ICT Regulation in the Digital Economy

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Committed to Connecting the World ICT Regulation in the Digital Economy Janet Hernandez President, TMG 10 th Global Symposium for Regulators Enabling Tomorrow s Digital World Dakar, Senegal, 10 November 2010 The views expressed in this presentation are those of the author and do not necessarily reflect the opinions of the ITU or its Membership.

ICT Trends and Development 76.2 30.1 13.6 17.3 8.0 2

ICT Trends: Impacts on Regulators What does all this mean for Regulators? ICT sector is highly dynamic and rapidly changing, it is difficult to accurately predict or control how the market will develop A deepening path of convergence within the ICT sector, as well as with other sectors of the economy, that promises benefits for citizens, but also poses new regulatory challenges Must find ways to increase competition, encourage innovation and investment and protect consumers An increasing reliance on competition laws in ICT markets, with certain areas requiring forward-looking regulation to prevent or promote certain outcomes Increasing broadband deployment and use has become a key focus to achieving these objectives 3

Broadband: Promises and Challenges While broadband use is increasing, a large divide in broadband adoption remains Where wireline infrastructure is not widespread, particularly in developing countries, mobile broadband Is expected to play a crucial role in bridging the digital divide Reasons for non-adoption of broadband services Lack of access Costs Digital literacy Perceived relevance Fixed and Mobile Broadband Penetration 2010 50 45 40 35 Fixed Mobile 30 25 20 15 10 5 0 Source: ITU World Telecommunication/ICT Indicators Database 4

ICTs are Causing Regulatory Approaches to Shift As part of the effort to harness dynamic markets, many regulators have begun to transition from ex ante towards an ex post regulatory environment To encourage technical innovation, competition and market development, policy makers have increasingly implemented ex post rules, while imposing targeted ex ante rules to account for market failures, particularly regarding access to broadband infrastructure Ex post regulation requires competition laws that are effective, enforced and suited to the country s needs 5

ICTs interact with every other sector of the economy Environment Transportation Law Enforcement Energy Smart Grid ICTs Education Financial Services Health 6

Continued and New ICT Regulatory Challenges Cost Privacy E-Waste Cyber Security Access Digital Piracy 7

Cooperation among Regulatory Authorities in Different Sectors Due to the influence of ICT technology and service convergence on all other sectors, ICT regulators are in a special position to ensure that the benefits of ICTs reach throughout the economy ICT regulators should consider ways to increase cooperation with regulators and policymakers from other sectors 8

Cooperation among Regulatory Authorities in Different Sectors Environmental Agencies Smart grids Reduction of e- waste Health Agencies M-health Telemedicine Education Agencies Broadband connectivity 1 laptop, 1 child Finance/ Banking Agencies M-banking E-money Law Enforcement Agencies Digital piracy Lawful interception Cooperation of ICT regulators with regulatory authorities across sectors 9

Thank you! Janet Hernandez President Telecommunications Management Group, Inc. 1600 Wilson Boulevard, Suite 710 Arlington, VA 22209 USA Tel: + 1.703.224.1501 Fax: + 1.703 224.1511 www.tmgtelecom.com ENSURING TELECOMMUNICATIONS SUCCESS AROUND THE WORLD