructive outcomes)
• Produce or prevent outcomes in different timescales than
would otherwise occur (market failures)
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Wisconsin International University College
Ghana
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ICT / Telecoms Regulations
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Wisconsin International University College
Ghana
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ICT / Telecoms Regulations
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Wisconsin International University College
Ghana
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What must be regulated?
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Wisconsin International University College
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What must be regulated?
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Wisconsin International University College
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Market-based reforms in three ways
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Wisconsin International University College
Ghana
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Process’ steps
Privatization
Privatization
and liberalization
Liberalization
Implications
• Government sells all or part
of its shares (either private
or public IPO)
• Provision of incentives to
investors
• ___________________________________________
• Combination of both
approaches to increase
efficiency of incumbent and
to introduce competition
• ___________________________________________
• Allowance of competitors
into the market
• Incumbent remains owned
by government but are
submitted to competition
ICT
sector’s
reform
Incumbents
New
players
Source: McKinsey
Some critical issues of ICT regulation
• Government aggressively tries to use a reform to get huge
revenue – shares’ and licenses’ overcharges
• Example: 3G Licenses
• In Germany 6 licenses were sold for a total of 50 billion Euro (2001)
• The total worldwide market volume for mobile networks of 50 to 55
billion Euro in 2002 and 2003.
• The license fee in Germany - 558 Euro/inhabitant (Auctions)
• At Norway only 10 Euro per/inhabitant (Contest)
• Such a low investment on the other hand will make an operator
profitable in a short time.
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Wisconsin International University College
Ghana
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Types of Telecom Regulation
• Public ownership
– A part of the public administration
– Public owned corporation
• Legislation
– Licensing
– Rights and obligations
– Competition laws
• Market incentives
– Taxes and subsidies
– Tradable permits
• Self Regulation
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Wisconsin International University College
Ghana
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Main Objective of Telecom Regulation
• Social/Political interest:
– Availability of service and continuity.
– The service should be made available to everyone on
reasonable terms, sometimes whether or not it is
profitable to do so.
• Economic interest
– Prevention of monopolistic behaviour to avoid failure,
– Promotion of competition through incentive regulations,
– Use of scarce resources in an efficient way.
– The services should satisfy the full range of consumer
demand and be supplied under conditions of optimal
efficiency
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Wisconsin International University College
Ghana
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Network Neutrality
• Network neutrality is the principle that
– Internet users should be in control of what content they view and what applications
they use on the Internet. It is about equal access to the Internet.
– Broadband carriers should not be permitted to use their market power to discriminate
against competing applications or content.
• Need for clear definitions for Technology, Service, and Network neutrality
guidelines.
– Technology Neutrality is basically the principle that rules should not discriminate in favor
of any technology.
– Service neutrality is that rules should not discriminate in favor of any particular service.
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Wisconsin International University College
Ghana
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Network Neutrality
• The notion of Net Neutrality arose because of concerns that broadband access providers may discriminate against certain services,
applications or content (and/or the companies that provide them), particularly where those services may compete against the “carriers”
own services.
• Such issues may occur if service providers (i.e. broadband access) have an incentive to engage in discriminatory behavior, particularly if;
– Competition is not sufficient to prevent discriminatory practices or
– Content and application providers do not have sufficient size to negotiate with the access providers.
• Opponents of net neutrality regulations often argue that such provisions are a “solution in search of a problem;” that there is no evidence
of widespread abuse.
• They also argue that the market will naturally constrain bad behavior, that access providers ability to manage traffic is critical to running a
network efficiently and that net neutrality provisions may actually reduce access providers’ ability to offer innovative packages and
services.
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Wisconsin International University College
Ghana
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Regulator
• Management of scarce resources (spectrum, numbering, right of way)
• Responds to the challenges made possible by new technologies that will
raise the need for a new regulation, e.g. privacy concerns IPR etc.
• Manages the evolving markets made possible by convergence
• Develops guidelines
– For dealing with disruptive technologies,
– On how to protect public interest,
– For resolving impediments in existing regulations.
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Wisconsin International University College
Ghana
87
Types of Regulators
• Single sector regulator (Oversee only one sector, e.g. telecoms)
• Converged sector regulator (Oversee several inter-relating sectors
e.g., Telecoms, broadcast, electronic payment)
• Multi sector regulator (Oversee sectors with common economic
and legal characteristics e.g., telecoms, water, energy,
transportation. Under one umbrella)
• A competition authority (no regulator as such but apply
competition and anti trust rules)
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Wisconsin International University College
Ghana
88
Regulatory Organization Structure
• The collegial body:
– A board or commission composed of multiple members.
– Here individuals are with different expertise, more independent, but development of
regulation may be slower due to internal wrangling
• The single regulator:
– Often led by a chairperson or president.
– Single regulator has benefit of consistent approach to regulation and decision making.
