 Pacific Telecom Regulators
Introduction
Liberalisation of the information-communication industry has
led to all of the Forum Island Countries, except for Nauru and Samoa undergoing the
separation of the regulatory function from the service provider. However, except for Papua
New Guinea and Vanuatu, all the Forum Island Countries who had undergone the separation of
regulatory function from the service provider, still had their policy and regulatory
functions located within a Government Ministry/Department. Only Papua New Guinea of the
region has established a truly separate regulator. Vanuatu has established a semi-separate
regulator, which does not issue licences, a power exercised by the Minister on the
recommendation of the Vanuatu Telecommunications Authority. The table below shows the
pattern of the regulatory structure in the Pacific as of May 1999.
Current Regulators and Service Providers in
the Pacific
| |
|
|
| Country/Service |
Regulator/s |
Service Provider/s |
| COOK IS |
|
|
| International, Domestic & Internet |
Ministry |
Telecom Cook Islands Ltd |
| Internet |
|
1. Telecom Cook Islands Ltd (JV) 2. Gateway
Polynesia Ltd (P) |
| FEDERATED STATES OF
MICRONESIA |
|
|
| International, Domestic and Internet |
Ministry |
FSM Telecom Corporation |
| FIJI |
|
|
| International |
Ministry |
Fintel |
| Domestic and Internet |
Ministry |
Telecom Fiji Limited Vodafone Fiji Limited |
| KIRIBATI |
|
|
| International, Domestic and Internet |
Ministry |
Telecom Services Kiribati Limited |
| MARSHALL ISLANDS |
|
|
| International, Domestic and Internet |
Ministry |
Marshall Islands Telecoms Authority |
| NAURU |
|
|
| International, Domestic and Internet |
Ministry |
Ministry |
| NIUE |
|
|
| International Domestic and Internet |
Ministry |
Telecom Niue |
| PALAU |
|
|
| International, Domestic and Internet |
Ministry |
Palau National Communications |
| PAPUA NEW GUINEA |
|
|
| International and Domestic |
PANGTEL |
Telikom PNG Ltd |
| Internet |
PANGTEL |
Five Internet Service Providers |
| SAMOA |
|
|
| International and Domestic |
Ministry |
Ministry Telecom Samoa Cellular Ltd |
| Internet |
Ministry |
Samoanet Lesamoanet |
| SOLOMON ISLANDS |
|
|
| International, Domestic and Internet |
Ministry |
Solomon Telekom Company Ltd |
| TONGA |
|
|
| International and Internet |
Ministry |
Cable and Wireless |
| Domestic |
Ministry |
Tonga Telecoms Commission |
| TUVALU |
|
|
| International, Domestic and Internet |
Ministry |
Tuvalu Telecommunications Corporation |
| VANUATU |
|
|
| International, Domestic and Internet |
Ministry Vanuatu Telecommunications
Authority |
Telecom Vanuatu Ltd |
Part 1: Countries without
Separate Regulator and Ministry
1. Nauru
All telecommunications in Nauru are provided under the
Wireless Telegraphy Act 1974, a concise Act, which gives the Republic the exclusive
privilege of establishing, erecting and maintaining wireless telegraphy in Nauru. The
Government is the regulator and the provider of all telecommunications services for Nauru
pursuant to the statute.
2. Samoa
The Post Office Act 1972 provides for the establishment of
a Postal service, Telegraph service, Savings Bank and Telephone Service. The Post and
Telecommunications Department regulates and operates telecommunication services in Samoa
under the Act which authorises the Minister to establish and operate domestic and
international telephone communications for Samoa. Other powers are also given to the
Minister to facilitate the provision of telephone services by the Department.
Telephone charges within Samoa are prescribed from time to time
by the Head of State on the advice of Cabinet. Telephone toll charges in respect of
telephone messages for destinations outside Samoa are from time to time fixed by the
Minister. The Post and Telecommunications (Internet) Act 1997 made provisions for the
acquisition by Government of the Internet operation of a Ministry, Pacific Internet
Services, and further empowered the Post Office to do all things necessary to provide
internet services in Samoa.
