STATEMENT ON VALIDATION OF INFORMATION & COMMUNICATIONS BILL 2008

By

Alagi B. Gaye

Director General

The Gambia Public Utilities Regulatory

Authority (PURA)

29th September 2008

•  Honourable SOS DOSCIIT

•  Honourable SOS Fisheries, Water Resources and National Assembly Matters

•  Honourable SOS Trade, Industry and Employment

•  Honourable Attorney General & Secretary for Justice

•  Permanent SecretariesExecutive Vice Chairman and CEO of the Nigerian Communications Commission (NCC) - Engineer Ernest Ndukwe

•  Legal Consultant & Key Resource Person for the Information and Communication Bill, Mrs. Sofie Maddens

•  Chief Executives of Telecommunications Service Providers

•  Chairman and Commissioners, PURA Board of Commissioners

•  Distinguished Guests, Ladies and Gentlemen

Good morning

Today marks a monumental milestone in the evolution of Communications Policy and Regulation in the Gambia as we gather her to validate the Information and Communications Bill that will hopefully soon become law, given the hard work committed to date.

It is a piece of legislation that has been absent from the Communications and Information sector, much needed and important so as to ensure that The Gambia is abreast with international best practice in the communications sector.

This leads me most appropriately, at this juncture to acknowledge the determination of the Honourable SOS for Communications, Information and Information Technology and her staff, who have worked with PURA and an ITU consultant Mrs. Sofie Maddens to bring this important bill to this point.

Furthermore, DOSCIIT has worked with PURA in ensuring that the Bill truly reflects the two institutions complementary responsibilities as policymaker and regulator respectively.

Distinguished Ladies and Gentlemen, allow me to delve into the significance of an Information and Communications Law to the regulatory effectiveness of PURA in the Communications sector. PURA was established in 2004 by the PURA Act to regulate public utilities and enterprises in the Electricity, Telecommunications, Broadcasting, Water and Transportation Sectors. A regulatory framework study, which preceded the establishment of the Institution, recommended that PURA as a multi-sector regulatory authority should focus on the three sectors of electricity, water and telecommunications in its initial phase of evolution.

The PURA act as an umbrella legislation, which gives PURA its regulatory mandate for the mentioned sectors, need to be complemented by sector specific legislation to allow the Authority effectively address sector issues, while clearly distinguishing the roles of the policy maker, the regulator and operators in the various markets. This allows for consistency, predictability and certainty in policy making and implementation, sending appropriate signals to existing service providers and potential investors in the regulated markets.

The enactment of the Electricity Act in 2005 ensured that the processes and procedures for the regulation of the electricity sector were clearly defined, which facilitated the licensing of an Independent Power Producer, Global Electric Group and a distribution company in Batokunku among other regulatory interventions and developments in that sector.

Despite the absence of a sector specific legislation in the Communications sector, PURA has through regulations derived from the PURA Act, been carrying out its regulatory responsibilities to deal with issues such as interconnection and tariffs. However, the process of passing regulations as stipulated in the PURA Act is time consuming, especially for a sector as dynamic as the communications market. We believe that the enactment of the Information and Communications Bill will enhance our effectiveness in the Communications sector.

The bill we are validating today has been deployed on the basis of international best practice policy and regulatory frameworks. It encapsulates technological convergence, which also underpins the ECOWAS Supplementary Acts to which Gambia is a signatory. The goal of the Supplementary Acts of ECOWAS is to harmonise the Communications legal frameworks of ECOWAS member countries within the larger framework of regional framework. Thus The Gambia, with the enactment of the Bill will be adhering to the requirements of an important commitment.

Ladies and Gentlemen, at PURA, our guiding principles are Professionalism and Partnership, which we believe should always underpin our work, given the cross-cutting nature of the markets we regulate. In that regard, we are pleased by the extent to which the spirit of cooperation has been a hallmark of the consultations we have had with DOSCIIT to date in the drafting of a modern Communications Legal Framework.

In the overall interest of ensuring Accessible, Available and Affordable utility services, PURA will continue to work with all stakeholders in a manner whereby we cement our understanding of our various roles, inter-relationships and constraints to maximize opportunities for the benefit of the Gambian consumer.