Digitalizing Myanmar: Connectivity Developments in Political Transitions – Andrea Calderaro
2.3 - Independent Regulator
Concerns raised about the national regulator’s lack of independence are justified,
especially since an established independent regulator is still absent in Myanmar.
Currently the regulatory body in Myanmar is the state controlled Posts and
Telecommunications Department (PTD), a department within the Ministry of
Communication and Information Technology (MCIT).
27
Before the telecom
reforms, the country’s public monopoly on telecoms partially justified the PTD as
a regulator,28 however, given the opening of the national market, the urgency to
establish a new regulatory independent body is commonly shared among civil
society parties and international observers.
Defining the separation between a regulatory body and the government is
commonly considered to be necessary in order to secure the independency and
the neutrality of the telecom market, and protect international investors and the
citizens of Myanmar. In its 2011 Telecommunications Regulation Handbook29, the ITU
posits that an ideal regulatory structure must be divided into three main
functions–policy development, market development, and regulation—that are
overseen by parties independent from each other. This regulatory framework
includes:
1) The executive branch of the government, which should hold a policy
development function. In Myanmar, this is described as the second step in the
connectivity process, and the government is indeed leading the discussion of the
described telecom law;
2) Private telecommunication operators, which are in charge of developing the
market and offering services to citizens. In Myanmar, this is described as the first
step in the connectivity process, and is filled by both Ooredoo and Telenor;
27
Myanmar Posts and Telecommunications Department. “About.”
http://www.mcpt.gov.mm/mcpt/about-01.htm
28
International Telecommunication Union, 2011. Telecommunications Regulation Handbook,
Washington, DC: The International Bank for Reconstruction and Development / The World Bank /
InfoDev / The International Telecommunication Union.
29
Blackman, C. & Lara S. (Eds.). (2011). Telecommunications Regulation Handbook. Retrieved from
http://www.itu.int/dms_pub/itu-d/opb/reg/D-REG-TRH.01-2011-PDF-E.pdf
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