Part 2: Countries with Separate
Regulator and Ministry
1.Cook Islands
Cook Islands Telecommunications is governed
under the Telecommunications Act 1989 amended by the Telecommunications Act 1992. The Act
is specifically tailored for Telecom Cook Islands Limited as the sole provider of
Telecommunications services. It protects the company by prohibiting any other person from
operating a telecommunications network in the Cook Islands. The company is given powers
under the Act to facilitate the establishment and maintenance of its services. The Act
also includes accountability provisions declaring the principal objective of the company
to be a successful business. The Company is however required to file an annual statement
of intent with the Ministry and deliver to the Minister annual reports and audited
accounts. The Act also provides for the regulation of radiocommunications including the
licensing of radio operators. It also covers the provision and regulation of postal
services.
2. Fiji
Telecommunications in Fiji is covered under the Posts and
Telecommunications Decree 1989 and abolishes Government’s exclusive privilege to
establish, maintain and operate telecommunications in Fiji. The Minister is authorised to
issue licences and in doing so must have regard to promoting the interests of users of
telecommunication services, and to maintain and promote effective competition and
efficiency amongst operators. It is an offence for any person to operate a
telecommunications system without a licence issued under the Decree. A licence granted may
authorise connections to other telecommunication systems and the provision by means of any
telecommunications system services specified in the licence.
A licence may also include any conditions which the Minister
considers necessary to fulfil his duties under the Decree, conditions on licence payments
and conditions requiring a licensed operator to furnish to the Minister such documents,
accounts, estimates, returns or other information as he may require for the purpose of
exercising the functions assigned to him under the Decree.
A Telecommunications Code contained in a schedule to the
Act is adopted which is applied to licensed operators. Provisions are made for the
modifications of conditions of licences, register of licences and orders to be kept,
approval and register of approved apparatus, enforcement of licence conditions, approval
and register of approved contractors, delegation of functions, power to make test
purchases compulsory purchase of land by carriers and power to enter land for exploratory
purposes.
The Minister is further authorised to keep under review
operations both within and outside Fiji of activities connected with telecommunications
and to collect information with respect to commercial activities connected with
telecommunications. The Minister may also arrange for publication of information and
advice, investigates complaints, give assistance in certain proceedings, requiring
information and establish advisory councils. The Minister of Finance may on the request of
the Minister make grants or loans to promote rural telecommunications. The Act also
prescribes offences and penalties relating to the operation and use of telecommunications
service.
Provisions are also made for the transfer of the undertakings
of the Department of Posts and Telecommunications to a company nominated by the Minister
and prescribing the initial government holding in the company. Matters of conversion of
loans vested in the company, government investment in securities of the company, exercise
of the Minister’s functions through nominees, temporary restrictions on
company’s borrowing powers, liability of Minister in respect of liabilities vesting
in the company and application of law in relation to offer of shares or debentures of the
company are also provided for. The Decree also regulates Postal services and licensing of
radiocommunications.
In December 1998, a Commerce Commission was established with
wide ranging powers to monitor, determine and ensure that markets including the
telecommunication services are open and competitive.
3. Federated States of Micronesia
The operator of telecommunications services in the Federated
States of Micronesia is the Federated States of Micronesia Telecommunications Corporation.
Regulation of telecommunications is the responsibility of the Ministry.
4. Kiribati
Regulation of the telecommunications industry in Kiribati is
the responsibility of the Ministry of Telecommunications under the Telecommunications Act
1983. The Act was amended in 1996 to allow the delegation of powers by the Permanent
Secretary of the Sector Ministry, who is the designated Telecommunications Authority.
Operations of telecommunications is undertaken by Kiribati Telecommunications Services
Limited, which sometimes performs the duties of the regulator.
5. Marshall Islands
The Communications Act 1987 established the National
Telecommunication Authority of the Marshall Islands as a statutory corporation with a five
member Board of Directors comprising the President of the Republic, two Ministry officials
and two members of the private sector. The Act also gives to the corporation wide powers
to enable it to carry out its functions as the provider of telecommunications. The
corporation was privatised in 1990 with the Government holding a significant share of the
new entity.
6. Niue
The Communications Act 1989 gives Cabinet power to issue public
communications service licences authorising the operation of a service the "primary
purpose of which is the transmission of sound or visual images, or both, for direct
reception by the general public." Issuing of Private communications service licences
is to be done by the Director. The Act establishes a Programme Advisory Committee,
appointed by Cabinet, to advise licensees on their services. Licensees are not allowed to
advertise unless authorised in writing by Cabinet and must comply with guidelines issued
by the Programme Advisory Committee.
