Ministry of Post

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Ministry of Post Telecommunications Samoa
Country Paper Asia-Pacific Forum on Telecommuni
cations Policy and Regulation
2002
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• A REGULATOR TO BE OR NOT TO BE?

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PRESENT SITUATION

• Until 1999 Post and Telecommunication Department
  (PTD) authorised under the Post Office Act
  1972.
  
• 1999 Postal and Telecommunication Services Act
  1999 PTD split into Samoa Communications Ltd
  (SCL) operator and Ministry of Posts and
  Telecommunications (MPT) as the
  (Policy,Administrator/Regulating Authority)
• MPT has 2 Divisions Policy Development and
  Licensing and Monitoring
  
• The Ministry has 7 functions authorised under the
  1999 Act. Three relevant to regulatory issues.

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PRESENT SITUATION

• Sections 6(2) (b), ( c ) and (e)
• S6 (2) (b) To monitor the provision of the P
  T services
  
• S6 (2) (c ) To advise the Minister on all
  matters relating to the grant and operation of
  licence for the provision of P T service and
  
• S6 (2) (e) To assist in the establishment of a
  regulatory environment to facilitate a
  competitive and responsive P T service to the
  Country.

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PRESENT SITUATION

• The Ministry is not authorised to regulate but
  rather to assist in setting up a regulatory
  environment.
  
• By the strength of section 6 of 1999 Act the
  Ministry carries out its current regulatory
  functions.

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PRESENT SITUATION

• The Ministrys concentrates on frequency
  allocation
  
• No checks on quality
• Except for 10 yr exclusive licenses to SCL and
  Telecom Samoa Cellular (TSC) no licenses for
  smaller service providers
  

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REASONS

• Ministry is still in the process of finalising
  the sector policy and regulatory framework
  
• The Ministry is aware of SCLs limitations as far
  as its infrastructure capacity is concerned.
  Cant do much.
  
• SCL in reality a former Government department
  with the same people. SCL has always been its
  regulator ie not used to being checked upon
  

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REASONS

• TSC has a long waiting list, approx 1000. Ltd
  infrastructural capacity.
  
• Service Providers has never had anybody police
  their services need awareness programs
  
• Provision of the 1972 Act 1979 Radio Regulations
  and the 1999 Act are such that some of the
  regulatory functions remain with SCL
  
• Some of the matters that need regulating are new
  i.e interconnection pricing numbering systems
  and spectrum management. Need addressing.
  
• Absence of an effective and clear-cut regulatory
  framework.
  

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SO WHAT SHOULD IT BE?

• Should there be an Independent Regulator for
  Samoa?

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SUGGESTIONS

• Samoa needs an effective Regulator
• ITU project to review Policy and Regulatory
  f/work
  
• Revamp the current laws
• Address interconnection, pricing and spectrum
  management.
  
• The Ministry under the leadership of the our new
  Director plans to be more effective in its
  regulatory role
  
• License for service providers under which our
  regulatory role would not only be seen to be more
  effective but efficient.
  
• World Bank Project institutional strengthening
  for MPT staff with emphasis on Policy and
  Regulatory framework