[kictanet] [Kictanet] Existing/Appropriate Regulatory Modelsfor OFC (Day 8 Cont'd)

Mon Feb 5 00:24:54 EAT 2007

Alex,

Just to add to what you say below, my take just by observing the various
players in the telecom industry these couple of months, as well as the
policy makers and those suppossed to be regulating/implementing these
policies is that there is too much "conflict of interest" and no wonder
the consumer gets a raw deal!

- A regulator that is more concerned with keeping the operators happy
rather than looking out for the tax payer paying their salaries not to
mention the fact that "independent" regulator is just but a theory, and
government foot prints are all over the place...
- Operators eager to keep the status quo, but in the meantime trying to
out do each other to steal, and or maintain the customer base, fighting
dirty comes to mind, or is it capitalism at its best?
- A government looking to grow the GDP and hopefully looking to lower the
bandwidth price in the process, but being pulled in different directions
by the various forces and one can only hope they dont wind up carrying the
donkey on their backs!!!

LK
oops!
>
> ... but seriously there quite a number of underlying issues. But in
> short:-
>
> 1. Regulator - Should begin by establishing a relationship framework with
> consumers and multi-located businesses and facilitate them with their own
> fibre rollouts- Remember it is cheap and can pass overhead on electric
> poles,  riverbeds, hills etc especially where big telcos do not find the
> business case to do it. Help change "LICENSE" a facilitative piece of
> paper not an intimidating  obstacle to consumer - affordable
> telecommunication.
>
> 2. Operators - they assist in the operations/management of
> consumer-customer owned last mile fibre and/or mash (2.4 and 5.8 GHz)
> networks
>
> 3 Government - Ministry of Information should ensure the wonderful
> consumer protection clauses in the ICT policy (and upcoming Information
> laws) do not end as relics. The implementation strategy has to be theirs.
> So don't ask me :-)
>
> 4. Everyone - to be honest.
>
> Briefest I could get.
>
> /Alex
>
> John Walubengo <jwalu at yahoo.com> wrote: Alex,
>
> Plse, to avoid information overload, plse give a preamble
> (executive summary) of what your links do elaborate in what
> I believe would be much detail.
>
> It will be much, much more helpful in that you would assist
> us in internalising the whole idea/model...so back to
> Mucheru's qtn.  How can/should the Consumers as one of the
> Key stakeholders engage with the others  namely, Regulator,
> Operator, Govt, in the future dispensation (when OFC has
> been provisioned?).
>
> walu.
> NB: we shall start on the Closing phase on Monday. I
> remembered Kenyans (and other African users?) are not
> active internet users on weekends..
>
> --- Alex Gakuru  wrote:
>
>> Glad to:
>>
>> Loss of internet users affects everyone and economic
>> retardation, knowledge society, will be washed away, just
>> like we lost fibre cable in 1995 see Vohra Speech <
>> http://www.isoc.or.ke/speeches/launch_vohra.pdf>
>>
>> Thus, read my frustrations in the light of the many
>> proposals made officially but nothing has ever been done.
>>
>>
>> Synopsis:
>>
>> 3 things for now maybe more later (if needed.)
>>
>> 1. Boost IT confidence for otherwise, there will not be
>> any market left for business, no e-government,
>> information society....
>>
>>
>> You can find them on
>> http://www.sweden.gov.se/sb/d/2156/a/22411
>>
>> The two reports are:
>>
>> - Policy for the IT society - Recommendations from the
>> members of the IT
>> Policy Strategy Group
>>
>> An overall document with recommendations on what the
>> government should do.
>> It includes information from the 2nd report...
>>
>> - Broadband for growth, innovation and competitiveness
>>
>> > In April 2004 the Government´s IT Policy Strategy Group
>> set up a
>> > working group on IT infrastructure and broadband. The
>> primary task of
>> > the working group has been to support the Strategy
>> Group by working,
>> > within the framework of a free market, for futureproof,
>> accessible,
>> > competitionneutral, technologyneutral and coherent
>> electronic
>> > communications networks, which are capable of meeting
>> the challenges
>> > of the future. This report summarises the discussions
>> and proposals.
>>
>>
>>
>> 2. Because Regulator apparently never catchup, then
>> establish consumer complaints portal (something like
>> http://spokane.bbb.org/)
>>    - ICT policy provides for consumers to frequently
>> their concern areas ( a pity all our labored official
>> documents were pulled down and replace with a template at
>> www.information.go.ke documents.
>>    - Consumers register complaints against businesses at
>> this portal. When the company addresses the issue, the