7. Palau
An Act in 1982 of the Palauan Congress established the Palau
National Communications Corporation. The body is a public corporation that is wholly owned
by the Palauan national government which has some regulatory oversight of the industry.
8. Solomon Islands
The Telecommunications Act 1972 is a regulation specifically
governing the provision of telecommunications in the Solomon Islands and declares the
Comptroller of Posts and Telecommunications the telecommunication authority responsible
for licensing of telecommunications providers. It also gives Government the exclusive
privilege of establishing, maintaining and working telecommunications in the Solomon
Islands. The telecommunications authority is required by Act to publish a
telecommunications guide to include relevant regulations made, adoption of international
regulations and other conditions relating to licenses issued by the authority. Holders of
telecommunications licences are required to maintain standards of taste and decency,
quality, and accurate and impartial news having regard to the public interest.
9. Tonga
The Tonga Telecommunications Commission Act 1984 established
the Tonga Telecommunications Commission a corporate body with a seven member Board that
includes the Prime Minister or Deputy Prime Minister as chairman, the Minister of Finance
and the Chief Secretary and Secretary to Cabinet. It is the duty of the Commission to
operate, maintain and develop domestic telecommunications system in an efficient and
profitable manner in the best interests of the public. The Commission acquired all assets
and assumed the liabilities of the Telegraph and Telephone Department on 1 July 1984, made
liable for taxation as a statutory body and imposed an obligation to pay 50% of profits as
dividend to the Government of Tonga. The Prime Minister, who has the exclusive privilege
to establish, erect, maintain and use radiocommunications stations in Tonga may issue
licences to install or work any apparatus for radiocommunications stations under the
Radiocommunication Act 1930.
10. Tuvalu
The Tuvalu Telecommunications Ordinance 1979 established the
telecommunications authority, being a person appointed by the Minister, to issue licences
to install or use radiocommunication apparatus. The Ordinance is silent on the provision
of telecommunications but the authority has been authorised to establish
telecommunications lines and posts on any property and do all such things necessary for
the proper operation of a telecommunications system established or maintained by
Government. The provisions of the International Telecommunication Convention was also made
applicable to all licensees under the Ordinance. The Tuvalu telecommunications services
was corporatised by the Telecommunications Corporation Act 1993.
Part 3: Countries with
Separate Regulator and Ministry
1.Papua New Guinea
The Papua New Guinea Telecommunications Regulator and licensing
authority for telecommunications carriers and operators (PANGTEL) was established under
the Telecommunications Act 1996. The Regulator has been given wide powers and functions
for the purpose of regulating telecommunications and radiocommunications in Papua New
Guinea. PANGTEL is to establish performance and technical standards and approve guidelines
for carriers and monitor their compliance with the conditions of their licences. The
responsibilities of the Regulator to the Ministry include the implementation of government
policy notified by the Minister for Communications, advise and report to the Minister in
the formulation of national policies and reporting to the Minister on charges paid by
consumers. Procedures for ensuring the safety and quality of services and reviewing and
responding to customer complaints are to be established by the regulator.
Other powers given to the regulator include the conducting of
technical tests and evaluations of equipment, determine a code of practice for dealing
with international operators, act as the appointed representative of the State on
international forums, monitor access to agreements and assisting in the resolution of
disputes, monitor the use of services used on ships and aircraft, control the importation
of telecommunications apparatus, regulate types of equipment which may be interconnected
to the network, consult with commercial, industrial and consumer organisations, develop
and monitoring a numbering plan for PNG, grant licences, declare service area for cable
distribution, to manage the Radio Spectrum Act control and regulate generally and
administer rural development obligations.
2. Vanuatu
The Telecommunications Act 1989 of Vanuatu established the
Telecommunications Authority, a body corporate, consisting of members appointed by the
Prime Minister on recommendation of the Council of Ministers. The members are to come from
the Ministries of Finance and Telecommunications and three others appearing to the Prime
Minister to qualify for membership of the authority. The Chairman of the authority to be
appointed by the Prime Minister is also the chief executive officer and members of
Parliament are disqualified from membership of the Authority. The general objects of the
authority are to perform its functions in the best interests of Vanuatu and particularly
to ensure the provision and development of reliable and efficient national and
international telecommunications services. The authority is to ensure that operators are
technically, financially and managerially capable of carrying out services specified in
their licences. The authority is furthermore required to protect consumers and purchasers
in respect of prices, quality, variety of services and telecommunications apparatus
supplied, promote effective competition amongst operators, ensure that operators are
effective in providing services which they are licensed to provide, attract foreign users,
manage the radio frequency spectrum and promote research and development in
telecommunications.
