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April 2000

ESIS II Regulatory Developments
Mediterranean Area

As in the rest of the world, the progress of the ‘information society’ (IS) has become an important challenge for the economic and social development of Mediterranean countries. For several years, public and private players have become increasing interested in enabling the development of infrastructure networks, technologies and information society applications, in order to facilitate these countries’ integration with the global economy and society.

New information and communication technologies are seen as key components of growth.

However, the current situation in the Mediterranean countries shows considerable differences in the development of information technologies and the progress of telecommunications liberalisation. Availability and quality of telecommunication infrastructures, use of application and corresponding training, regulation, political evolution, all these factors are extremely different according to the countries.

So whilst some countries (such as Israel, Cyprus and Malta) are experiencing very rapid growth of their telecommunications infrastructures or have even reached a level approaching that of the European Union countries, others (including Syria and Algeria) still have a long way to go. In any case, in most of these countries telecoms and even more so the Internet, have so far only achieved very limited penetration, making it difficult to create a general understanding of the concept of the information society.

This document is designed to give a broad perspective of telecoms and IS policies throughout Mediterranean countries, with a particular emphasis on the liberalisation process, and public and private sector policies in this area. The first section of the document concentrates on the telecommunications sector and a second section covers IS policies. It is based on the contributions of national contractors involved in the ESIS II project.

I - General telecoms policy

1. The regulatory background

1.1 The penetration of telecommunications and focus of national policies differs to a large extent from country to country

The development and spread of basic telephone services and public pay-phones, let alone data or Internet services, is still in its infancy in most of the Mediterranean countries. This situation is regarded as a major barrier to social and economic development. Despite the poor state of the services currently on offer, demand for increasingly sophisticated telecoms services is growing ever stronger in most of these countries, and is driving significant reforms.

The countries in question can be divided into several distinct groups:

The need to conform with the principle of ‘acquis communautaire’ (body of EU law) means that the following elements, in particular, will need to become part of the national law in each of these countries:

The table below gives an overview of the regulatory situation in the Mediterranean countries

Table 1: Regulatory overview of Mediterranean countries

COUNTRIES

REGULATORY OVERVIEW

ALGERIA

- Potential for private companies to build and run networks
- Deregulation of Internet service provision, under regulatory conditions set out in ministrial number 98-257 of 25 August 1998 decree

CYPRUS

- The basic law governing the sector is the Telecommunications Service Law of 1954
- Data transmission, value-added services, Internet access and terminal equipment are all open to competition
- In 1998, the council of ministers agreed to establish an independent regulatory authority
- A new telecommunications law is being prepared: Cyprus has made a public commitment to comply with EU principles by 31 December 2003

EGYPT

- Telecom Egypt being partly privatised: 10% of shares should be sold by the end of 2000, and another 10% by the end of 2001.
- Some telecommunications services are open to competition (mobile telecommunications (2 operators), pay-phones (2 concessions), pre-paid international calling card services, Internet access 60 ISPs recorded)
- Creation of the ministry of telecommunications and information in 1999 aimed at modernising the sector. Its objectives include developing intelligent services, value-added services and ISDN

ISRAEL

- Sector has been open to competition since 1 June 1999 (there are currently three mobile operators, Bezeq CDMA, Cellcom TDMA, Hutchison GSM 900, and 30 ISPs)
- Moving towards full privatisation of Bezq

JORDAN

- Telecommunications Law of 1995 is a first step towards open competition. This includes creation of the TRC, deregulation of Internet access (Jordaniant ISPs include Firstnet/ATT and Global One), deregulation of data networks for closed users groups (12 licences have been awarded to private organisations), and so on
- Partial privatisation of JTC in December 1999
- End of JTC’s monopoly on voice services is planned for 2004

LEBANON

- Recent draft law prepared by the minister of post and telecommunications proposes a complete re-organisation of the telecom sector (deregulation, privatisation)
- Preparation of a law on privatisation

MALTA

- The Telecommunications Law of 1997 separated the operation of the network(under the ministry for transport and communications) from the regulatory functions (under the ministry of economics)
- Malta is candidate to join the EU. The process of integration will involve acceptance of ’acquis communautaire’. Maltese government announced that it will soon indicate its policy regarding the application of ‘acquis communautaire’ in the telecoms sector. In the first quarter of 2000, Malta opened formal negotiations with the European Commission.

