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Feasibility Study on the Establishment of a Single, Converged Regulator for Telecommunication and Broadcasting Services in Tajikistan

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Feasibility Study on the Establishment of a Single, Converged Regulator for Telecommunication and Broadcasting Services in Tajikistan Feasibility study on the establishment of a single, converged regulator for telecommunication and broadcasting services in Tajikistan Dushanbe-2015 BBK Contributors to this study are: Mr. Asomudin Atoev, Chairperson of the Association of ISPs and IT Companies Mr. Konstantin Bondarenko, Chairperson of Public Organization Tajikistan Free Market Centre Mrs. Shahlo Akobirova, Director of Public Organization Khoma Mr. Farrukhsho Dzhunaydov, National Media Officer at the OSCE Office in Tajikistan Mr. Ewald Orf, Media Officer at the OSCE Office in Tajikistan Ms. Helena Mandic, Director of Broadcasting at the CRA, Bosnia & Herzegovina Mr. Sören Nübel, Acting Head of Unit International Policy Issues and Regulatory Strategy of Bun- desnetzagentur, Germany Mr. Dirk-Oliver von der Emden, Senior Councilor of BAKOM/OFCOM, Switzerland The views expressed by the authors in this Feasibility Study are their own and do not necessarily re- flect the views of the OSCE Office in Tajikistan. ISBN © OSCE Office in Tajikistan Table of Contents I. Background and Objectives ........................................................................................................ 5 II. Executive Summary ................................................................................................................... 6 III. Overview of the Tajik Telecommunications Market (2015).................................................. 7 IV. Overview of the Tajik Broadcasting Market ........................................................................ 12 V. Overview of the Structure of the Two Incumbent Regulators .............................................. 13 I. The Communications Service under the Government of Tajikistan ............................................ 13 II. The Committee on TV and Radio-broadcasting under the Government of Tajikistan ............... 15 VI. Challenges for Broadcasting and Telecommunication Regulators Posed by Digital Technology.................................................................................................................... 18 VII. Response of Regulators in Switzerland, Germany and Bosnia and Herzegovina to the Challenges of Convergence .............................................. 19 VIII. Can a Converged Regulator be an Option for Tajikistan? .............................................. 20 I. International Requirements and Best Standards for Telecommunications Regulators ................ 20 II. International Requirements and Best Standards for Broadcasting Regulators ........................... 22 III. Pros and Cons for a Converged Regulator in Tajikistan ........................................................... 25 IX. Conclusions.............................................................................................................................. 26 X. Recommendations .................................................................................................................... 27 Annexes .......................................................................................................................................... 29 Annex I: WTO Reference Paper on Telecommunications Annex II: Khoma Study Annex III: Contribution from the Bundesnetzagentur (Germany) Annex IV: Contribution from BAKOM/OFCOM (Switzerland) Annex V: Contribution from CRA (Bosnia & Herzegovina) Annex VI: Conclusions and Recommendations of a joint OSCE/MEDT Conference Annex VII: Action Plan (Government Decree No.691 of 31 October 2014) Annex VIII: List of all stakeholders which have been consulted for the FS 3 List of Abbreviations Bundesnetzagentur Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway, Germany CC Collegial Council CJSC Close Joint Stock Company CRA Communications Regulatory Agency CS Communication Service under the Government of Tajikistan CSO Civil Society Organization CTT Convention on Transfrontier Television DETEC Department of Environment, Transport, Energy and Communications EBRD European Bank for Reconstruction and Development ECHR European Convention of Human Rights FCC Federal Communications Commission FMEC Federal Media Experts Commission GATS General Agreement on Trade in Services ICA Independent Complaints Authority for Radio and Television ICCPR International Covenant on Civil and Political Rights ICT Information and Communication Technologies IPTV Television over IP ISP Internet Service Provider LLC Limited Liability Company MEDT Ministry of Economic Development and Trade MFN Most-favored nation NGN Next Generation Network OFCOM Federal Office of Communications the Office OSCE Office in