– They can act quickly but can be influenced by external actors. he/she may not be able to
match the expertise of the collegial body
27/02/2015
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Wisconsin International University College
Ghana
89
Characteristics of a Good Regulator
• Accountability
• Transparency
• Predictability
Example of services to regulate
• Local services
• Domestic long distance service
• International long distance services
• Mobile
• Internet services
• Leased lines
27/02/2015
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Wisconsin International University College
Ghana
90
Best practice for setting up a regulator
• Regulators must be independent to be seen as transparent and
accountable.
• Regulators should have the expertise to assess and make sound
judgements on both technical and industry specific issues.
• Regulators must take into account various view points and interests,
including economic, social and political objectives. there should be checks
and balances.
• The institutional design, internal structure and administration must be
sufficiently flexible to allow the regulator to respond to market realities.
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
91
Government’s Responsibility
Must grant the regulator structural, financial and functionality independence
• Structural:
– Free from political and industry capture to ensure transparency and objectivity.
• Financial:
– Funding should be free from private and political interests.
– The regulator should manage its funds and also have multiple ways of sourcing for funds
• Functional: The regulator should be independent in;
• Making and enforcing rules,
• Dispute resolution powers, clear rule involving appointment,
• Removal and mandate of regulatory authority,
• Incentives to promote professional expertise of staff,
• Adequate provisions to address ethical and conflict-of-interest-concerns.
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
92
Impact of ICT & Media Convergence
on Regulatory Frameworks
• As convergence takes a firm hold in the communications industry, the process raises
specific regulatory challenges given the merging of firms, and facilities.
• Adapting regulatory frameworks to convergence is not an easy task.
• Traditional frameworks were designed for an era when clear functional differences existed
between services and infrastructure and were not designed for the this new environment of
converged networks and services where functional differences no longer exist.
• Governments cannot and should not favor one technology, one network, or one service
over another, nor should any operator restrict the use of any technology, network or
service.
• Countries around the global have taken vastly different approaches to convergences
starting with how they regulate Internet communications.
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
93
Regulatory Framework Checklist
• Regulators need to ask certain questions to make sure their frameworks are up-to-date.
• Does the regulatory framework facilitate the provision of different services over different
platforms?
• Does the regulatory framework support full competition?
• Does the regulatory framework allow service providers to offer multiple services?
• What are the regulatory policies for these new technologies and services with regard to
numbering, spectrum, universal service, emergency services and interconnection?
• Does the country’s legal framework contain the necessary legislation to support an ICT
environment (e.g., intellectual property laws, computer crime, electronic transactions,
data privacy and security)?
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
94
Elements of an effective regulatory
framework
• Implement a well-defined and consistent regulatory framework for
telecommunications, broadcasting, and ICT.
• Regulatory framework must give regulator the authority and means
to effectively define and apply regulations in a market.
– These characteristics are important, especially in markets where
incumbent operators have extensive political and financial power.
– Framework must provide for regulatory flexibility to adapt to the
unanticipated needs and use of new technologies and services
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
95
International Frameworks
• Countries have made global and regional commitments to open the telecommunication market
to foreign investment
• They also make commitments to harmonize legislation with those of other countries in similar
geographic or economic situations (e.g. Budapest Convention on Cybercrime)
– The advantage of this is the development of global or regional regulatory best practices.
– It can also grant the telecoms investor a level of certainty and predictability of the
regulatory regime in the country he or she wants to be a part of.
27/02/2015
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Wisconsin International University College
Ghana
96
World Dialogue on Regulation for
Network Economies
Mission:
• to facilitate an international dialogue that
generates and disseminates new knowledge
• on frontier issues in regulation and
governance
• to support the development of network
economies
27/02/2015
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Wisconsin International University College
Ghana
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World Dialogue on Regulation for
Network Economies
Activities:
• Research on priority policy/regulation issues
• Dialogue – www.regulateonline.org
- e-brief
• Expert Forum Meetings
• Reports
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
98
World Dialogue on Regulation for
Network Economies
Reports
• The Next Step in Telecom Reform:
ICT Convergence Regulation or Multi sector
Utility Regulation ? (2003)
• Stimulating Investment in Network
Development: Roles for Regulators (2005)
• Diversifying Participation in Network
Development (2006)
27/02/2015
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Wisconsin International University College
Ghana
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World Dialogue on Regulation for
Network Economies
• Institutional Partners
– infoDev, World Bank
– IDRC Canada
– LIRNE.NET
– Research Partner University Centres around the
world
27/02/2015
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Wisconsin International University College
Ghana
100
Summary
• Technology is always faster than regulation – Convergence is already here and there will be
further developments…
• Regulations are necessary to adapt new innovations and challenges (e.g., VOIP, social media,
mobile money, etc).