MOROCCO

- The telecommunications law of 7 August 1997 specifies the new regulatory framework, preparing the opening of the sector to competition: the former publicly-owned ONPT is to become a limited company, and the independent ANR is instituted
- Publication of ministerial decrees in 1998 defining the conditions of application of the telecommunications law of August 1997, particularly concerning the conditions of supply for a deregulated public network, interconnection regulations and so on
- Partial privatisation of Maroc Telecom potentially in 2000, Set up of a second mobile operator, Medi Telecom (Telefonica, Protugal telecom, BMCE, Afriquia) in mid 1999. ANRT is to issue three VSAT licences in 2000.

PALESTINIAN AUTHORITY

- Evolution towards a clearer regulatory framework

SYRIA

- Deregulation is currently not envisaged. Nevertheless, alternative ISPs should be allowed by the end of 2000 when the Internet national backbone is completed (although they will be obliged to use the national backbone)

TUNISIA

- Opening to competition of telecoms is being discussed, to take place from 2003 onwards (currently there are seven ISPs serving the public sector and two serving the private sector).
- Signed the WTO agreement on telecommunications in February 1997.

TURKEY

- The new telecommunications law enacted in 2000 forecasts in particular the end of Turk Telekom’s monopoly on basic services for 1 January 2006, the partial privatisation of Turk Telekom by the end of 2003 and the creation of an independent regulatory authority. Some sectors – including value-added services, Internet access (80 ISPs) and mobile (two operators) – are already highly competitive.
- Official candidate to join EU. This will necessitate a review of legislation to ensure that it is aligned with EU directives
- Signatory of WTO agreement on telecommunications

 

Telephony penetration’s indicators in the Mediterranean countries

Graph 1

Graph 2

 

1.2 National policies

The policies which have been put in place include the following major areas of activity:

1.2.1 Investment programmes

With an average of only 18 telephone lines per 100 head of population in 1999, the Mediterranean zone is lagging well behind the European Union (52% in 1998) and even the Central and Eastern European countries (20.5%).

However, it is important to note that:

The development of information technologies is seen as an important factor in promoting economic and social progress.

A number of countries have instigated investment programmes in this area, which are summarised in the following table.

Table 2: Examples of modernisation programmes

JORDAN

Enhancement of penetration of telephone services. Three pay-phone operators have been licensed. Implementation of wireless local loop.

National Telecommunications Programmes (1999-2010):

  • digitising of PSTN

  • improvement of public telecommunications network capacity, with the aim of providing more than 1,350,000 lines

  • installation of regional optical fibre transmission links to connect Jordan with its neighbouring countries of Saudi Arabia, Egypt, Syria, the Lebanon, Iraq, Palestine and Israel.

PALESTINIAN AUTHORITY

- Installation of 600,000 new lines and upgrade of the existing network. The required investment is estimated at US $550-600 million over 10 years.

SYRIA

Objective of penetration rate of 20% for telephone services by 2002.

TUNISIA

A 300 million dinar investment scheduled in 2000, to develop the telecoms infrastructure

 

1.2.2 Universal Service

The implementation of universal service is a key component of development policies. Countries seek to ensure a minimum set of services is guaranteed to the whole of the population, at an acceptable price and quality. Indeed, universal service is one of the cornerstones of the principle of market liberalisation. It consists of two key dimensions:

Free-market laws alone can not make this happen, so it is essential for the national regulators to establish specific regulatory frameworks to guarantee universal service.

Establishing true universal service is a complex task, because it must take into account a large number of parameters including: the country’s socio-economic conditions, the level of development of the network, the use of telecoms services and so on. Broadly speaking, regulatory authorities must answer three major questions which constitute the core of universal service:

How should universal service be defined?

The definition of universal service depends on the nation’s actual state of development, so it differs from country to country. It is also clear that the definition of universal service can vary over time. It evolves according to the state of deployment of networks and services, as well as citizens’ purchasing and usage behaviour.