For the purpose of carrying out its object the authority is
authorised to ensure that telecommunications services is operated in a manner best suited
to the economic and social development of the country, advise the Minister in the granting
of licences to operators, advise the government on telecommunications maters, have regard
to public interest, comply with policy directives, take regulatory measures to ensure
compliance, enforce operator compliance with international standards imposed, assist
Ministry in negotiations with international bodies and operators, represent government at
international meetings, lay down charges and tariff rates, approve interconnection
charges, require operators to use accounting systems that would facilitate work of
authority, require operators to submit plans and comply with such plans, establish
technical standards and procedures, approve apparatus which may be used in systems,
establish standards for the education and training of manpower, establish advisory bodies,
promote research and development and ensure the conservation and proper utilisation of the
radio frequency spectrum.
Licences to operate telecommunications systems in Vanuatu
however are issued by the Minister on the authority being satisfied that an applicant is
capable of providing the services applied for. The authority may also recommend to the
Minister the issue of a licence. Licences issued are to specify the period of the licence,
fees payable by licensees and may include conditions relating to the operation of the
licence which is required to be published in a manner determined by the authority.
Provisions are made for revoking licences, exceptions, control of import of
telecommunications apparatus, acquisitions of interests in land, power of authority to
require information and to inspect, authority to inquire into complaints, declaring the
authority as the sole authority to manage the radio frequency spectrum. Operators are
required to submit to the authority a copy of its audited accounts and the authority is to
report annually to the Minister who shall cause such report to be laid before Parliament.
The authority is also responsible for the control of radiocommunications services.
The Act also makes provisions for the vesting of the property
rights, assets and liabilities of the Department of Telecommunications in a company which
is the operator licensed to provide Public National Telecommunication Service and the
employees of the Department on takeover by the company. Provisions are also made to assist
an operator regarding acquisition of interest in land on behalf of an operator, power of
the operator to place and maintain telecommunication lines and posts, resistance to
exercise of lawful powers of the operator, removal or alteration of lines or posts and
planting of trees likely to injure telecommunication line. A power to intercept
communications passing over the telecommunications system is given to the Prime Minister,
after consulting the Attorney General where the security of Vanuatu is threatened.
Part 4: Regulatory Arrangement in
Other Forum Island Countries
As part of the Forum, the developments in Australia and New
Zealand could provide some assistance to Forum Island Countries on how to address the
regulatory issues. Liberalisation of telecommunications in Australia and New Zealand are
most advanced compared to all the Forum Island Countries. The two countries have however
adopted different approaches in regulating the new telecommunications industry:
1. Australia
Australia has taken the regulatory option of establishing a
separate regulator, the Australian Communication Authority (ACA), which licenses operators
that provide telecommunications services. The Regulatory framework established in 1997
obliges operators to develop Industry Codes governing particular aspects of
telecommunications, Industry Standards determined by the ACA and Technical Standards
covering the technical parameters of customer equipment, such as cables and
networks. In addition operators are subject to the monitoring function of the Australian
Competition and Consumer Commission (ACCC) which regulates competition in the
telecommunications industry.
2. New
Zealand
New Zealand on the other hand does not have a separate industry
specific regulator for the regulation of the telecommunications industry. It uses instead
several legislative regime forming a regulatory framework with the Commerce Commission
established under the Fair Trading Act 1986, to regulate commerce, playing a major role in
the regulatory process with the Ministry advising the Commission on matters of policy. The
"threat" of further regulations is used by the Commission to control the
industry and regulations have been passed requiring Telecom Corporation of New Zealand
Limited to publish information on the prices, terms and conditions under which certain
prescribed services are supplied and to disclose all interconnection agreements with other
parties, including its own subsidiaries. Furthermore, Telecom Corporation is required to
publish separate financial statements for its principal operating subsidiary, Telecom New
Zealand Limited
Sources:
Kolone Vaai & Associates
Vaai Law
GETIT
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