I 5

Adoption of a converged regulatory regime will achieve multiple goals.
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A converged regulatory regime will reflect the development of technology and changing
industry structure. Historically, telecommunications, broadcasting, and postal were distinct
sectors, provided by different operators, over different infrastructures. As a result of the
growth of IP technology, the boundaries among services involving the distribution of
information are eroding. For example, voice communications, video content, and electronic
mail can all be carried over a single network. These trends will accelerate in the years to
come. The converged regulatory regime will reflect this significant development.

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Adoption of a converged regulatory regime will result in significant administrative
efficiencies. There are a number of regulatory functions that are relevant in all three
communications sectors. These include: granting of authorizations (licensing), competition
management, consumer protection (including rate regulation), regulating inter-operator
relations (including interconnection and access to infrastructure), promoting universal service,
and enforcement. After the adoption of the Communications Act of 2008, LCA will be reorganized by function. For example, one office will deal with licensing issues applicable to all
three sectors, thereby allowing efficient utilization of personnel.

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Adoption of a converged regulatory regime will facilitate a consistent regulatory regime that
can harness the resources of all sectors. For example, LCA will facilitate the sharing of
infrastructure by telecommunications providers and broadcasters. Similarly, LCA will promote
the use of post offices as telephone and Internet access points.

After the adoption of the new Communications Act, LCA will perform all of the functions
typically performed by a sectoral regulator. At present, there is no national competition authority.
As a result, the Authority will also assume full responsibility for the enforcement of prohibitions
against anti-competitive conduct (whether unilateral or concerted) in the telecommunications,
broadcasting, and postal sectors, as well as the review of mergers involving licensees - at least
until such time as a national competition authority has been established.

3.1.1

The Role of the Government and the Regulator
The Act will clearly define the respective roles of the Ministry and the LCA.
The Minister will be responsible, consistent with the requirements of the Act, for establishing
basic policy for the telecommunications, broadcasting, and postal sectors, and for representing
Lesotho on international matters relevant to these sectors. The Minister will also have ultimate
responsibility for ensuring that the Authority acts consistently with law and established policy.
However, the Minister will not participate in, or seek to influence, the initial decisions of the
Authority regarding operational or technical matters - such as whether to grant a license to a
particular applicant, approve an interconnection agreement, or adopt a particular technical
standard.

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