Universal service for the whole population

Usually, universal service translates as one telephone per household. But, less developed countries may prefer the notion of ‘universal access’, which simply means having easy access to a telephone. In this instance, the difficulty lies in defining ‘easy access’. Depending on their level of development, countries may have different definitions. For example, it could be defined as an objective of one telephone per household in urban areas and one telephone per village or settlement in rural areas.

Which services should be included in the definition of universal service?

The notions of ‘telephone service’ and ‘minimum service‘ are defined under telecommunications laws. Usually, basic services such as directory services, phone booths and information services are included under the heading of telephone service.

Definitions usual differ according to the country’s state of economic development. Indeed, most developed countries are extending the definition of universal service to include additional elements over-and-above basic telephone services. In some developed countries, universal service now includes RNIS services, Internet access to schools and many other value-added services.

Quality and affordability are the other main issues for universal service, and several methods can be used to determine what might constitute an affordable price.

Universal service cost

Universal service cost definition is a complex process. In a competitive, multi-operator environment, the cost of universal services must be transparent and clearly evaluated. Different parameters must be taken into account, including: cost elements (direct costs, common costs, etc), allocation methods (total costs or incremental costs) and so on.

Who pays for universal services?

Typically, providing universal services is a loss-making activity for operators (generally the historic monopoly-holders). In new, deregulated environments, all licence-holding operators must play a part in the financing of universal services. This means that the regulatory authorities have to deal with a number of key questions, including which operators pay for which cost components of universal service and which operators might not have to pay. So regulatory decisions have an important impact on the development of competition. Today, many countries in the process of liberalisation (such as Hungary and Poland) are setting up ‘universal service funds’. Generally these funds are not managed by the state, but either by the regulator or an independent body.

In the Mediterranean countries, the degree to which the regulatory framework has been developed varies widely. However, universal service appears to be a central concept. The development of a specific regulatory framework is seen as an essential way of accelerating social and economic development and an important factor if the country is not to fall behind in the development of the information society.

1.2.3 Privatisations and selective competition

Some countries in the Mediterranean zone have begun the process of privatising the historic monopoly operators or opening certain sectors (such as mobile) to competition.

Privatisation is seen as a vital way of transforming companies’ management methods, injecting capital and know-how, and accelerating the introduction of new technologies.

Examples of privatisation initiatives

The table below shows the evolution of the ownership of historic operators across the Mediterranean countries.

Table 4 : OVERVIEW OF STATUS OF HISTORIC OPERATORS AND REGULATORY AUTHORITIES IN THE MEDITERRANEAN COUNTRIES

COUNTRIES

HISTORIC OPERATOR

OWNERSHIP

REGULATORY AUTHORITIES

ALGERIA

Ministry of Post and Telecommunications

100 % State owned

Ministry of Post and Telecommunications

CYPRUS

Cyprus Telecommunications Authority (C.Y.T.A)

100 % State owned

  • Ministry of Commerce and Industry

  • C.Y.T.A

EGYPT

Telecom Egypt

100% State owned

  • Ministry of Post and telecommunications

  • Telecommunications Regulatory Authority

ISRAEL

Bezeq

54 % State, 20% Gad Zeevi, others

Ministry of Communications

JORDAN

Jordan Telecommunications Company (JTC)

60 % State owned

40 % consortium led by France Telecom

Telecommunications Regulatory Commission (TRC) (Telecommunications law of 1995), independent from the operator.

 

 

LEBANON

Ministry of Posts and Telecommunications

State

  • Ministry of Posts and Telecommunications

  • To note, the Investment Development Authority of Lebanon (IDAL) helps the government to implement large infrastructure projects and works in close relationships with ministries.

  • Ministry of Economy is consulted on specific competition and consumer protection issues.

MALTA

Maltacom Plc

- 60% State owned
- 20% domestic market
- 20% international institutional investors

  • Ministry of transport and Communications

  • Telecommunications Regulator (placed under the responsability of the Ministry for Economic services)

MOROCCO

Maroc Telecom (ex IAM)

Limited company, State owned
  • Ministry of Communication

  • The National Agency of Telecommunications (ANRT) Regulation instituted by the Prime Minister in 1997, is independant from IAM

PALESTINIAN AUTHORITY

Palestine Telephone Company (PalTel)

Palestinian Authority (» 25%) and private investors (» 75%)

  • Ministry of Post and Telecommunication

  • Economic Adviser, Office of the President

SYRIA

Syrian Telecommunications Establishment (STE)

100 % State owned

Ministry of Communications

TUNISIA

Office National des Telecommunications (ONT) (Tunisie Telecom)

owned

  • Ministry of Communications

  • ONC

TURKEY

Turk Telecom

100 % State owned

Under the Ministry of Transport : Directorate General of Communications and Directorate General of Wireless Communications

Generally, the opening up of the telecoms sector necessitates large-scale investment from foreign investors.

