2012年4月27日星期五

Two agencies to regulate Tic


So far, based on the law of 14 July 1998 and the Decree on organization and functioning of the Telecommunications Regulatory Agency of September 8, 1998, Art was responsible for the enforcement of laws and regulations in the field of telecommunications.
She also played the role of arbiter on disputes in this sector. Since April 20, 2012, the agency will now perform the same work in the field of information technology and communication. The president signed a new decree on the organization and operation of the Telecommunications Regulatory Agency April 20, 2012.

Under this decree, the missions of Art are reinforced. Section 4 of the Decree provides that "the Agency provides on behalf of the State, regulation, control and monitor the activities of operators, network operators and providers of electronic communications services. It also ensures compliance with the principle of equal treatment of users in all enterprises of electronic communications. " By electronic communication, means any emission, transmission or reception of signs, signals, writings, images or sounds, electromagnetically.

Among its new missions, Art will ensure the implementation of laws and regulations regarding Telecommunications and ICT; ensure fair and healthy competition in the telecommunications sector and Tic; submit to the government, any proposals and recommendations designed to expand and modernize the telecommunications sector and Tic or to exercise any other public interest mission as assigned by the government in the area of ​​telecommunications and ICT.

To carry out its activities, the decree said it must work with the State Agency for Information Technology and Communication (Antic), under the regulation of activities related to network security electronic communications and information systems, in accordance with Article 7 of the Act on cybersecurity and cybercrime in Cameroon.

But on April 10, Paul Biya signed another decree on organization and functioning of the Antic. Under section 5 of this decree, the Antic, now under the tutelage of MINPOSTEL and Minfi instead of the Presidency of the Republic, is also responsible for "regulating information technology, communication and Internet ". Moreover, the Antic "ensures on behalf of the state regulation, control and monitoring activities related to security of information systems and electronic communications networks and the electronic certification, in collaboration with Art. "

Coercion
Regarding the powers of each agency, to Art, it is mentioned in Article 5 that "the Agency has the powers of regulation, control, investigation, injunction, enforcement and sanctions ". Antic's side, it is noted that it "has the powers of surveillance, investigation, injunction, enforcement and sanctions."

The Ministry of Posts and Telecommunications, is explained as the development of ICT, and Antic Art must work together: "The Antic takes care of the advantage of internet access providers (Isp) and their license. Complexity in Art is that it was she who gives the license for telecommunications, mobile telephony, for example. But today on the terminal, there is the telephone and the Internet. That is why the two are forced to work together. There is no risk of conflict of jurisdiction. "

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