Utility and Independent Regulators: Jacobs, Cordova & Associates Projects

South Africa - Regulatory Impact Assessment, ICASA	The Independent Communications Authority of South Africa (ICASA) asked for the assistance of Jacobs, Cordova & Associates in applying Regulatory Impact Assessment (RIA) to policy/regulatory issues in its work. Adoption of RIA by the ICASA is a natural step in the implementation of the ICASA Act adopted in 2000. We conducted a training session for ICASA staff, and recommended steps for ICASA to mainstream RIA and stakeholder consultation into ICASA’s policy processes. South Africa, ICASA, 2010.

Azerbaijan - Communications Regulatory Training Programm	Jacobs, Cordova & Associates was part of an EBRD funded project providing technical assistance to the Azerbaijani Ministry of Communications and IT. The project consists of a comprehensive 40 day training programme and regulatory assistance in the electronic communications sector and was provided in conjunction with Development Dynamics, Cullen International and J Kannervisto Consulting. Azerbaijan, EBRD, 2010

Ukraine - Communications Regulatory Training Programme	Jacobs, Cordova & Associates worked as part of a team led by Premier Dynamics Limited and J Kanervisto Consulting on a European Bank for Reconstruction and Development (EBRD) project providing support for the development of the Ukrainian communications sector through a specialised training programme. The programme of cooperation aimed at supporting the National Commission for Communications Regulation of Ukraine (NCCR) in the implementation of a modern regulatory framework in Ukraine, one which reflects international best practice. The training programme also involved key sector policy-makers, relevant state institutions, private operators, and service providers in the training. The Electronic Communications Regulatory Training programme had a range of objectives designed to develop further one of the most dynamic sectors of the Ukrainian economy. They included strengthening the institutional and technical capacity of the NCCR and broadening the awareness of modern communications and competition concepts among the regulators, commercial operators, and consumers. This training, financed by the Government of Finland, was part of the EBRD’s work with relevant regulatory telecommunication authorities in the countries of operation. It provided practical assistance with the development and implementation of sector policies, drafting of new laws and implementing legislation. It also dealt with a variety of fundamental electronic communications sector issues, covering all areas of law, policy, regulation, technical, financial, and economic practices. During the eight-week training sessions, which commenced in April 2011 and were delivered over a six-month period, a group of EBRD experts provided the NCCR and sector specialists with an overview of world trends and a review of current regulatory systems. The training also covered: technical and regulatory aspects of network interconnection, the operation of a competitive market, market identification and analysis, access to and sharing infrastructure, managements of scarce resources, consumer rights and interests, regulatory impact analysis and a range of regulatory remedies including dispute resolution, complaints management and enforcement, competition issues and strategic management for regulators. As a result of this training, the EBRD and the NCCR will be able to better understand sector needs and trends, further support needs, as well access the scope of the Bank’s potential investments into the Ukrainian communications sector. Ukraine, EBRD, 2011.

Armenian Public Services Regulatory Commission Training	Jacobs, Cordova & Associates was part of an EBRD funded project providing technical assistance to the Armenian Public Services Regulatory Commission. The project consisted of a comprehensive 40 day training programme and regulatory assistance in the electronic communications sector and was provided in conjunction with Development Dynamics, Cullen International and J Kannervisto Consulting. See link below for EBRD’s Success story on this project; http://www.ebrd.com/pages/news/press/2011/110324a.shtml Armenia, EBRD, 2010

Ireland - Spectrum Review for Communication Regulators	Jacobs, Cordova & Associates provided consultancy advice and assistance to UPC Communications Ireland Limited in connection with the Microwave Multipoint Distribution System (MMDS) spectrum review being carried out by the Irish Commission for Communications Regulation including ad hoc advice, written reports, preparation for and representation at meetings, assisting in responding to the consultation process and other assistance. Ireland, Liberty Global UPC, 2010.

