Over the years, the telecommunications sector has undergone numerous technological transformations.
- The 1995 reform
In Côte d'Ivoire, as in many other parts of Africa, national regulations for many years placed telecommunications in a state monopoly. This choice was primarily justified by national security concerns.
In 1995, the Ivorian government initiated a structural reform process in the sector, culminating in the adoption of Law No. 95-526 on July 7, 1995, which established the Telecommunications Code.
The major innovation introduced by this reform was undoubtedly the emergence of mobile telephony, facilitated by a comprehensive privatization reform in the Ivorian telecommunications market, which included the granting of operating licenses in 1996 to three mobile operators: Comstar, Ivoiris, and Telecel.
The Telecommunications Code of 1995 served as a valuable lever supporting the liberalization efforts in Côte d'Ivoire's sector. However, this code also created legal gaps that fostered the occurrence and persistence of recurring conflicts among market players, thereby creating bottlenecks detrimental to market development. This highlighted the necessity for a new reform.
The 2012 reform
Established by Ordinance No. 2012-293 dated March 21, 2012, concerning Telecommunications/ICT, marked a significant departure from the previous regulatory framework. This reform introduced a series of measures aimed at fully liberalizing the telecommunications market, stimulating competition, protecting consumers, and promoting investment and digital development in Côte d'Ivoire.
A key feature of this reform is the functional separation of regulatory bodies within the sector. The enactment of Ordinance No. 2012-293 established a new institutional framework, which notably includes the creation of:
Frequency Management Authority (AIGF)
The Ivorian Agency for the Management of Radio Frequencies (AIGF) is a state-owned enterprise responsible for the planning, allocation, assignment, and control of radio frequencies. The primary missions of the AIGF include:
Ensuring the planning, allocation, and control of radio frequencies while addressing the needs of administrations and authorities responsible for frequency allocation.
Establishing the national frequency allocation table and maintaining the frequency usage database.
Monitoring frequency usage in accordance with individual licenses and authorizations granted, as well as the records in the frequency register, and notifying frequency assigners of any identified anomalies.
Authorizing and coordinating the establishment of radio stations and sites of all types within the national territory to optimize the use of available sites and ensure compliance with applicable national and international regulations.
Preparing and advocating for Côte d'Ivoire's position in international negotiations related to frequency management.
Processing assignment requests related to satellite systems.
Ensuring the registration of radio frequencies with relevant international bodies.
Safeguarding national interests in the domain of radio frequencies and protecting orbital positions reserved for Côte d'Ivoire.
Contributing to the state's missions in defense and public security in relation to radiocommunications.
The National Agency for Universal Telecommunications/TIC Service (ANSUT) is a state-owned entity with the following primary missions: - Implementing universal service programs on behalf of the state.
Developing specifications for universal service programs in electronic communications.
Monitoring the execution of universal service programs on behalf of the state and the Regulatory Authority.
Conducting financial oversight of universal service funding through the collection of fees owed by operators and providers of electronic communication services, as well as financing universal service programs.
Managing investment operations funded by the state in the field of electronic communications.
Regulatory Authority (ARTCI)
The Telecommunications and ICT Regulatory Authority of Côte d'Ivoire (ARTCI) operates as an independent administrative authority with legal personality and financial autonomy. ARTCI has been entrusted with the mission of regulating the electronic communications sector on behalf of the state. ARTCI is structured as follows:
Regulatory Council: A jurisdictional body whose decisions are provisionally enforceable and can only be appealed in the Court of Appeal.
General Directorate: A technical body responsible for the day-to-day management of technical, administrative, and financial affairs.
The missions assigned to ARTCI by Ordinance No. 2012-293 of March 21, 2012, concerning Telecommunications and ICT in Côte d'Ivoire, along with other regulatory texts, encompass several areas:
Regulation of the telecommunications and ICT sector.
Regulation of the postal sector.
Security of networks and information systems.
Protection of personal data.
Management of electronic transactions.
Management of domain names (.ci) and Internet addresses of Côte d'Ivoire.
ARTCI thus serves as a multisectoral regulator with responsibilities spanning multiple strategic domains for the digital economy of Côte d'Ivoire. Specifically, these responsibilities include:
Telecommunications: Ensuring the availability, quality, and accessibility of telecommunications services at affordable costs.
Postal Services: Guaranteeing reliable and accessible postal services that meet user expectations.
Cybersecurity: Implementing measures and mechanisms to secure infrastructures, systems, and data circulating on networks.
Electronic Transactions: Ensuring the security of electronic transactions to foster user trust in the digital economy.
Protection of Personal Data: Safeguarding users' personal information to create a trustworthy environment for digital exchanges.
Domain Names: Managing the allocation and administration of domain names, particularly those ending in .ci, to enhance the digital presence of the country.
By covering these areas, ARTCI has been established as a key regulator in the digital transformation and modernization of the economy. The 2012 reform is characterized by:
1. Introduction of a New Unified License:
Replacing multiple licenses with a single,
comprehensive license for telecommunications operators.
2. Strengthening Competition:
Granting ARTCI enhanced powers to ensure competition and protect consumers,
including prohibiting anti-competitive practices and promoting equitable access to infrastructure and services.
3. Improving Consumer Protection:
Establishing a consumer protection regime with clearly defined rights and obligations for operators and users of telecommunications services, mandating operators to provide quality services at affordable prices.
4. Promoting Investment:
Creating a more stable and predictable legal and regulatory environment for investors,
including tax incentives to encourage investment in the telecommunications sector.
The internet market has greatly benefited from this reform, evidenced by the entry of several Internet service providers such as Aviso, Afnet, AfricaOnline, and GlobeAccess, as well as the proliferation of cybercafés that have gained significant popularity among the population. Until 2012, cybercafés were the primary means of accessing the internet in Côte d'Ivoire. According to a study conducted by ARTCI in 2009, over 72% of internet connections were established in cybercafés.
In addition to the 2012 ordinance, further laws adopted in 2013 aimed to regulate usage and ensure the protection of personal data and privacy in cyberspace, including:
The law on combating cybercrime.
The law on the protection of personal data.
The law on electronic transactions.
These texts were supplemented in 2017 by the law guiding the information society in Côte d'Ivoire and the ordinance on electronic exchanges between users and administrative authorities, as well as among administrative authorities.
This regulatory framework ensures the harmonious development of information and communication technologies. Furthermore, the Ivorian state, aware of the challenges posed by a constantly evolving digital world, adopted various strategies in 2021, including the National Digital Development Strategy 2021-2025 (SNNCI), the National Innovation Strategy 2021-2025, and the National Cybersecurity Strategy 2021-2025, aimed at creating synergy around digital initiatives and coordinating various efforts in this area.
The law No. 2024-352 of June 6, 2024, on electronic communications,
addresses persistent challenges despite notable advancements and dynamism in the sector, particularly the lack of clarity and coherence in regulatory texts and the operational limitations of the 2012 ordinance and subsequent texts, revealing contradictions, ambiguities, and overlaps in missions among institutions and governance bodies.
This situation led to the adoption of law No. 2024-352, which aims to support the harmonious development of the electronic communications sector, in line with the government's intention to make the digital economy a growth engine for Côte d'Ivoire. The objectives of this new law include:
Ensuring effective protection of strategic networks and electronic communications infrastructures for the state and the population.
Promoting free and effective competition in the establishment and operation of publicly accessible electronic communications networks and the provision of electronic communications services in the interest of users.
Defining rules to ensure effective user protection.
Facilitating access to electronic communications services for a larger number of people and promoting digital territorial development.
Promoting the socio-economic development of the country through the growth of the electronic communications sector.