• Frameworks adopted must support competition and there are necessary checks to in place to
ensure accountability and transparency
• Tariffs, interconnectivity, scarce resources, transparency, Quality of service, Universal Access
and Services are some of the areas regulated in telecommunications
• Telecommunication is regulated to promote its social and economic benefits to citizens of a
country
• A regulator must be independent to function properly
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
101
Some References
• John Hagel III, John Seely Brown, and Lang Davison, October 2008. The world is in constant disruption – new technologies create new
platforms “Shaping Strategy in a World of Constant Disruption,” Harvard Business Review,.
• Jeffrey R. Immelt, Vijay Govindarajan, and Chris Trimble, The big emerging markets provide good chance for disruptive technologies
“How GE Is Disrupting Itself?” Harvard Busness Review, October 2009.
• Branston, G. and Stafford, R. 2010. The Media Student’s Book. 5thedition. Oxon: Routledge.
• Castells, M (2010) The Rise of the Network Society, Oxford: Wiley-Blackwell p xvii
• Deuze, M. 2005. Cultural Convergence in the Creative Industries: Understanding the Changing Nature of Media Work. Conference
Papers – International Communication Association, 2006 Annual Meeting, pp.1-28.
• Giddens (2006) Sociology, 5th Edn, Cambridge: Polity Press – Chapter 2 Globalisation and the Changing World – pp 31 – 71
• Jenkins, H. 2006. Convergence Culture: Where Old and New Media Collide. New York: New York University Press.
• 1. Levi-Faur, David, Regulation and Regulatory Governance, Jerusalem Papers in Regulation and Governance, No.1, 20101
• Ritzer, G (1008) ‘Introduction’ in Baudrillard, J (1998) The Consumer Society: Myths and Structures, London: Sage, p ix
• Slattery, M (2003) ‘Risk Society – Ulrich Beck’, in Key Ideas in Sociology, Nelson Thornes pp 255 – 260
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
102
27/02/2015
Post Graduate Diploma in ICT Law
Wisconsin International University College
Ghana
103
Thank you

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Ict convergence dr nana k annan

  • 1. Faculty of Computing and Information Technology Post Graduate Certificate in Information Technology Law (PGdip-CITL) Dr. Nana K. Annan Email: nk.annan@wiuc-ghana.edu.gh Tel: +233 244424578 / 268752196 Convergence in ICT
  • 2. Course Title Information and Communication Technology (ICT) Convergence 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 2
  • 3. Objective • To discuss the evolution of ICT • To discuss global trend of ICT convergence • To discuss the socio-political economy of ICT convergence • Techno-economy of ICT convergence • Pros and Cons 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 3
  • 4. Convergence 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 4
  • 5. Convergence • Bringing together technology, market or legal/regulation to integrate across diverse technologies. • International common place of transaction • Combination of different and separate technology, service, business, market, culture etc. • Ability to integrate many systems into one system… 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 5
  • 6. Convergence 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 6
  • 7. Convergence • The consensus toward one common understanding. This can be found in many areas of life. – Business – Technology – Ideas – Culture – Government – Policy – Belief – Media – etc 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 7
  • 8. What is ICT convergence? • The ability of different computing devices, services, or networks to provide different services over a common platform. • Bringing industries in the information and communication technology sector together, which hitherto were viewed as separate and distinct in commercial and technological sense. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 8
  • 9. What is ICT convergence? cont. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 9
  • 10. What is ICT convergence? cont. • The interlinking of computer and information technologies, media content, and communication networks with various activities, products and services in the digital media space. • The possibility of various networks platforms to provide practically the same set of services. • The unification of user’s devices, such as telephone, PC, TV and audio player into a single terminal. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 10
  • 11. What is ICT convergence? cont. • Putting together Telecommunications, Computing and Broadcasting into information and Communications Technologies (ICT) – Telecom: the convergence of voice & data, fixed & mobile networks/services, public & corporative networks and number portability etc. – ICT: using a single technology to transmit voice, data and video. A single carrier/provider for voice, data and video. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 11
  • 12. What is ICT convergence? cont. • Integration of two or more technologies. Digital television, computers and telephony to provide the same service or content. • Combining and presenting different media (multimedia) into a single delivery system. – The internet is a typical example. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 12
  • 13. What is ICT convergence? cont. • What is IT? Refers to hardware and software used to store, retrieve, and process data • What is CT? Refers to electronic systems used for communication between individuals or groups • What is ICT? 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 13
  • 14. What is ICT convergence? cont. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 14
  • 15. What is ICT convergence? cont. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 15
  • 16. What is ICT convergence? cont. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 16
  • 17. Types of Convergence in ICT cont. • Terminal / Device Convergence – The ability for different forms and categories of devices from different manufacturers to connect together with an architecture that support different networking paradigms in a single system to share content, provide information or services etc. – Single device to be able to handle voice, data and video. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 17
  • 18. Types of Convergence in ICT cont. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 18
