2068.1.b.Q2 Explain USO (Universal Service Obligation) and USA (Universal Service Access) under Telecom Policy 2060.

According to Telecommunication Policy, 2060 (2004 AD) in Nepal, there are 12 different strategies, among them the strategies related to USO and USA are as follows:

Strategies

1. Universal Access to the Telecommunication Service:

The telecommunication service shall be extended in a manner that there shall be universal access to the service. The telecommunication service shall be made available to the consumers through the shared telephone. Emphasis shall be given to extend telephone as fixed, mobile, etc. therefor. The satellite system may also be applied for extension of service. Other services pertaining to information and communication shall be made available through the Community Centre.

2. Universal Service Obligation:

The telecommunication service provider shall be required to provide service to any consumer of the urban areas immediately after ordering therefore.

Working Policy

5.1 Universal Access to the Telecommunication Service
5.1.1 The following Strategies shall be undertaken to provide the telecommunication service throughout the Kingdom by fiscal year 2063/64 (2006/2007).
5.1.1.1 The existing service providers shall be caused to extend their service without subsidies.
5.1.1.2 The mobile service providers shall be selected on the basis of the condition that the service shall be provided to the rural areas of the Kingdom without subsidies.
5.1.1.3 The service shall be extended to the rural areas in the Eastern Development Region through the licensed service providers on the basis of the least subsidies in 2060 (2003/2004).
5.1.1.4 The service shall be provided to the areas where the service is not available from the aforesaid measures through the service providers selected by means of tender on the basis of least subsidies in a manner that the amount shall be borne from the rural telecommunication fund for rural telecommunication development.

5.1.2 Arrangement shall be made to levy only one per cent customs duty on equipment to be imported by the telecommunication service providers to provide service to the rural areas. The Nepal Telecommunication Authority shall certify the equipment imported for providing service to the rural areas.

5.1.3 The telecommunication service shall be extended to the inhabitated place scattered in the remote and rural areas except Municipality and the use of rural telecommunication shall be made intensive. The rural telecommunication providers whose annual income is less than Rs. 2,000,000/- shall be exempted from license fee and annual fee to encourage them for the said activities.

5.1.4 The universal accessibility to the telecommunication service shall be implemented through the shared telephone or other telecommunication media. System of providing common use of telephone and providing opportunity to the telephone holders to re-sell the service to the other shall be kept open to make universal accessibility to the service by using the available facility to the maximum extent.

5.1.5 The rural telecommunication fund shall be set up for the rural telecommunication development. The rural telecommunication fee to be compulsorily paid by all the service providers, subsidies from His Majesty's Government and amount received from the donors shall be credited to the rural telecommunication fund. This fund shall be operated by the Nepal Telecommunications Authority.

5.1.6 The Nepal Telecommunication Authority shall develop principle and procedures for operation of the rural telecommunication fund by fiscal year 2061/62 (2004/2005). The Authority shall fix annual telecommunication fee. The rural telecommunication fund may be closed after accomplishment of the main objective of the fund.

5.2 Universal Service Obligation:
5.2.1 The service obligation shall be applied to a incumbent service provider (incumbent) to provide the service to all the consumers of the urban areas of the Kingdom immediately after ordering for such service. The incumbent service provider shall not be allowed to refuse to provide the service.

5.2.2 The service obligation shall be applied to the dormant service provider to provide service to the other service provider ordering therefor. The incumbent service provider shall be required to provide the service so demanded within one month. If the incumbent service provider fails to provide such service within one month, he/she shall be required to give information about the reason of delay and about the additional time required for providing service. The dominant service provider shall be required to compensate other service
providers for unreasonable delays, interruption or essential changes in the service without giving sufficient information. The other service provider shall also be required to compensate the incumbent service provider for loss and damage caused by the other service provider to the dominant service provider by irregularly using the service provided by the dominant service provider.

References:

Download Telecommunication Policy, 2060 (2004 AD) of Nepal 

2068.1.b Q1. What are the functions, duties and power of the controller of the office of the controller of certification? Explain.

According to Electronic Transaction Rules 2067,  the functions, duties and powers are as follows:-

1. While conducting an inquiry into the application under Rule 13, the Controller shall, if he/she deems appropriate to give a licence to the applicant, grant a licence to the applicant in the format as referred to in Schedule-3, within Sixty days from the registration of the application upon collecting Twenty-Five Thousand Rupees as a fee for the licence.
2. Where the Controller has, in addition to the documents attached with the application filed under Sub-rule (1) of Rule 12, requested the applicant for additional documents or details under Sub-rule (2) of Rule 13, then the date of receipt of such additional documents or details shall be deemed to be the date of registration of the application.
3. Upon investigation under Rule 13, the Controller shall, if he/she deems inappropriate to issue a licence to the applicant, have to inform the applicant with reason thereof in writing within Sixty days from the date of filing of the application.

Similarly, other functions, duties and powers of the Controller shall be as follows:

1. To monitor, cause to be monitored the functions performed by the Certifying Authority;
2. To carry out necessary supervision in relation to the matter as to whether or not the Certifying Authority has performed the duties as referred to in the licence , and, if it is not found to have been performed, cause it to be done accordingly;
3. To specify the quality standard of service to be rendered by the Certifying Authority;
4. To specify the terms required to be specified at the time of issuance of a licence to the Certifying Authority;
5. To appoint an auditor as per necessity;
6. To monitor the functions and activities to be performed by the Auditor;
7. To perform such other functions as may be specified by Government of Nepal from time to time; and
8. To perform such other functions as may be required to implement the objectives of the Act and these Rules.

References:

Download Electronic Transactions Rules 2064 (2007)

Download Information Technology Policy 2067 of Nepal