Introduction
The procedure of reconstituting the telecommunication sector genuinely got under manner in Cameroon in June 1995. when the governments decided exhaustively to reform web industry sectors such as H2O. electricity and telecommunications with a position to making a favorable environment in which to develop their substructure and services and therefore to fulfill progressively clamant demand. The procedure took the signifier of liberalisation. State backdown from the sectors concerned and the constitution of a market construction enabling Cameroon to stay in measure with the particularly rapid planetary developments in the telecommunication sector ; so. in malice of the investings made. the coverage rate and quality of service offered had remained mostly unequal. The procedure was carried out non merely by specifying the conditions and mechanisms apt to vouch the sector’s opening to private enterprise. but besides by ordaining ordinances and taking steps intended to enable the sector to play the decisive function officeholder on it in Cameroon’s economic development.
Telecommunication sector reform in Cameroon is non limited to the constitution of new ordinances and statute law. to the alteration of the institutional model and the constitution of an interconnectedness government or to the debut of competition. It should besides consist conveying behavior in line with the times. One of our head concerns is hence besides effectual application of the ordinances with a position to carry throughing the cosmopolitan service duty. guaranting consumer protection and supplying for effectual and appropriate ordinance of true competition. The acquisition of the needed know-how is the biggest challenge we face. The institutional participants on Cameroon’s telecommunications scene are. as in many other African states. of the sentiment that any society that delays in leaping on the NTIC train will stay involved in a province of underdevelopment.
Observations Background
Earlier 1990. as in most African states. telecommunication services were managed by a national publicly-owned monopoly. The disposal in charge of telecommunications set the regulations. ensured they were applied and was itself an operator. The consequences did non ever live up to outlooks. In June 1990. the President of the Republic signed the order on the programme to privatise public and semi-public endeavors. The telecommunication sector was added to the programme in June 1995. In July 1998. jurisprudence 98/014 regulating telecommunications in Cameroon ( the Telecommunications Act ) was promulgated.
It established the Telecommunication Regulatory Agency and attributed sector duties to a assortment of participants: the operation of telecommunication webs to operators. regulative affairs. i. e. application of the regulations and supervising of operators. to a regulative organic structure. the definition of sector policy and the passage of market ordinances to the telecommunication disposal. In September of the same twelvemonth. two public endeavors. CAMTEL for the fixed telephone service and CAMTEL MOBILE for the nomadic telephone service. were set up to take over the telecommunication activities of the Ministry of Post and Telecommunications and of the public endeavor INTELCAM. which was in charge of operating and developing international telecommunication installings.
The Telecommunication Regulatory Agency was set up at the same clip. Immediately after. the sale of a nomadic telephone license and the procedure of privatising CAMTEL and CAMTEL MOBILE got under manner. In June 1999. a nomadic telephone license was granted to a private endeavor. The denationalization of CAMTEL MOBILE was completed in February 2000. The denationalization of CAMTEL is non yet complete. A 3rd nomadic telephone license is to be issued. In less than two old ages. the sector has undergone sweeping alteration. Suffice it to advert one index: in January 2000 there was one Mobile telephone operator with about 5 000 endorsers ; on 31 March 2001 there were two operators with over 140 000 endorsers. This rapid and in-depth transmutation is taking topographic point within a invariably bettering legal model.
Two
A broad legal model
The development of new engineerings and liberalisation have permitted entree to new telecommunication services which. depending on their specific natures. necessitate appropriate ordinance. The Telecommunications Act sets forth a new regulative model. opening the telecommunication sector to competition. The model. which distinguishes between public and private webs. provides for three legal agreements: grants. mandates and declarations.
1
Concessions
The State can allow one or several public or private corporate organic structures all or portion of its rights to set up and/or operate telecommunication webs. The grant is capable to strict conformity with the demands set Forth in a list of footings and conditions. This agreement allows the State non merely to maintain a alert oculus on the harmonious development of modern telecommunication substructure. but besides and above all to rise its control over the development and supply of the basic services and installations us ually demanded by the bulk of users.
2
Mandates
The agreement of anterior mandate applies to the constitution and/or operation of telecommunication webs by physical individuals or corporate organic structures with a position to supplying the public with a basic telecommunication service. a value-added service. a carrier service or any other service by utilizing one or several wireless frequences. A list of footings and conditions incorporating the demands to be met is attached to the license issued to the carrier of a anterior mandate. The mandate is issued for a fixed period and can be withdrawn under certain fortunes.
3
Declarations
Declarations apply to the constitution of private internal webs. low-range and low-capacity private independent webs ( that are non radio webs ) . low-range and low-capacity wireless installings ( to be determined by the Administration ) . and the proviso to the populace of telecommunication services other than those capable to the agreements of grant and mandate. Telecommunication terminal equipment is either freely provided or capable to type-approval.
