The regulation of Telecommunications in Zambia: An assessment of the impact of Zambia's Institutional framework on effective regulation

Abstract

An effective regulatory system is one which is able to ensure consumer protection on the one hand and preserve the need to encourage innovation and investment on the other. This research aims to assess the existing institutional framework of Zambia for the purpose of determining the appropriate regulatory design that attracts more investment and ultimately protects the interests of examination of existing literature reveals that there is a gap because very little attempts have been made to test the relevance and effectiveness of the regulatory authority in the telecommunications industry since the enactment of the Information and communications Technology Act, Number 15 of 2009. This paper aims to contribute to this area of knowledge through a comparative analysis of telecommunications regulation in Britain, Jamaica, Chile, Argentina and Zambia. The existing institutional framework in Zambia will be analyzed in order to assess whether investment returns are best safeguarded through legislative means, administrative restraints or through the enforcement of contractual rights in the courts of law. Finally, recommendations will be made as to how Zambia can promote credible and effective regulation which ensures consumer protection and safeguards which attract more investment and enhance investor confidence.