NATP III - New Approaches in Telecom Policy I	In September 2009, the NATP-3 project was awarded by the European Commission to a consortium of Regulaid and Jacobs, Cordova & Associates Europe. The general objective of this contract is to support and to further improve mutually beneficial Information Society cooperation between Europe and the Mediterranean Partner Countries, building on the achievements of NATP II and other Regional initiatives and consequently to facilitate the creation of a harmonized and investment friendly environment in the electronic communications sector. NATP assists the regulatory authorities in the Mediterranean partner countries Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Occupied Palestinian Territory, Syria, Tunisia, and Turkey. European Commission, 2009-2013.

Georgia - Training of Telecom Regulators	Jacobs, Cordova & Associates participated in the EBRD funded training program for the Georgian National Communications Commission (GNCC) during 2010 which had as its objectives firstly, to strengthen the institutional and technical capacity of the authorities; and, secondly, to broaden awareness of modern communications/ competition concepts amongst officials, commercial operators and consumers. Overall, the Program comprised an assessment of the specific training needs of the regulator and ministry; the development of a comprehensive training program covering all key aspects of regulation, with the goal of meeting the regulators specific needs for development of its staff’s regulatory skills. The Program also had a practical aspect, whereby Jacobs, Cordova & Associates assisted with practical case work of the regulatory authority in two specific areas over the course of the six months program implementation. Georgia, EBRD, 2010.

Kazakhstan V – Institution Building and Communications Regulatory Authority Advisory	Following a request from the Government of Kazakhstan, the European Bank for Reconstruction and Development selected Jacobs, Cordova & Associates to assist the Government and the Agency for Information and Communication to establish an independent, sector-specific regulatory authority for communications in Kazakhstan, based upon international best practice. Jacobs, Cordova & Associates provided full and substantive practical support and assistance to the Government and AIC in the following areas: institutional establishment, legislative drafting, staff training, organisational capacity building, institutional decision-making process development and implementation and regulatory implementation. Kazakhstan, EBRD, 2008-2009.

Albania Telecom Regulatory Development Programme	The European Bank for Reconstruction and Development engaged Jacobs, Cordova & Associates Europe to provide practical assistance to the Government of Albania and Telecommunications Regulatory Entity ("TRE") to harmonize the country’s communications policy and regulatory framework with that of the European Union and specifically with the 2002 EU Regulatory Framework in accordance with the Albania-EU Stabilization and Association Agreement reflecting Albania's aspirations towards Europe and its need to comply with the obligations of their membership of the World Trade Organization. Albania, EBRD, 2008.

Jordan - Designing a Regulatory Master's Program	Jacobs, Cordova & Associates, partnered with the College of Europe to assist the University of Jordan in the development of a Regulatory Master’s Program and to provide capacity-building support through the first year’s Master’s program. This project provides a platform for enhancing effective regulation in the Jordanian infrastructure sector (and the region) through an endogenous process of developing skilled professionals able to take regulation reform forward successfully. Jordan, University of Jordan and the European Commission, 2008. See announcement here: http://www.coleurop.be/content/development/references-academiccooperation/Jordan.html Jordan, European Commission 2008-2010.

Mexico - Technical Assistance in Regulatory Reform	The project consisted in assisting the OECD Secretariat with regulatory reform expert advice supporting a high-profile OECD technical assistance to the Mexican Government. In the project we: Assisted OECD in the design mechanisms and international practices for systematic reviews of existing regulations. Provided advice and solution design to OECD on key inputs during the review process. Reviewed OECD periodic and final reports or the OECD consultants. Punctual advice on emerging issues during the review process Supported OECD in the preparation of meetings (assistance with selection of international experts, preparation of discussion notes, etc.) We participated in official meetings with Mexican government officials, representatives of the business community and donors. We reviewed progress and comment reports during the appraisal phase and prepare a series of discussion notes and concept papers for Mexican and OECD officials and experts. Mexico, OECD, 2008.