  • 19. Types of Convergence in ICT cont. • Convergence of Devices gives service providers the room to work with devices with different technologies to offer new and cost-effective services. – Online TV – Web on TV – Live event streaming over the internet on the Web – IP phones that uses Ethernet connections – PC to PC phone calls – Mobile Banking and Mobile money – Etc. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 19
  • 20. Types of Convergence in ICT cont. • Access Convergence – Using different access technologies such as DSL, cable modems, PON/AON, wireless technologies to provide multiservice access. • Copper cable (twisted pair) • Coax cable • Fibre optic cable • UMTS, WCDMA • etc 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 20
  • 21. Types of Convergence in ICT cont. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 21
  • 22. Types of Convergence in ICT cont. • Communication convergence – The integration of voice, data and video networks systems and signalling infrastructure in a single unified networking system using: • IP as common transport platform • SIP as common signalling protocol • IP Multimedia Subsystem (IMS) – an emerging architecture of converged fixed and mobile networks. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 22
  • 23. Types of Convergence in ICT cont. • Communication convergence involves the combination of: – Electronic media – Telecommunication media – Broadcast media To provide distinct services via one platform 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 23
  • 24. Types of Convergence in ICT cont. • Service convergence – The integration of applications and multiple services bundled as a single option. • Voice, video and data services (Multimedia Communications) – VoIP, Unified messaging, video conferencing • Convergence of mobile and fixed services – The integration of Short Message Service (SMS) with Multimedia Messaging (MMS) and Mobile Instant Messaging (MIM) is a form of service convergence 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 24
  • 25. Types of Convergence in ICT cont. • Technological convergence – Is the ability for different technological systems to evolve toward performing similar tasks. • Desktop computer • Laptop computer • Tablet • Smartphone • Smart TV • Wearables 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 25
  • 26. Types of Convergence in ICT cont. • Media convergence – This concept is where both old and new media intersect. It is not just a technological shift or process; it also includes shifts within the industrial, cultural and social paradigms that encourages the consumer to seek out new information, content and service. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 26
  • 27. Types of Convergence in ICT cont. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 27 [...]the flow of content across multiple media platforms, the cooperation between multiple media industries and the migratory behaviour of media audiences who will go almost anywhere in search of the kinds of entertainment experiences they want [...] Convergence is a word that manages to describe technological, industrial, cultural and social changes [...] (Henry Jenkins,2006) ... the ‘coming together’ of previously separate industries (computing, printing, film, audio etc.) which increasingly use the same or related technology and skilled workers. A feature of the contemporary media environment, convergence is a product of mergers between companies in different sectors as well as an outcome of technological development. (Branston and Stafford, 2010 ) Media Convergence
  • 28. Types of Convergence in ICT cont. • Impact on media organizations – Benefits: • reducing costs • increasing chances for cooperating with other media organizations (sharing resources) • investments in technology • multiple platforms • increasing functionality (integration of departments) • training multi - skilled staff • one journalist presents one story on multiple platforms • numerous ways of distributing content • Easier way of collecting feedback from the audience 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 28
  • 29. Types of Convergence in ICT cont. • Impact on media organizations – Disadvantages: • media owners tend to copy each other • market becomes less competitive because of the mergers 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 29
  • 30. Types of Convergence in ICT cont. • Impact on media work – Benefits: • more feedback from the audience • Integration of content • additional resources • new common working space 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 30
  • 31. Types of Convergence in ICT cont. • Impact on media work – Disadvantages: • job became ‘unpredictable, uncertain and constantly changing’ (Deuze, 2005) • new job requirements (knowing at least fundamentals of other media) • multitasking • multiple deadlines • technological challenges • reduction of original content • augmentation of work load • loss of editorial indipendence 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 31
  • 32. Types of Convergence in ICT cont. • Vertical convergence – This consists of marketing products beyond telephony (fixed and mobile), internet and television. • Eg. Ringtones, music, event tickets etc • Horizontal convergence – This consists of marketing products selling them and servicing them through a mobile channel • Eg. Music download through the mobile phone, mobile e-mail, mobile TV, mobile news alerts etc. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 32
  • 33. Types of Convergence in ICT cont. • Payload convergence – This is the convergence of networking where different data types are carried in the same communication format. But, the payload convergence does not prohibit the network from handling packets, according to their service requirement 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 33
  • 34. Types of Convergence in ICT cont. • Protocol convergence – This is the movement away from multi-protocol to single protocol (typically IP) networks. – It provides the services necessary for multiple types of data such as voice and video. • Physical convergence – This is when payloads travel over the same physical network equipment regardless of their service requirements. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 34
  • 35. Types of Convergence in ICT cont. • Application convergence – This represents the appearance of application that integrate formerly separate functions. • Eg. Web browsers allow the web pages to carry multimedia content such as audio, video, high- resolution graphics, virtual reality graphics and interactive voices 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 35
  • 36. Convergence Scenarios 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 36
