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CONNECTIVITY & REGULATION · SEMESTER 1 · MA IT LAW

The Effect of Mandatory Interconnection on Ghana's Telecommunications Infrastructure

Coursework written during my MA in Information Technology Law at the University of Ghana, 2025–2026. Presented as an academic working paper, not a peer-reviewed publication or current legal advice. Original language and arguments retained.

Introduction

Section 20(1) of the Electronic Communications Act, 2008 (Act 775) requires licensed network operators in Ghana to interconnect their networks with those of other operators.123 This obligation is central to ensuring nationwide connectivity and interoperability across telecommunications platforms. The framework was further strengthened by the Electronic Communications (Amendment) Act, 2016 (Act 910), which introduced a centralised interconnect clearinghouse to improve traffic management and service efficiency.124 This paper examines how these interconnection requirements have influenced the development of Ghana’s telecommunications infrastructure, particularly in relation to competition, network expansion, and overall sector efficiency.

Effect of Mandatory Interconnection on Ghana’s Telecom Infrastructure

The Electronic Communications Act facilitates infrastructure efficiency by allowing new operators to interconnect with existing networks rather than replicate costly physical assets.¹ By requiring the sharing of bottleneck facilities such as towers and underground conduits on non-discriminatory and cost-oriented terms, the framework lowers entry barriers and promotes service-based competition.² However, this approach carries the risk that smaller operators may prioritise leasing capacity over investing in independent infrastructure, potentially entrenching long-term reliance on incumbent networks.125

The interconnection mandate also empowers the regulator to manage structural market imbalances. This was demonstrated by the National Communications Authority’s 2020 designation of Scancom (MTN) as a Significant Market Power, following its dominance of the national voice market.126 In response, the regulator imposed asymmetrical interconnection rates to support smaller operators and preserve competitive conditions.127 While this intervention promotes market diversity, it also underscores the need for continuous regulatory oversight to prevent dominance from shaping infrastructure development unilaterally.

Finally, mandatory interconnection is intended to support rural expansion by reducing the cost of infrastructure deployment and encouraging coordinated network development. Despite these measures, access to telecommunications services remains disproportionately concentrated in urban areas, with persistent gaps in last-mile connectivity.128 This demonstrates that while interconnection transforms infrastructure into a shared national asset, legal mandates alone are insufficient to achieve full digital inclusion.

Comparative Analysis and Gaps

Comparatively, jurisdictions have adopted different approaches to interconnection and infrastructure development. In the United States, early resistance to mandatory interconnection encouraged parallel infrastructure deployment, resulting in a strong physical network base but also inefficient duplication.129 By contrast, the United Kingdom applies access-related conditions that seek to balance sustainable infrastructure investment with nationwide connectivity.130 While Ghana’s mandatory interconnection regime prevents wasteful replication of infrastructure, a significant digital divide persists because legal obligations alone have not ensured last-mile connectivity, particularly in rural communities where infrastructure remains concentrated in urban centres.131

Policy Recommendations and Conclusion

To address these gaps, Ghana should adopt a hybrid regulatory approach that retains mandatory interconnection while introducing targeted incentives for private infrastructure investment.132 This should be complemented by coordinated infrastructure deployment through cross-sector sharing, consistent with a dig-once policy, to reduce rollout costs and accelerate rural expansion. Ultimately, while section 20(1) provides a sound legal foundation for interoperability, the long-term development of Ghana’s telecommunications infrastructure depends on regulatory balance, sustained investment, and effective oversight rather than interconnection mandates alone.133

Source notes

  1. Electronic Communications Act 2008, s 20(1).
  2. Electronic Communications (Amendment) Act 2016, s 1.
  3. Ministry of Communications, National Telecommunications Policy 2005 (2005) 18, 21.
  4. Electronic Communications Act 2008, s 21.
  5. Alliance for Affordable Internet, Ghana Infrastructure Sharing and Open Access Study (Final Report, 2017) 16, 19, 41.
  6. National Communications Authority, ‘National Communications Authority Declares Scancom (MTN) as a Significant Market Power’ (Press Release, 9 June 2020).
  7. David Gabel and David F Weiman, ‘Historical Perspectives on Competition and Interconnection between Local Exchange Companies: The United States, 1894-1914’ in David Gabel and others (eds), Opening Networks to Competition (Kluwer 1998) 77.
  8. DLA Piper, ‘Existence of relevant interconnection/roaming regulations in United Kingdom’ (Telecommunications Laws of the World, 6 October 2022).
  9. Alliance for Affordable Internet, Ghana Infrastructure Sharing and Open Access Study (Final Report, 2017) 16, 26.
  10. Davide Strusani and Georges V Houngbonon, ‘Accelerating Digital Connectivity Through Infrastructure Sharing’ (IFC Note 79, 2020) 2.
  11. Luke Haggarty, Mary M Shirley and Scott Wallsten, ‘Telecommunication Reform in Ghana’ (World Bank Policy Research Working Paper 2983, 2003) 38.
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