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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

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

Author: Rachel Alemu
Publisher: Springer-Verlag
ISBN: 9783662553176
Published In: February 2018
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

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.