1.2.4 Recourse to foreign capital

Agreements with foreign partners are really seen as vital to spread out networks and services. At the same time, operators who operate in markets which are already open to competition, such as Western Europe, the United States and Asia, are facing stronger competition. International expansion is seen as essential to develop new markets.

Many examples of increasing Western operators investment in the Mediterranean area can be found :

1.2.5 The largely positive influence of competition on the expansion of telecoms markets

It has often been shown that the introduction of competition into a market plays a very important role in encouraging growth. In the mobile sector, as in the area of Internet services (2 fields broadly open), competition has forced all the players to pursue more aggressive commercial policies, resulting in significant price reductions, product and service innovations and considerable improvements in network quality (More details and analysis of market developments can be found on the ESIS II web site, under the heading ‘Basic facts and Indicators).

If we focus on mobile penetration growth between 1998 and 1999, one can see that all countries knew very fast rates, even those where the penetration is the most important as Israel and Cyprus.

It is worth noting huge growth in Egypt (450%), mainly explained by the fact that 2 competitors are present in the market. In Morocco, the future launch of Medi Telecom’s GSM services should enable a rapid growth.

II - Information society policies

Developing the ‘information society’ is becoming a major challenge for the economic and social development of Mediterranean countries. Progress towards the information society entails significant changes, mainly linked to increasing globalisation in terms both of companies and national economies.

In countries with medium to high-income levels and adequate public and private structures, new information technologies can facilitate a better dissemination of knowledge, new organisational structures and economic growth and increase in employment. On the other hand, the insufficient level of infrastructure development, limited access to hardware and low levels of purchasing power amongst the population explain why the Mediterranean countries have found it difficult to promote and diffuse information society developments and benefits.

Then it is obvious that the "Information Society " brings also with it a major risk of growing disparities between regions and countries.

In less developed countries, the implementation of wide-ranging public policies is essential to progress towards information society.

Examples of main IS policies and applications are presented below. One can find more details on the ESIS II database.

1. Umbrella policies

Umbrella programs are key elements of the diffusion of Information technologies. Several governments have set up Information Policy Councils, responsible for developing the country’s information society policies. For instance:

2. Areas of application for IS

2.1 Government

Computerisation of public administration, governmental agencies, national and regional authorities is an important area where IS policies may be applied. Programmes are aimed at improving the efficiency of public administration, facilitating communication with citizens and Information gathering. For example:

2.2 Research and education

Research and Education are important areas both in terms of the use and development of IS-related programmes. For instance:

2.3 Transport

2.4 Medicine

3. Low developments regarding e-commerce and digital signature

The development of a regulatory framework for e-business (focusing particularly on respecting people’s privacy, authentication and security) has become a great priority in most developed areas (United States, European Union, Japan, …) and significant advances have been realised.

The European Commission adopted a Directive on electronic-commerce and several members yet issued national laws aimed at recognise the validity of digital signature as proof of authentication.

Low penetration of Internet and e-commerce in Mediterranean countries explain the low development of e-business related regulation. One can not that in Morocco, digital signature issues were recently discussed. The aims of the bills are as follows : legal equivalence between a piece of data and its written form whether written or electronic, technological neutrality regarding electronic data protection, autonomy for all parties to favour contractual requirements. We may outline that Tunisia is paying a special attention to e-commerce", a National Commission for Electronic Commerce was set up in 1997. Tunisia has launched several projects of e-commerce in different sectors (agriculture, tourism, industrial goods) and is preparing a regulatory framework.


Please note that this report has been prepared under the sole responsibility of the
ESIS II contractors.
It does not necessarily reflect the views of the Commission, nor does the Commission accept responsibility for the accuracy or completeness of information contained herein.
The ESIS Team of contractors welcomes any additional information or corrections.