legal overview by the ca
TRANSCRIPT
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OVERVIEW OF THE POLICY ,LEGAL AND REGULATORY
FRAMEWORK
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HISTORICAL BACKGROUND
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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
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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
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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
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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
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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.
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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.
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New Mandate -KCAA No. 1 Of 2009
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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
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KICA Regulations 2009/10
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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
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1. GOVERNANCE STRUCTURE a) New Body
• CCK renamed to Communications Authority of Kenya.
• The Authority unveiled its new brand identity on 24th June 2014.
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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.
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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.
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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
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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.
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• 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
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