  • 37. Convergence in ICT 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 37
  • 38. Convergence in ICT • Benefits – Creates possibilities for companies to develop and deliver services across technology platforms, and for users to get access to new kinds of communication and media services – Promotes the expansion of competition, allowing the introduction of inter-modal competition where networks and technologies compete with each other with no technological or regulatory restrictions; – Reduces costs of telecommunications services; – Fosters the development of more efficient technologies and services; – Opens the door for new ways for people to obtain Internet/media access • Telephony can be offered by cable TV operators, TV to telephony providers – Provides the possibility for new competitors to enter the markets. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 38
  • 39. Convergence in ICT • Disadvantages – Job insecurity – Unexpected expenditure – High technology turn over – Integration increases impact of theft 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 39
  • 40. Convergence in ICT 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 40 YESTERDAY, TODAY and TOMORROW The evolution is still ongoing……
  • 41. The evolution 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 41
  • 42. Evolution of Telecommunication 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 42
  • 43. Convergence Evolution of Telecommunication 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 43
  • 44. Convergence Evolution of Telecommunication 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 44
  • 45. What it means 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 45
  • 46. What it means 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 46
  • 47. What it means • From Analogue to Digitization 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 47
  • 48. What it means • Unbundling of the public switched telephone network (PSTN) to several horizontal and vertical disintegrations. • More players; – Network providers, content providers, content aggregators, application providers, equipment manufacturers, equipment suppliers etc. • Movement of diverged service platforms to a converged service platforms. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 48
  • 49. Convergence So What? 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 49
  • 50. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 50 Regulation | Policy | Legal
  • 51. General Pic. Of Convergence in ICT 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 51 Regional Development Finance/ Banking Disaster Management Travel & Tourism Manufacturing Media & Cultural Sectors Health/Medical Government Services Education/Training Applications Electronic Services (Pay TV, VAS, Internet) Multimedia, etc. (Public, User group, Private) Content Broadcast Media Film Libraries Software etc Interactivity (Instant & Delayed) Voice Data Sound Graphics Video Telecommunication Facilities Network (Information Superhighway) Computing / Information Technology Telecommunication Equipment Manufacturing
  • 52. Layers of Convergence 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 52
  • 53. Dimensions of Convergence in ICT 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 53 Convergence Sectors Drivers of Convergence •Technology • Industry-Supply • Market-Demand • Policies/Regulation •Industry Specific •Convergent Applications • Finance • Commerce • Education • Health • Publishing • Manufacturing • etc. Content Telecom Computing
  • 54. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 54 Policy & Regulation: Catalyst for, or Constraint upon Growth
  • 55. Public Policy Implications • Convergence raises the following regulatory challenges • Public Policy Issues – Universal Service – Licensing and Authorization – Spectrum Management – Numbering and Portability – Interconnection – Network Reliability/Network Security – Law Enforcement – Media Ownership – Accessibility – Access to Emergency Services – Service & Content Regulation – Consumer Protection 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 55
  • 56. Criteria for Economic Growth 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 56 Technologies Policies Markets Applications Services Regulations
  • 57. Policy Trend 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 57
  • 58. Progress with Telecom Reform • Now 130+ Countries with Separate Telecom Regulatory Authorities • WTO Commitments to Liberalization • Industry Specific Focus of Reforms • Successes, Failures, Unanticipated Difficulties, Continuing Delays • Policy and Regulatory Reform is Proceeding at a Slower Pace than Technology Development or Market and Service Potential 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 58
  • 59. Progress with Telecom Reform • Regulation is often the limiting factor constraining growth • It is not a simple matter of removing regulations or eliminating regulators. It is enhancing their competence and credibility. • Sound regulatory foundations are needed to attract investment, foster applications of new technologies and development of new services. • The speed of regulatory reforms needs to increase and be directed to providing a foundation for network-based e- Economies. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 59
  • 60. ICT infrastructure Investment 1990s • Mobile - licenses - operating; spectrum - network development • Privatising telecom incumbents - licenses – operating; IPO - network development obligations • Competitive network operators - fibre transmission - city / business LANs • Software, services and content (e.g., Internet) 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 60
  • 61. ICT Infrastructure: Investment Deficiencies • Local - basic services access - broadband access • Universal access - voice - broadband • Internet - local services and content • Applications - e-economy; e-society 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 61
  • 62. Policy, Regulation and Network Inv. • Licensing - paying for the privilege • Annual Fees and charges • Restrictions on investment opportunities • Price and/or profit regulation • Policy & regulatory risk 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 62
  • 63. Unresolved Network Market Issues • Public Resource Infrastructures for Telecom Networks - Rights of Way, Spectrum, Numbers, Names • Interconnection • Termination Number Monopolies • Access Limitations in the Face of Positive Externalities • Leverage Opportunities for Monopoly Nodes in the Network • Achieving Faster Infrastructure Network Development 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 63
