OVERVIEW OF THE POLICY ,LEGAL AND REGULATORY

FRAMEWORK

HISTORICAL BACKGROUND

Road to ICT Sector Reform • Amongst Government’s Reform agenda between

1996-98 was liberalization and restructuring of the telecommunications sector i.e.:

– separation of postal and telecommunications services;

– selling of 30% shares to a strategic investor and public flotation;

– joint ventures for cellular phone; and

– liberalization of pay-phones and VSAT

Road to ICT Sector Reform Cont..

• In January 1997, the Ministry of Transport and Communications published the Postal and Telecommunications Policy Statement that provided:

– roadmap for restructuring (split of KP&TC)and liberalization of sector.

–Orderly expansion and modernization of sector up to the year 2015

• Subsequent amendments in 1999, 2001 and 2006

Road to ICT Sector Reform – the Law • 1998 Kenya Communications Act • Established CCK to regulate and license

telecommunications, radio communications & postal services

• Provisions on licensing procedures • General provisions on telecom, radio com & postal

services + offences • Established National Communications Secretariat

(NCS) to advise govt. on policy • Established Communications Appeals Tribunal-to

arbitrate in disputes arising under the Act

Mandate of the CCK Licensing and regulating telecommunications, radio communications systems and postal services in communications industry

Managing the Countries Frequency spectrum and numbering resources

Facilitate development of e-commerce

Type approving communications equipment for use in the Country

Mandate of the CCK Cont…

Protecting consumer rights within the communications environment;

Managing competition in the sector to ensure a level playing ground;

Regulating retail and wholesale tariffs for communications services;

Managing the Universal service Fund;

Monitoring compliance with the Act.

Regulatory Framework

Regulations made in 2001

Industry consultation

Covers

• telecommunications services,

• radio-communication (other than radio-communication restricted to receiving of public broadcasting);

• radiation of elector-magnetic energy;

• resistance to interference; and

• postal services.

New Mandate -KCAA No. 1 Of 2009

KICA Regulations 2009/10

• KCR 2001-one consolidated document on various areas

• Reviewed in 2009/2010 to bring up to date with technological developments and changes in the policy and law.

• Separate Regulations for each area

KICA Regulations 2009/10

INFORMATION AND COMMUNICATION (AMENDMENT) ACT 2013

Rationale For Changes

• Informed by the spirit of Articles 34 and 35 of the Constitution 2010.

• Technological advancement and convergence in the ICT sector

• Growth in ICTs and competition in the sector

1. GOVERNANCE STRUCTURE a) New Body

• CCK renamed to Communications Authority of Kenya.

• The Authority unveiled its new brand identity on 24th June 2014.

b) Independence of the Authority

• The new law amends section 5 A by providing independence of the Authority from control of Government, political and commercial interests save for policy guidelines from the Ministry of ICT

• The Authority is expected to adhere to National values and principles of governance under Article 10 and 232 of the Constitution in the discharge of its mandate.

c) Board of Directors

• Establishes a Board consisting of a Chairperson and 10 members.

• It sets out an eligibility criteria, qualifications and elaborate appointing and removal procedures for the Board members.

• New Board of Directors already appointed under the new dispensation.

2. REGULATIONS

a) SIM card Registration The new law: • provides for detailed procedures for sale and registration of SIM cards by operators and their agents. • introduces responsibilities of telecommunication subscribers including reporting loss of SIM cards or change in identification details

6. UNIVERSE SERVICE OBLIGATIONS

• One of the key mandates of the Authority is to ensure access to ICT services in unserved and underserved areas.

• USF is established and its administration is vested on the Authority , which was to be assisted in this regard by the USAC.

• USAC’ s role is to advise the Authority on the administration of the Fund. The composition of members of USAC was enhanced to nine from

seven and new appointment procedures set out.

• Independence infused in the USAC through elaborate appointment procedures

• Submission of quarterly reports to the Board on the discharge of its functions

7.Universal service -contd