Telecommunications expert warns against state regulation

Cape Town born, Janisch, who was inducted into Canada's Telecommunications Hall of Fame in October 2005, will conduct a three day course on the topic in Cape Town from March 22 - 24 as part of UCT law faculty's Professional Education Project. The course is titled, 'South African Telecommunications regulations in its international and comparative context'.

Janisch said telecom monopolies around the world had been undermined by new electronic technologies which had lowered the cost of entry and made competition possible. "A current example of a highly disruptive technology is voice over the Internet (VoIP) which makes competition more readily possible, even in local service previously considered the last bastion of monopoly," he said.

Wireless breakthrough

Cellphone technology had also had a massive positive impact on the industry, particularly in developing countries. "Mobile wireless is hugely positive for developing countries as long as they do not discourage it by excessive taxation. Wireless technology is a breakthrough and provides a far less expensive way to provide service in developing countries. It allows them to leapfrog over wireline networks and enter the information society directly without having to build out a copper wire network," Janisch explained.

By and large this technological revolution was benign in that it made new services more readily available and did not threaten, but enhanced, the achievement of universal access. "The only negative is the substantial threat to privacy presented by new information technology and this is something governments must address."

Regarding regulation of the telecommunications industry, Janisch said it was vital that such regulation be impartial and warned against government intervention as this could scare away potential investors.

"It is essential to have an impartial and independent regulator in place. This is why the debate over the ICASA Amendment Bill is so important. There will be a perceived conflict of interest which will discourage new investment in telecom if the Minister is seen as displacing ICASA as an independent regulator," he said.

Case studies

The course conducted by Dr Janisch will be a focused introduction to South African telecommunications law and regulation, and will look at this in relation to a technologically changing world in which the lines between 'domestic', 'international' and 'comparative' issues in telecommunications are rapidly dissolving as new international rules and comparative developments have a direct impact on domestic policies. This means a purely domestic-centred approach to telecommunications law and policy is no longer tenable.

Through case studies, the course will illustrate how various countries have attempted to introduce regulations in the telecommunications industry, and it will also look at the role of the World Trade Organization and the International Telecommunications Union, as well as uniquely African experiences and the role of telecommunications and its regulation in developing countries. Contact or visit www.law.uct.ac.za for more details. The closing date for registration is this week.