  • 64. Elements of Policy and Regulatory Risk in ICT Infrastructure Development • Credibility – regulatory independence from political intervention on substantive issues • Credibility – Regulatory independence from incumbent monopoly power • Transparent processes • Accountability for performance • Competence and skills • Commitment to implement policy objectives • Evident fairness 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 64
  • 65. Shift Policy/Regulatory Priorities to Stimulate Investment • From supply of network facilities to stimulation of demand to justify investment • From physical capital to human capital - awareness, skill, capabilities - applications by individuals & organisations • Diverse sources of private and public investment - operators, service providers, - intermediaries (e.g., Telecentres), user applications 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 65
  • 66. Regulatory Relations Affecting Sector Investment 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 66 Demand/ Need Regulation Policy End Users Services Facilities Supply Telecom/ICT Sector Intermediaries Public Resources Applications Demand/ Need Regulation Policy End Users Services Facilities Supply Telecom/ICT Sector IntermediariesIntermediaries Public Resources Applications
  • 67. Rapid Change • Role of the Market • Digital Divide • Role of Government *Promote Participation & Competition *Direct Regulation *Public Sector Applications *Public Investment - eg., Broadband *Public/Private Partnerships • At What Level Should Gov’t Intervene? 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 67
  • 68. Toward Universal Access • Voice - prepaid mobile • Internet, e-economy, e-society - fixed & wireless network extensions - new operators – energy, transport - radio and TV distribution networks - retail service suppliers, ISPs, VANS - greater role for intermediaries 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 68
  • 69. Building Capacity for ICT Convergence • Requires Investment in Human Capital – Policy analysis & regulation – Strategic analysis & management – Innovation, experimentation & flexibility – Demand-led diffusion of core skills – Network linkages 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 69
  • 70. Proactive Policy & Regulation for Implementing Convergence • Create a favourable investment environment for physical & human capital • Minimize barriers to participation • Facilitate demand as well as supply • Apply skills and strategic management to achieve the spirit of the policy objectives • Can only be done if regulatory structure is transparent and credible 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 70
  • 71. Implications 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 71 need for new regulatory policies
  • 72. The need for Consumer Protection • Protection of consumers against; – Pricing issues, – Fraudulent or bankrupt operators, – Disclosure of personal information. • Challenge – How can customers verify if they are receiving the right services, getting what they have paid for – What happens to your credit/units, devices (e.g. handset and number) when service provider declares bankrupt? – Is portability a better solution • How do you provide protection to consumers in an area where neither the services or technology are regulated? 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 72
  • 73. ICT Regulation • Regulation is an administrative legislation that constrains rights and allocates responsibilities, intended to shape conduct that is usually a byproduct of imperfection. • It is not the same in law, as parliamentary legislation and judicial decisions • Regulation can take many forms: – Legal restrictions promulgated by a government authority, – Contractual obligations that bind many parties (e.g. insurance regulations), – Self-regulation by an industry such as through a trade association, social regulation (e.g. norms), – Co-regulation, third-party regulation, certification, accreditation or market regulation. • A regulation may be used to; – Prescribe or proscribe conduct ("command-and-control" regulation), – Calibrate incentives ("incentive" regulation), or – To change preferences ("preferences shaping" regulation") (Levi-Faur, 2010) 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 73
  • 74. telecoms A good of public / national interest Where the demand for a good or service is considered a common necessity for the public at large, and the supply conditions are such that the public may not be provided with reasonable service at reasonable prices, the government may regulate to ensure that the service is available to all 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 74 What is usually regulated water transport electricity ***The general need to regulate varies from country to country
  • 75. What can be regulated? • controls on market entries • prices • wages • Development approvals • Pollution effects, employment for certain people in certain industries • Standards of production for certain goods • The military forces and services 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 75
  • 76. Why Regulate? It is an attempt to: • Produce outcomes which might not otherwise occur, (e.g. Facilitate competition) • Produce or prevent outcomes in different places to what might otherwise occur, ( constructive or destructive outcomes) • Produce or prevent outcomes in different timescales than would otherwise occur (market failures) 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 76
  • 77. ICT / Telecoms Regulations 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 77
  • 78. ICT / Telecoms Regulations 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 78
  • 79. What must be regulated? 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 79
  • 80. What must be regulated? 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 80
  • 81. Market-based reforms in three ways 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 8181 Process’ steps Privatization Privatization and liberalization Liberalization Implications • Government sells all or part of its shares (either private or public IPO) • Provision of incentives to investors • ___________________________________________ • Combination of both approaches to increase efficiency of incumbent and to introduce competition • ___________________________________________ • Allowance of competitors into the market • Incumbent remains owned by government but are submitted to competition ICT sector’s reform Incumbents New players Source: McKinsey
