[Response by Sophie Trémolet and Diane Binder, June 2009]
An important success factor for regulation lies in the clear division of responsibilities between regulators and policy makers. The boundaries between policy and regulatory decisions are sometimes difficult to establish. If the regulatory agency is subject to political pressure, then it may favour short-term political gains over long-term infrastructure development goals by setting low prices that would discourage further investments by private operators.
Whereas policy makers are in charge of defining social objectives and establishing regulatory frameworks, regulators should be responsible for translating these overall policy goals into practical rules, and verifying that those goals are effectively implemented. It is their responsibility to take into account poor consumers and to adapt the way in which the regulatory framework is implemented to improve services to them. Regulators would need to identify constraints related to service expansion to the poor and establish alternative rules to serve the interests of those customers specifically, in cooperation with policy makers.
Areas of responsibilities for regulators to meet social objectives previously set by policy makers include:
- Translating social goals into measurable targets: regulators need to specify coverage targets for providers and apply incentives and penalties to make sure those targets are met.
- Set out tariff level and structure: regulators need to strike a balance between three fundamental and often contradictory principles, cost recovery, equity and efficiency. On the one hand, regulators are responsible to make sure that service providers are financially sustainable and that they deliver services efficiently. Tariff below costs result in poor service, asset deterioration and an inability to invest to meet growing demand. Tariffs should therefore be set at a “reasonable price”. On the other hand, regulators need to take into account the specific needs of poor consumers and their affordability constraints, which may result in the design of “lifeline” tariffs or other subsidised tariffs for poor customers in the way they set tariff level and payment schemes, and may tend to set the lowest tariffs possible for poor consumers.
- Design alternative payment methods for the poor: regulators can allow flexible billing methods (through allowing the introduction of pre-paid meters or monthly instalments by service providers for instance) and allow for different service level in order to increase payment to providers.
- Advise policy makers on setting quality standards: regulators can play a significant role in recommending adjustments to quality standards set by policy makers in order to better reflect poor consumers’ preferences. They should be willing to let operators experiment with alternative standards in order to meet the needs of customers in poor areas.
- Resolve disputes and handle poor customers’ complaints: Service providers should be first and foremost responsible for dealing with customer complaints. Regulators can address customer complaints which have not been resolved successfully by service providers. In order to reach poor customers, it might be necessary to establish specific mechanisms to deal with their complaints, as they may not be able to access existing mechanisms (which require a certain level of literacy and awareness of the existence of such mechanism).