coordination with international or foreign partners or other public stakeholders is
needed. The regulator will primarily be responsible for matters closely related to
its existing areas of responsibility, where addressing such matters needs substantial economic, technical and/or legal expertise in the ICT area, especially where
the long-termism and sustainability of activities are important.
While the respective roles of different bodies must and will be respected,
and due care will be exercised not to undermine independence and impartiality
of the regulator, the Government will seek to ensure that overall consistency and
effectiveness of the Government (in a broad sense) actions are achieved.
Importantly, the requirements set out above should apply not merely to the
regulation of telecommunications, but with respect to any regulation of private
sector activity (including radio and television broadcasting, electronic signatures
etc.). In order to achieve this as well as to ensure maximum cost-efficiency and
effective utilisation of regulatory expertise, the Government, in accordance with
the multi-sector collaboration approach, intends to review the current regulatory
structure for ICT and related sectors, including utility regulation, general
competition protection and consumer protection.
The Government considers that requirements of impartiality with respect to
market players and other stakeholders, applicable to regulatory bodies, should also
apply to bodies involved in the policy making, especially the Minister responsible
for ICT and Telecommunications and the Office of the Chief Government
Information Officer (OGCIO). In this regard, such bodies will generally restrain
from pursuing any activities that could potentially compete with private players
in the ICT sector. This concerns ownership (including shareholding and board
membership) functions in relation to telecommunications service providers and
other ICT market players, as well as direct implementation of such projects (e.g.,
development of competing telecommunications networks). Where such functions
are exercised by the Government, it will aim to do so at a sufficient “arm’s length”
The Government appreciates that the size of Vanuatu together with rather challenging market conditions… make it
important to explore and implement ways to reduce costs
of services by enhancing economies of scale.”
from the sector policy making bodies, or, at least, to design and implement
appropriate safeguards to ensure that potential conflicts of interest would be
avoided in practice and that stakeholders would be sufficiently assured of this. The
main such safeguard is transparency—i.e., providing stakeholders with as much
information as possible on the rationale of specific decisions. Administrative
arrangements (e.g., involving appropriate third parties in decision making;
conducting public consultations before decisions are made) are also useful.
The Government considers that efficient and effective policy making requires
that a policy maker is sufficiently resourced and has appropriate expertise
available to it. It will therefore appropriately strengthen the OGCIO as well as
ICT-policy-related administrative capabilities in other Ministries and Government
Departments.
Noteworthy, procurement of telecommunications and other ICT services and
Approaches and Principles
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