  • 82. Some critical issues of ICT regulation • Government aggressively tries to use a reform to get huge revenue – shares’ and licenses’ overcharges • Example: 3G Licenses • In Germany 6 licenses were sold for a total of 50 billion Euro (2001) • The total worldwide market volume for mobile networks of 50 to 55 billion Euro in 2002 and 2003. • The license fee in Germany - 558 Euro/inhabitant (Auctions) • At Norway only 10 Euro per/inhabitant (Contest) • Such a low investment on the other hand will make an operator profitable in a short time. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 82
  • 83. Types of Telecom Regulation • Public ownership – A part of the public administration – Public owned corporation • Legislation – Licensing – Rights and obligations – Competition laws • Market incentives – Taxes and subsidies – Tradable permits • Self Regulation 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 83
  • 84. Main Objective of Telecom Regulation • Social/Political interest: – Availability of service and continuity. – The service should be made available to everyone on reasonable terms, sometimes whether or not it is profitable to do so. • Economic interest – Prevention of monopolistic behaviour to avoid failure, – Promotion of competition through incentive regulations, – Use of scarce resources in an efficient way. – The services should satisfy the full range of consumer demand and be supplied under conditions of optimal efficiency 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 84
  • 85. Network Neutrality • Network neutrality is the principle that – Internet users should be in control of what content they view and what applications they use on the Internet. It is about equal access to the Internet. – Broadband carriers should not be permitted to use their market power to discriminate against competing applications or content. • Need for clear definitions for Technology, Service, and Network neutrality guidelines. – Technology Neutrality is basically the principle that rules should not discriminate in favor of any technology. – Service neutrality is that rules should not discriminate in favor of any particular service. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 85
  • 86. Network Neutrality • The notion of Net Neutrality arose because of concerns that broadband access providers may discriminate against certain services, applications or content (and/or the companies that provide them), particularly where those services may compete against the “carriers” own services. • Such issues may occur if service providers (i.e. broadband access) have an incentive to engage in discriminatory behavior, particularly if; – Competition is not sufficient to prevent discriminatory practices or – Content and application providers do not have sufficient size to negotiate with the access providers. • Opponents of net neutrality regulations often argue that such provisions are a “solution in search of a problem;” that there is no evidence of widespread abuse. • They also argue that the market will naturally constrain bad behavior, that access providers ability to manage traffic is critical to running a network efficiently and that net neutrality provisions may actually reduce access providers’ ability to offer innovative packages and services. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 86
  • 87. Regulator • Management of scarce resources (spectrum, numbering, right of way) • Responds to the challenges made possible by new technologies that will raise the need for a new regulation, e.g. privacy concerns IPR etc. • Manages the evolving markets made possible by convergence • Develops guidelines – For dealing with disruptive technologies, – On how to protect public interest, – For resolving impediments in existing regulations. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 87
  • 88. Types of Regulators • Single sector regulator (Oversee only one sector, e.g. telecoms) • Converged sector regulator (Oversee several inter-relating sectors e.g., Telecoms, broadcast, electronic payment) • Multi sector regulator (Oversee sectors with common economic and legal characteristics e.g., telecoms, water, energy, transportation. Under one umbrella) • A competition authority (no regulator as such but apply competition and anti trust rules) 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 88
  • 89. Regulatory Organization Structure • The collegial body: – A board or commission composed of multiple members. – Here individuals are with different expertise, more independent, but development of regulation may be slower due to internal wrangling • The single regulator: – Often led by a chairperson or president. – Single regulator has benefit of consistent approach to regulation and decision making. – They can act quickly but can be influenced by external actors. he/she may not be able to match the expertise of the collegial body 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 89
  • 90. Characteristics of a Good Regulator • Accountability • Transparency • Predictability Example of services to regulate • Local services • Domestic long distance service • International long distance services • Mobile • Internet services • Leased lines 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 90
  • 91. Best practice for setting up a regulator • Regulators must be independent to be seen as transparent and accountable. • Regulators should have the expertise to assess and make sound judgements on both technical and industry specific issues. • Regulators must take into account various view points and interests, including economic, social and political objectives. there should be checks and balances. • The institutional design, internal structure and administration must be sufficiently flexible to allow the regulator to respond to market realities. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 91
  • 92. Government’s Responsibility Must grant the regulator structural, financial and functionality independence • Structural: – Free from political and industry capture to ensure transparency and objectivity. • Financial: – Funding should be free from private and political interests. – The regulator should manage its funds and also have multiple ways of sourcing for funds • Functional: The regulator should be independent in; • Making and enforcing rules, • Dispute resolution powers, clear rule involving appointment, • Removal and mandate of regulatory authority, • Incentives to promote professional expertise of staff, • Adequate provisions to address ethical and conflict-of-interest-concerns. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 92
