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5.4 Open Access System There is need for the creation of a policy environment that fosters competition, universal access to services and affordable quality services. One of the major bottlenecks identified related to that of access to critical and essential infrastructure. This issue is also highlighted in the National Broadband Strategy which states that access to critical and essential infrastructure will determine the failure or success of achieving published broadband targets. The Strategy notes the relatively poor level of broadband penetration. Among various provisions, it proposes the creation of a fair and competitive environment, particularly enabling service‐based competition open access to infrastructure rolled out through public investment. Best practices provides that a predictable and technology neutral competitive environment premised on open access principles can deliver better results. Objectives of promoting an open access regime include creating a clear access regime that is enforceable and creating a uniform access regime that takes into consideration all technologies and services: The policy aims to balance the requirements for an open access regime with the reality that more investments are needed in the last mile for connectivity. The need to ensure a return on investment by those who invest in the last mile is a good reason why policy should be balanced and cautious. 5.5 Infrastructure and Access Policy Objectives (a) Develop an efficient, high capacity national ICT infrastructure to enhance service delivery to the public with special emphasis on governance, health and educational institutions; (b) Promote and strengthen research and development, innovation and manufacturing activities in the country; and Promote systematic and comprehensive expansion of ICT infrastructure and services with special attention to rural and urban marginalized areas; Increase the amount of local internet traffic flowing in the ICT infrastructure Promote investment in ICT infrastructure and access by creating an enabling and supportive environment, Promote an integrated, converged, technology neutral and secure ICT infrastructure to support delivery of the various services, Create and enabling environment to facilitate development and deployment of ICT infrastructure in the counties to support devolved government and structure, Encourage and promote the sharing of public and private ICT, utility, rights of way to ensure resiliency and redundancy in order to support disaster recovery plans, Promote equitable access and sharing of natural sites, rights of ways, physical infrastructure and co-location of ICT facilities by licensed operators based on technical and commercial considerations, Promote and create a fair and competitive environment through the enforcement of open access to ICT infrastructure The government will provide support infrastructure such as energy, security, roads to support the faster, safer and cheaper deployment and maintenance of ICT infrastructure, (c) (d) (e) (f) (g) (h) (i) (j) (k) 15

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