Tajikistan OSCE Organization for Security and Co-operation in Europe OSHC Open Stock Holding Company OSJC Open Joint Stock Company PSTN Public Switch Telephone Network PTT Schweizerische Post-, Telefon- und Telegrafenbetriebe SCRF State Commission on Radio Frequencies of the Republic of Tajikistan SRG SSR Swiss Broadcasting Corporation VoIP Voice over IP WTO World Trade Organisation 4 I. Background and Objectives On March 2, 2013 the Republic of Tajikistan became a member of the World Trade Organisa- tion (WTO). Under the WTO Agreement, which includes the “Reference Paper for Telecommunica- tion Services” (Annex I), Tajikistan is obliged to establish in the field of telecommunications an in- dependent regulatory body, separate from and not accountable to any supplier of basic telecommu- nication services. By Governmental Decree No. 691 of 31 October 2014, the Ministry of Economic Development and Trade has been tasked to oversee the conducting of a feasibility study “with a view, of establishing a single agency responsible for telecommunication and broadcasting services.” If the results of the study demonstrate the feasibility of such a single agency, the Government of Ta- jikistan will establish such a single agency for telecommunication and broadcasting services. On April 15, 2015 the Ministry of Economic Development and Trade of the Republic of Tajikistan asked the OSCE Office in Tajikistan (the Office) to provide technical assistance in the preparation of the aforementioned feasibility study. The Reference Paper for Telecommunication Services does not require a specific format for the regulatory authority. What matters is its genuine independence not only from operators but also from policy makers and from other interested parties in implementing the state policy set out in the national telecommunication legislation. In other words, it is entirely up to the individual WTO member to decide whether it will unite the regulatory competences under one single authority or to continue to regulate the telecommunication and broadcasting services, as is presently the case in Ta- jikistan, by two separate bodies. In any event, under its WTO commitments Tajikistan thus has to have an independent regulator in the field of telecommunication. Before discussing the question of a possible single regulator we will therefore have to look first whether the Communication Service under the Government of Tajikistan, the incumbent telecommunication regulator of Tajikistan, can be considered to be an independent regulator according to the WTO requirements. Should the Government of Tajikistan decide to establish a single regulatory authority for both telecommunication and broadcasting services, the WTO requirements for independence of such a body would then of course also extend, mutatis mutandis, to broadcasting services. Under a separate section we will thus look at the structure and the work of the Committee on TV and Radio under the Government of Tajikistan, the incumbent broadcasting regulator of Tajikistan. After discussing the question of the independence of the incumbent regulators we will then discuss the technical issue of convergence between telecommunication and broadcasting services which prompted numerous WTO members to establish one single regulator for both services. Rep- resentatives from Switzerland and Bosnia and Herzegovina will report about their experiences with operating a converged regulator and a representative from the German “Bundesnetzagentur” (the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway) will share with us his experience as a telecommunication regulator sui generis, with many additional tasks, which however do not include broadcasting. In the light of our findings with regard to the two incumbent and the reports of the foreign regulators we will then discuss the pros and cons for the establishment of one single regulator in Ta- jikistan. Conclusions and recommendations will sum up the outcome of this study. 5 II. Executive Summary This study explores the feasibility to converge the two regulators for telecommunication and broadcasting services presently operating in the Republic of Tajikistan (the Communication Service and the Committee on Television and Radio), into one single regulatory authority. The study was carried out by the OSCE Office in Tajikistan at the request of the Ministry of Economic Develop- ment and Trade. The study is part of several activities identified by the Government of the Republic of Tajikistan in the field of telecommunications in Decree No. 691 of 31 October 2014 “On the pro- gram of Adjustment of the Economy of the Republic of Tajikistan Related to the Membership in the World Trade Organisation.” The study starts with an assessment of the legal and regulatory framework for the electronic communication market in the Republic of Tajikistan, but also looks at best international practices in the
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