<By Wilfred Zulu, API/APN correspondent
API/APN in Lusaka – Zambia like most developing countries, has embraced what are called Information and Communication Technologies (ICTs) as a means for development. The term ICT has recently become common parlance among Zambians, especially tech savvy urban folk.
ICTs can provide the much-needed impetus for development. Having recognized the importance of ICTs for development, the Zambian government embarked on a process to establish a regulatory framework for ICTs in development.
Early this year, government unveiled draft legislation aimed at establishing an independent regulator encompassing telecommunication, broadcasting and related technologies.
Stakeholders from government, business, civil society and media made their input into the draft ‘Electronic Communications Bill 2007’.
The legislation proposes the establishment of an Electronic Communications Authority (ECA), an autonomous and technologically neutral regulator, capable of bringing all ICT related technologies under one law.

ICT Policy Development Officer at the Ministry of Communications and Transport, Victor Mbumwea said there was a thin line between broadcasting and telecommunications technologies, hence the need for the two to be merged.
‘In Zambia today, we have a situation where broadcasting strays into the telecommunications arena and vice verse,” Mbumwea said at the workshop.
Therefore, the draft bill is in response to global trends where there is convergence of broadcasting, telecommunication, internet and related technologies, with tremendous potential for economic growth.
Although the Electronic Communications Bill intends to facilitate convergence, the law, once passed, would exist side-by-side with the Independent Broadcasting Authority (IBA), which regulates broadcasting.
Legal Consultant, Cameron Whittefield, who was hired by government to advise on the reform of telecommunications regulation in Zambia, said although the transition to a fully converged regulator was difficult, it was worth trying.
“Malaysia which introduced a fully converged regime in the 1990s, found it to be a long and complicated process which required specific expertise. It may be complex for Zambia, but it is good for development in the long run,” he said.
With the existence of the IBA Act to regulate broadcasting, the proposed enactment of the ECA has stirred debate.
“Since the IBA has already been created and is presently law, it must be given an opportunity to develop in order for the nation to create a vibrant broadcasting sector,” said Edward Mwanza, a media consultant.
He added that it was interesting that television, for example, could be used to watch programmes, shop and communicate, while mobile phones were now capable of receiving audio and video signals, thereby creating a need for converged regulation.
Today in Zambia, it has increasingly become common to meet someone listening to a radio newscast on their cell phone.
So, should the country adopt a converged telecommunication regulatory regime or not, in view of all this?
Such a regime might reduce costs and enhance coordination, instead of having several regulatory regimes operating in isolation. In addition, it might also lead to the creation of jobs in the ICT sector, a welcome development in light of Zambia’s high unemployment.
Developed countries which have converged regulators, have had many years to develop their broadcasting and telecommunication industries. It is only in recent decades that they have converged.
Zambians ought to be allowed to take their time before deciding on a converged regulator just because such a model is en vogue.
The experience of the Independent Communications Authority of South Africa (ICASA) where the telecommunications and broadcasting sectors were merged, after initially being regulated separately, is that to all intents and purposes the two sectors are separately regulated in spite of coming under the auspices of ICASA. Presently, however, South Africa has also recognized the need for real convergence.
Sooner rather than later, Zambia will also have to embrace technological convergence, but this must be done in a manner that allows the fledging broadcasting industry to develop, as envisaged in the IBA Act of 2002.
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