best practice institutional setup for the ICT sector governance, in which the role of a policy maker is to set public and transparent policy and monitor its implementation, and the role for a regulator is to implement such policy within the confines of its remit and the legal framework, and at an arm’s-length from dayto-day political decision making. The regulator, however, should be sufficiently accountable for its work and outcomes of such work. It is also important for the remit and responsibilities of each party to be clearly defined. Within such remit and responsibilities each party should have sufficient freedom to exercise its functions. A policy-making body will continue to play a leading role in areas that are closely linked to the general social policy of the country and may require politically-driven trade-offs between economic efficiencies and social objectives (including in such areas as universal access and universal services). On the other hand, areas, where economic and technical considerations play a primary role (as contrary to the political balancing of social and economic objectives), will normally be left to the regulator to address with a considerable discretion. The Government believes that it is important for the interaction between a policy maker and the regulator to comply with the following principles51: 1 In exercising its policy-making powers, a policy maker shall be bound by the respective legislation. Policy should be consistent with the purpose and objective of the law (including the legislative intent). 2 Direction from a policy maker to the regulator must be one that is possible for the regulator to follow in carrying out its duties under the legislation and it should not prohibit the regulator from carrying out her/ his duties. 3 Policy is generally defined as “a course or principle of action”52. Policy should leave sufficient level of discretion to the regulator to implement its functions within the legislative and policy framework. Specific regulatory decisions should always be made on their merits. 4 In developing a policy the policy maker will follow procedural requirements set out by the law. As the ICT sector is constantly changing, new needs for Government (in a broad sense) action may arise from time to time. Such new areas and responsibilities should be eventually reflected in the primary legislation. No coercive actions could be taken without appropriate powers being granted by such legislation. However, a naturally slow pace of the legislative process may not always be able to keep up with changing needs; and some useful actions could still be exercised without formal powers—especially, activities related to awareness and education. In addressing such areas, a policy maker and the regulator would comply with their general respective roles as outlined above. Generally a policy maker will take the lead responsibility for matters requiring a legislative or policy action, or where 51 These principles are primarily based on the foreign case law—specifically the Judgment of the UK Privy Council of 21 January 2010 in case No 0079 of 2009 in Mossell (Jamaica) Limited (T/A Digicel) v Office of Utilities Regulation, Cable & Wireless Jamaica Limited and Centennial Jamaica Limited; and the Judgment in the High Court of Justice of the British Virgin Islands BVIHCV2007/0095 of 18 and 25 May 2007 in Digicel Limited v the Telecommunications Regulatory Commission. 52 40 The Concise Oxford Dictionary 9th Edn. National Information and Communication Technology Policy