Towards Evidence-based ICT Policy and Regulation
Telecoms, Internet and Broadcasting Regulation
Policy in Benin
The
telecommunication
and ICT sector in
Benin is characterized
by its lack of a legal
framework and
adequate and
uniform regulation,
this despite the
existence of
regulatory authorities
(ATRPT and HACA)
The telecommunication and ICT sector in Benin is characterized by its lack of a legal framework
and adequate and uniform regulation, this despite the existence of regulatory authorities (ATRPT
and HACA). The Autorité Transitoire de Régulation des Postes et des Télécommunications (ATRPT)
takes care of the regulation of telecommunication and the Internet, while the High Authority for
Audiovisual Communication (HAAC) takes care of the regulation of radio and television
broadcasting. Nevertheless, strategies are implemented to grant the country a code of electronic
communication and posts in the Republic of Benin organized in three parts: electronic
communication, post, and the regulation authority.
The Telecommunications and Internet Regulation Policy
Formerly, the Ministry in Charge of Communication was the authority of administration and
policy supervision in the sector. Its main tasks were to define the telecommunication sectoral
policy, to provide the rules, regulations and the control of the sector, and to manage the
allocation of frequencies and licences as well as the choice of technological standards. But
following the legislative and institutional changes that took place in the sector, the supervisory
Ministry is henceforth in charge of no more than defining the sectoral policy and representing
the interests of Benin to the exterior, notably to regional and international organisms. The
regulatory role which it was allocated in the past is reserved for an independent entity; in other
words the regulation authority.
The Executive Secretary is the authority in charge of the preparation and the implementation of the
decisions of the Transitional Regulatory Board, which is the deliberative organ and the decisionmaking authority of the ATRPT. The functions of the Transitional Regulatory Board are:
•
to define the operating rules of the ATRPT ;
•
to approve the regulation of competitive bidding for the granting of licence approva l;
•
to decide on the issuing of licences and approval ;
•
to decide on sanctions in the case of shortcomings experienced in the legislative clauses,
regulations or the content of licences and approval ;
•
to give decisions on the disagreements, which it is subject to by the Executive Secretary ;
•
to adopt the pricing principles or payment and provision rates of the Authority in
accordance with the laws and regulations in force ;
•
to define the interconnection policy as well as pricing principles and to authorize the fair
and reasonable pricing of posts and telecommunications ;
•
to define the general policy of the post ;
•
to define the rules concerning the service rates of posts and telecommunication not
subject to competition ;
•
to define the technical prescriptions applicable to the telecommunication network and
terminal equipment in view of guaranteeing their interoperability, number portability and
the proper use of radio electric frequencies and telephone numbers ; and
•
to define the general ICT sector policy.
The ATRPT is also in charge of regulating activities related to Internet access provision.
Radio and Television Broadcasting Regulation Policy
The period preceding the advent of the democratic revival was characterized by significant gaps in
freedom of expression. To stamp out these problems, the legislator has instituted a High Authority
for Audiovisual Communication (HAAC) by articles 24, 142 and 143 of the Constitution of 11
December 1990. The HAAC is in charge of ensuring that the freedoms defined by said Constitution
are respected. Organic Law no. 92-021 of 21 August 1992 defines the organization and the
functioning of the High Authority for Audiovisual Communication (HAAC). The HAAC is
independent of any political authority, any political party, association or pressure group of any
nature whatsoever. Its task is:
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