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Vol 24 No 8 Aug/Sept 2019

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The Liberalisation of the Telecommunications Sector in Sub-Saharan Africa and Fostering Competition in Telecommunications Services Markets: An Analysis of the Regulatory Framework in Uganda


ISBN13: 9783662553176
Published: February 2018
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £123.00



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This study investigates whether the existing regulatory framework governing the telecommunications sector in countries in Sub-Saharan Africa effectively deals with emerging competition-related concerns in the liberalised sector.

Using Uganda as a case study, it analyses the relevant provisions of the law governing competition in the telecommunications sector, and presents three key findings: Firstly, while there is comprehensive legislation on interconnection and spectrum management, inefficient enforcement of the legislation has perpetuated concerns surrounding spectrum scarcity and interconnection. Secondly, the legislative framework governing anti-competitive behaviour, though in line with the established principles of competition law, is not sufficient. Specifically, the framework is not equipped to govern the conduct of multinational telecommunications groups that have a strong presence in the telecommunications sector.

Major factors hampering efficient competition regulation include Uganda's sole reliance on sector-specific competition rules, restricted available remedies, and a regulator with limited experience of enforcing competition legislation. The weaknesses in the framework strongly suggest the need to adopt an economy-wide competition law. Lastly, wireless technology is the main means through which the population in Uganda accesses telecommunications services. Greater emphasis should be placed on regulating conduct in the wireless communications markets.

Subjects:
Telecommunications Law
Contents:
Introduction
Competition and Regulation of the Telecommunications Sector
Liberalisation of the Telecommunications Sector: From Public Monopoly to Competitive Telecommunications Markets
Regulating Anti-Competitive Conduct in the Telecommunications Market in Uganda
Foreign Direct Investment in Telecommunications Sector and Regulation of Anti-Competitive Behaviour: The Specific Case of Cross-Border Mergers
Regulation of Network Interconnection and Network Access
Efficient Radio Spectrum Regulation: Facilitating Competition in the Wireless Communications Markets in the Telecommunications Sector
Competition Regulation in the Telecommunications Sector in Uganda: The Potential Role of a National Competition Law
Final Conclusions.