Digitalizing Myanmar: Connectivity Developments in Political Transitions – Andrea Calderaro Facilities Service, creating unequal competition and making this stipulation in the law a serious obstacle for the development of bottom-up local online services.24 A major concern expressed by multiple parties involves the interconnection of national telecommunication bodies. In order to ensure a transparent and open telecom market, governments are supposed to withdraw from a regulatory role. According to best practices in telecom reforms,25 an independent regulator must take over this role. The distinction between an independent regulatory body and the government’s role in regulation has not yet been established. As a result, the Myanmar Posts and Telecommunications Department (MPTD), which is controlled by the Ministry of Communication and Information Technology (MCIT), still holds this role. The draft telecom law contains a design for a regulatory system composed of a complex hierarchical structure in which the government appears to be involved, especially in the licensing process. Here, although the licensing procedures are managed by the MPTD, its final outcome will still be communicated to and evaluated by the MCIT. This proposed hierarchical regulatory system exposes the licensing process to several weaknesses, including a complex bureaucracy machine, which will likely hinder its efficiency; and increased room for corruption. Most importantly, the proposed regulatory system maintains the central role of the Ministry of Communication and Information Technology, which could result in political control over the national telecom market, and the services of mobile operators.26 The establishment of an independent regulator is considered therefore key to the success of Myanmar’s connectivity building, and is the last step of the country’s three step approach to telecom reform. 24 MIDO, 2013. “Recommendations on Proposed Rules for Telecommunication Sector from Myanmar ICT for Development Organization”. Available at: http://03861b4.netsolhost.com/Nov2013/wpcontent/uploads/2013/12/12-Myanmar-ICT-for-Development-Organization-comments.pdf 25 International Telecommunication Union, 2011. Telecommunications Regulation Handbook, Washington, DC: The International Bank for Reconstruction and Development / The World Bank / InfoDev / The International Telecommunication Union. 26 LIRNEasia, 2013. Response to the “Public Consultation Issued by the Ministry of Communications and Information Technology of the Republic of the Union of Myanmar”. Available at: http://03861b4.netsolhost.com/Nov2013/wp-content/uploads/2013/12/9-LIRNEasia-comments.pdf 15

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