Regulatory Reform, Market Performance and Poverty Reduction in Mauritania	Jacobs, Cordova & Associates prepared a major diagnostic, Regulatory Reform, Market Performance and Poverty Reduction in Mauritania with a full set of recommendations for action. Jacobs, Cordova & Associates analyzed regulatory reform, market performance, and poverty reduction in Mauritania, reported the results to the Mauritanian government in October 2002 and participated in a two-day government seminar in Nouakchott in June 2003. The reports, “REGULATORY REFORM, MARKET PERFORMANCE, AND POVERTY REDUCTION IN SENEGAL AND MAURITANIA” concluded that “The legacy of interventionist and inefficient rules and practices inherited from previous economic policies is still prevalent, and many policies of the state continue to be captured by private interests. The domestic policy environment is hostile to private enterprise start-ups, investment, and innovation. Scope for market activity remains constrained due to slow privatization. Serious competition abuses are tolerated. State intervention through actions such as subsidies for failing enterprises, interference in rate-setting in liberalizing industries, and hesitation in opening up even services such as telecommunications are reducing investment and damaging market performance. Regulation of vital network industries, including electricity, telecommunications, water, and transport, suffers from inconsistent application; gaps in institutions, policies, and rules; and confusion in the role of the state as regulator and manager. Regulatory uncertainty has reduced the value of state assets, such as in mobile telephony, where the government is dissatisfied with the prices offered for licenses.” Download copy of the report here: http://web.worldbank.org/external/default/main?pagePK=51187349&piPK=51189435&theSitePK=362340&menuPK=64187510&searchMenuPK=362381&theSitePK=362340&entityID=000094946_0308270400380&searchMenuPK=362381&theSitePK=362340 Mauritania and Senegal, The World Bank, 2003.

Kazakhstan - Telecom Regulatory Evaluation	Jacobs, Cordova & Associates supported the Kazakhstan Agency for Information and Communication (AIC) in analyzing the design options for a new regulatory authority for telecommunications including identifying best practice models from other jurisdictions. Detailed recommendations on the regulatory structure appropriate to Kazakhstan along with draft legislation to establish the regulator were provided as part of the assignment. Kazakhstan, EBRD, 2006.

Telecom Regulatory Development in Kazakhstan	Jacobs, Cordova & Associates supported the Kazakhstan Agency for Information and Communication (AIC) in analyzing the design options for a new regulatory authority for telecommunications. We assisted the AIC to select a model (together with a detailed timetable and implementation plan) and participated in the presentation of recommendations to the Government. Kazakhstan, EBRD/ Gov't of Kazakhstan's Agency for Information and Communication, 2006.

Canada - Government Regulation/ Legislation and Competition	Jacobs, Cordova & Associates prepared a report for the Canadian Competition Bureau exploring how seven leading OECD countries undertook ex ante competition analysis during their rulemaking processes. The report concludes that it is important to consider that widening the mandate of competition authorities to ex ante analysis of draft regulations would have important resources implications and impacts on the administrative frameworks of these bodies, which so far have mostly concentrated on enforcement matters and e1x post analysis. Canada, Canadian Competition Bureau, 2005.

APEC Regulators Network Evaluation	Jacobs, Cordova & Associates assessed the capacities and training needs of Asia’s utility regulators for APEC. Our report, Regulatory Governance in Asia: Training Needs Assessment of Potential Members of the East Asian Utility Regulators Network, concluded that “While a few Asian countries have succeeded in creating credible independent regulators that are able to challenge powerful vested interests, the performance to date of independent utility regulators in Asia is not very promising. The main reason for this is that the external environment of structural, policy, and governance reforms remains extremely difficult.” We published a shorter version in the April 2004 ADB Governance Brief as Governance of Asian utilities: New regulators struggle in difficult environments. Download report here:http://www.adb.org/Documents/Periodicals/GB/GovernanceBrief10.pdf Asia, APEC, 2004.

The Structure and Role of Independent Regulators in Korea	Jacobs, Cordova & Associates provided a report on the desirable direction of development of independent regulators, and their proper role in Korea. Organizational requirements for high-quality regulation and independence were proposed. Korea, Korean Economic Research Institute, 2003.

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