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

Mon Feb 5 13:55:46 EAT 2007

I think we have gone of the topic completely. And as one of the fighters for
an independent regulator, I do not think the situation is that bad. The
whole point is the history of where we came from and where we are today. If
you take a step back to KP&TC times, they were the regulator, the supplier
and even the consumer.

We have come such a long way and I must say the pending bill is meant to
take us even further in terms of regulation and developments.

Alex, relax we have seriously made a lot of progress. I don't remember a
time when a consumer would be able to directly address the PS (government)
and the service providers in one email and get not only their attention but
a response.

Let us not lose focus please!

--
Joseph Mucheru
Executive Director
mucheru at wananchi.com

> From: Alex Gakuru <alex.gakuru at yahoo.com>
> Reply-To: Kenya ICT Action Network - KICTANet <kictanet at kictanet.or.ke>
> Date: Sun, 4 Feb 2007 20:14:47 -0800 (PST)
> To: <mucheru at wananchi.com>
> Cc: <ke-intenetusers at bdix.net>
> Subject: Re: [kictanet] [Kictanet] Existing/Appropriate Regulatory Modelsfor
> OFC (Day 8 Cont'd)
> 
> Lucy,
>    
>> not to mention the fact that "independent" regulator is just but a theory,
>> and government >foot prints are all over the place...
>    
>   It was shocking to hear, in contempt of court, they publicly proclaimed that
> they were not "independent" but just a part of government (at the World Bank
> breakfast meeting three weeks ago). As far as I know, this contravenes a
> recent court ruling to the effect that CCK decisions are not tied to
> government policy. Thus far, CCK is a not a "regulator", perhaps a vested
> interests, sound proof glass house where consumer cries cannot reach?
>    
>   But welcome to Kenya, and see how our laws are flouted and court played, but
> when it comes to LICENSES... it is like "god" speaking to sinners. And all the
> talk about fresh new laws...?
>    
>   When I learnt the poem "who killed Cock Robin" as a child, I had no idea it
> would make any sense in my grown life. But with the so many official barriers
> to affordable communication this robin poem
> <http://www.garden-birds.co.uk/birds/robin.htm> now makes a lot of sense.
>    
>   Have a laughly day.
>    
>    
>   Alex
>   Lucy Kimani <lkimani at comnews.co.ke> wrote:
>   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 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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