  • 93. Impact of ICT & Media Convergence on Regulatory Frameworks • As convergence takes a firm hold in the communications industry, the process raises specific regulatory challenges given the merging of firms, and facilities. • Adapting regulatory frameworks to convergence is not an easy task. • Traditional frameworks were designed for an era when clear functional differences existed between services and infrastructure and were not designed for the this new environment of converged networks and services where functional differences no longer exist. • Governments cannot and should not favor one technology, one network, or one service over another, nor should any operator restrict the use of any technology, network or service. • Countries around the global have taken vastly different approaches to convergences starting with how they regulate Internet communications. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 93
  • 94. Regulatory Framework Checklist • Regulators need to ask certain questions to make sure their frameworks are up-to-date. • Does the regulatory framework facilitate the provision of different services over different platforms? • Does the regulatory framework support full competition? • Does the regulatory framework allow service providers to offer multiple services? • What are the regulatory policies for these new technologies and services with regard to numbering, spectrum, universal service, emergency services and interconnection? • Does the country’s legal framework contain the necessary legislation to support an ICT environment (e.g., intellectual property laws, computer crime, electronic transactions, data privacy and security)? 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 94
  • 95. Elements of an effective regulatory framework • Implement a well-defined and consistent regulatory framework for telecommunications, broadcasting, and ICT. • Regulatory framework must give regulator the authority and means to effectively define and apply regulations in a market. – These characteristics are important, especially in markets where incumbent operators have extensive political and financial power. – Framework must provide for regulatory flexibility to adapt to the unanticipated needs and use of new technologies and services 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 95
  • 96. International Frameworks • Countries have made global and regional commitments to open the telecommunication market to foreign investment • They also make commitments to harmonize legislation with those of other countries in similar geographic or economic situations (e.g. Budapest Convention on Cybercrime) – The advantage of this is the development of global or regional regulatory best practices. – It can also grant the telecoms investor a level of certainty and predictability of the regulatory regime in the country he or she wants to be a part of. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 96
  • 97. World Dialogue on Regulation for Network Economies Mission: • to facilitate an international dialogue that generates and disseminates new knowledge • on frontier issues in regulation and governance • to support the development of network economies 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 97
  • 98. World Dialogue on Regulation for Network Economies Activities: • Research on priority policy/regulation issues • Dialogue – www.regulateonline.org - e-brief • Expert Forum Meetings • Reports 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 98
  • 99. World Dialogue on Regulation for Network Economies Reports • The Next Step in Telecom Reform: ICT Convergence Regulation or Multi sector Utility Regulation ? (2003) • Stimulating Investment in Network Development: Roles for Regulators (2005) • Diversifying Participation in Network Development (2006) 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 99
  • 100. World Dialogue on Regulation for Network Economies • Institutional Partners – infoDev, World Bank – IDRC Canada – LIRNE.NET – Research Partner University Centres around the world 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 100
  • 101. Summary • Technology is always faster than regulation – Convergence is already here and there will be further developments… • Regulations are necessary to adapt new innovations and challenges (e.g., VOIP, social media, mobile money, etc). • Frameworks adopted must support competition and there are necessary checks to in place to ensure accountability and transparency • Tariffs, interconnectivity, scarce resources, transparency, Quality of service, Universal Access and Services are some of the areas regulated in telecommunications • Telecommunication is regulated to promote its social and economic benefits to citizens of a country • A regulator must be independent to function properly 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 101
  • 102. Some References • John Hagel III, John Seely Brown, and Lang Davison, October 2008. The world is in constant disruption – new technologies create new platforms “Shaping Strategy in a World of Constant Disruption,” Harvard Business Review,. • Jeffrey R. Immelt, Vijay Govindarajan, and Chris Trimble, The big emerging markets provide good chance for disruptive technologies “How GE Is Disrupting Itself?” Harvard Busness Review, October 2009. • Branston, G. and Stafford, R. 2010. The Media Student’s Book. 5thedition. Oxon: Routledge. • Castells, M (2010) The Rise of the Network Society, Oxford: Wiley-Blackwell p xvii • Deuze, M. 2005. Cultural Convergence in the Creative Industries: Understanding the Changing Nature of Media Work. Conference Papers – International Communication Association, 2006 Annual Meeting, pp.1-28. • Giddens (2006) Sociology, 5th Edn, Cambridge: Polity Press – Chapter 2 Globalisation and the Changing World – pp 31 – 71 • Jenkins, H. 2006. Convergence Culture: Where Old and New Media Collide. New York: New York University Press. • 1. Levi-Faur, David, Regulation and Regulatory Governance, Jerusalem Papers in Regulation and Governance, No.1, 20101 • Ritzer, G (1008) ‘Introduction’ in Baudrillard, J (1998) The Consumer Society: Myths and Structures, London: Sage, p ix • Slattery, M (2003) ‘Risk Society – Ulrich Beck’, in Key Ideas in Sociology, Nelson Thornes pp 255 – 260 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 102
  • 103. 27/02/2015 Post Graduate Diploma in ICT Law Wisconsin International University College Ghana 103 Thank you