>> complaint is struck off. governments not allowed to
>> transact with business above certain complaints ratio -
>> Promotes business ethics.
>>    - Register members=>Consumer make responsible
>> complaints not malicious to their competitors
>>
>> 3. Regulation.
>>
>> What is self regulation?
>>     - A corporate basement corner "self-regulation" desk
>> or acceptance to complaints, criticism and  accepting the
>> impact of one's action to others
>>     - Regulator will have a "regulatory" job in this
>> environment
>>     - Currently consumer complaints collected by CCK just
>> accumulate dust in their archives and this would be  a
>> good way to  measure their performance contracts.
>> (Business disputes area addressed in a flash) record. So
>> in a way consumers, will "regulate" the Regulator.
>>
>> This is just a synopsis let me know if it suffices
>>
>> Alex
>>
>> Joseph Mucheru  wrote: Alex,
>>
>> I may have missed you post, but have you proposed an
>> appropriate
>> Consumer/Business/Regulatory structure that you believe
>> will work? It would
>> help to have an idea of what you are proposing as a
>> structure.
>>
>> Thank you
>>
>> --
>> Joseph Mucheru
>> Executive Director
>> mucheru at wananchi.com
>>
>> > From: Alex Gakuru
>> > Reply-To: Kenya ICT Action Network - KICTANet
>> > Date: Fri, 2 Feb 2007 00:36:43 -0800 (PST)
>> > To:
>> > Cc:
>> > Subject: Re: [kictanet] [Kictanet] Existing/Appropriate
>> Regulatory Models for
>> > OFC (2days)
>> >
>> > Kenya has been profusely bleeding internet users.
>> >
>> > In 2005, we had  1.5 million internet users but in Sept
>> 2006, ITU revised the
>> > number to 1 million. CCK then urged some of us who
>> raised this concern that
>> > they disputed the figure and urgently launched an
>> Internet users study-census
>> > on 01 Nov 2006 at Mbagathi.  We  were all promised to
>> be called back before
>> > end December 2006 for study findings. That never
>> happened and January just
>> > end.
>> >
>> > Two week ago at the World Bank RCIP meeting at the
>> Jacaranda Hotel, the PS in
>> > his presentation stated the number of internet users to
>> be 1.25 million.
>> >
>> > Question, Going by the PS data, what could be causing
>> internet  loss in Kenya?
>> >
>> > Eight years after CCK was formed and section 23 and 47
>> of the communications
>> > act introduced, The Regulator is yet to show 1
>> practical initiative they have
>> > ever implemented to protect consumers. Consumer
>> protection, it would appear,
>> > is petulant and the law is broken without a blink while
>> the Regulator embarks
>> > on situation containment-management, and life goes on.
>> >
>> > Is it time for Civil society to divorce itself from
>> over engagement on
>> > commercial arrangement discussions between government
>> and business and
>> > re-dedicate itself to serving the voiceless?
>> >
>> > Will all this fibre talk  translate to real consumer
>> cost savings or are they
>> > just the usual public marketing of the wonderful world
>> to come, but as usual
>> > just in the future to keep hope high?
>> >
>> > In the meantime we continue talk on fibre while a third
>> of our internet users
>> > are lost.
>> >
>> > Alex Gakuru
>> >
>> >
>> > Rebecca Wanjiku  wrote: the question of regulation
>> > is tricky but as Kihanya points out, it is going to
>> take a lot of
>> > consultations and concessions between government and
>> other stakeholders if the
>> > OFC is to work and serve the intended purposes,
>> >
>> >   True, other countries have deregulated but what do
>> you do in a country like
>> > say, Kenya where the anti monopolies commissioner is
>> not in the fore front of
>> > addressing  issues, am sure many people on the streets
>> may not know the
>> > existence of that office.
>> >
>> >   In the article by Roland Alden that Walu has
>> recommended, he argues that
>> > many African govts have been resistant to change and
>> adds that what is needed
>> > is regulation liberalization. Maybe thatâ€™s what is
>> needed.
>> >
>> >   But how do we start talking of deregulation when we
>> canâ€™t agree about the
>> > Act that will govern some of these issues.
>> >
>> >   I may not be well versed with the law but am sure
>> with the technological
>> > development, there will arise disputes that were not
>> envisaged in our current
>> > laws, how do we deal with that within the judicial
>> system, we need an ACT
>> >   Roland further contends that in some cases,
>> regulators may have ordered a
>> > party to fulfill its part of the bargain, but when it
>> failed, the judicial
>> > system "rarely provided any meaningful" compensation to
>> the aggrieved party.
>> >
>> >   Regulation, deregulation, appropriate law, and am
>> sure
> === message truncated ===>
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>
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