ICT Regulation and Regulatory Authority

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This Policy Note revisits the country's regulation on information and communications technology (ICT), particularly the laws, rules, and regulations governing the ICT sector. Among others, it reveals issues in the implementation of the Department of Information and Communications Technology Act (DICTA), which resulted in incompatible or overlapping functions of the Department of Information and Communications Technology (DICT) with other departments. The law itself, in some instances, provides insufficient guidance on the scope of the department's power. Further, the convergence between and among ICT actors in public and private transactions created conflict in the application of laws and rules, which hinders trade and investment on ICT services. Given these issues, the study recommends the strengthening of DICT's role in ICT matters by defining the extent of its functions in relation to the ICT sector, as defined in DICTA. It also calls for the removal of unnecessary requirements in the establishment and operation of telecommunications and broadcasting services providers, particularly the need for a legislative franchise. It also suggests for the government to consider assigning only one ICT regulator that has authority on all ICT matters.