Certain commissariats of the Telecommunications Act are detailed in edicts and implementing statute law. We shall non analyze all of them here ; so. some of them are still being drafted. The reform in Cameroon established the separation between the regulative and operating maps. It works in favor of operators being entities controlled by private capital. The general model for competition is governed by statute law on competition. The legal model is supplemented by establishments.
III 1
A revised institutional model The telecommunication disposal
Spectrum direction and the statute law and ordinances associating to telecommunications are the sole sphere of the State. The telecommunication disposal has been invested. on behalf of the authorities. with general legal power over the sector. It sets the general regulative model. It hence establishes and implements telecommunication sector policy. whose purpose must be to safeguard the missions of public service. to advance harmonious web development throughout the national district and effectual private sector engagement in the sector’s wealth and employment-generating activities. and to guarantee conformity by all operators with the applicable pacts. Torahs and ordinances.
In add-on. the disposal supervises the telecommunication sector. oversees public telecommunication endeavors. represents the State at international telecommunication-related organisations and events. and manages the wireless spectrum on behalf of the State. The Telecommunication Regulatory Agency. which technically answers to the telecommunication disposal. is the specialised organic structure in charge of easing existent application of the ordinances issued.
2
The Telecommunication Regulatory Agency
The organisation of the Telecommunication Regulatory Agency established by the Telecommunications Act is set Forth in decree No. 98/197 of 8 September 1998. The Agency has three chief responsibilities: – to guarantee the ordinances are implemented ; – to vouch regard for the ordinances and the exercising of competition ; – to settle certain differences between operators. The Agency’s regulative authorization is capable to public presentation of the undermentioned activities: – definition of the rules regulating duties for services ; – scrutiny of petitions for mandate and declaration and of type-approval files for terminal equipment to be connected to public webs ; – constitution of rules for ciphering interconnectedness costs ; – constitution and direction of totaling programs ; – direction of the frequences attributed to telecommunications ; – entry to the authorities of proposals aimed at developing and overhauling the sector ; – sentiments on bill of exchange legislative and regulative texts refering telecommunications ;
–
control and punishments for misdemeanors.
The Agency is specifically competent to settle differences refering interconnectedness. entree to a public web. enumeration. instances of harmful intervention. and sharing of substructure. The Telecommunications Act provides the Agency with a quasi-judicial organic structure and an arbitration process can be set in gesture should one or the other of the parties be opposed. The parties remain free to convey their instance before the competent tribunal.
Four
Human resources
Human resources are the key to direction and advancement. for they have knowledge. that rarest of economic trade goods in the twenty-first century. The current passage from a monopoly environment to that of controlled competition has given rise to new demands in footings of basic cognition and know- how in telecommunication ordinance. Telecommunication leaders and staff in Cameroon were still covering with the passage from parallel to digital when circuit shift was all of a sudden replaced by package shift. This recent alteration has reshaped the construct and definition of telecommunication webs and services. Everything must hence be done to do certain the human resources get the accomplishments they need for their ain development and that of companies. which create wealth for the wellbeing of peoples.
The Ecole Nationale Superieure des Postes et Telecommunications. an independent installation run by the Ministry of Post and Telecommunications. provides basic direction in telecommunications and ICT to technicians ( proficient and runing staff ) . oversing technicians ( runing technicians and supervisors ) and senior proficient directors ( works applied scientists and runing inspectors ) . It plans to form standing professional enfranchisement for the staff of public and private endeavors and of the public disposals in charge of telecommunications and ICT.
Volt
International cooperation
Cameroon has ever been present and active in regional and international telecommunication organisations. It is a member of the Administrative Councils of both the African Telecommunication Union ( ATU ) and the International Telecommunication Union ( ITU ) . It has had really few bilateral exchanges of experience and information with other African states. The ineffectualness of regional ( ATU ) and subregional organisations ( CAPTAC ) has precluded the launch at subregional degree of cooperation activities aimed at developing telecommunications in Cameroon. At the international degree. ITU has non been closely involved in telecommunication sector reform.
In the past eight old ages. it has provided some proficient aid but otherwise about no support for telecommunication development undertakings in Cameroon. perchance because the Area Office in Yaounde is non working. The capacities of the Area Office in Yaounde should be reinforced. Its chief responsibilities should be: – To circulate ITU paperss and information in the country. For this. it should hold the agencies required to supply the certification Centres of the chief participants in each of the area’s states with the paperss and books needed to get cognition in telecommunications and ICT. for most of the sector’s African directors will hold to learn themselves. In this regard. difficult as opposed to electronic transcripts remain priceless in Africa.
