“Telecommunications networks and services are fully opening up to competition, without discrimination or advantage for any operator, whether historical, public, or private.” The draft law on electronic communications and digital infrastructure, submitted to the National Assembly last week, clearly states its objective. The explanatory memorandum notes that it “formalizes the end of all monopolies and exclusive or reserved rights in the sector.” However, this opening to competition is accompanied by clear mechanisms for investment protection, assures the Minister of Digital Development, Posts, and Telecommunications, Mahefa Andriamampiadana. This includes the “strengthening of the principle of pricing freedom,” a “break from the logic of administered price management,” and guarantees of stability for the framework applicable to investors.
For the ministry, this bill is based on “a single doctrine: opening up competition without discouraging the market.” It invites investors to build infrastructure by ensuring their investments are protected, while emphasizing that “the market remains open” to others. The Minister cites the example of infrastructure construction, “which requires considerable investment, committed over several years, with profitability measured only over the long term.” The goal is to protect investment without protecting an acquired position. “The law does not protect a particular operator; it sets general rules applicable to all, present and future,” the Minister emphasizes.
To provide this visibility, Article 111 of the draft provides a guarantee of stability for the legal, tax, customs, and financial regimes applicable to operators for the duration of their license. “Investing today must be done with sufficient visibility regarding the rules of tomorrow,” explains Mahefa Andriamampiadana. The State retains the possibility of taking non-discriminatory measures justified by national security, public order, public health, or service continuity.
To encourage investment, the Minister highlights pricing freedom, ensuring that “those who choose to rely on these infrastructures should not benefit from conditions that would disadvantage those who bore the risk and cost of the initial investment.” Article 51 stipulates that while operators are required to offer access and interconnection, “technical and tariff conditions can be freely negotiated between parties.” The regulatory authority will only intervene in case of failure or dispute, ensuring “fair, transparent, and non-discriminatory conditions to protect the interests of the party that has already invested.”
The bill also encourages infrastructure sharing to “reduce costs and avoid duplication.” It makes the pooling of passive infrastructure a “priority principle for network deployment.” Finally, the bill aims to break with historical advantages. Article 7 establishes the principle of abolishing legal monopolies and exclusive rights, marking a shift from historical privileges to “the same rules for everyone.”
Captured & Published at: 2026-09-01 10:23:35 (Madagascar Local Time EAT)
Original Source: https://www.2424.mg/reforme-legislative-une-nouvelle-loi-pour-ouvrir-la-concurrence-sans-decourager-linvestissement-et-pour-proteger-linvestissement-selon-le-mndpt/
