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: 6