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

Mon Feb 5 16:24:14 EAT 2007

Hi,

Sincerely, I agree with you Alice. 

The problem in Kenya is somewhat summarized in the below email excerpt from distinguished internet and businesses models researcher who has indicated his willingness to come to Kenya to discuss with all stakeholders business, consumers, government, regulator et. al. on  the subject matter.

The "left" or "right" refers to the  heated and polarized global "network-neutrality" debate pitting consumers against providers. He offers a (third alternative and a) way out  of the fight (especially now that we have reached reconciliations phase) 

Furthermore, it is not enough to raise problems yet fail to suggest solutions.

It would be most appreciated if KICTANet members collaborated on this open conference.

/Alex

----excert----
whether you are from the right or left,  we must
find entirely new business models that will enable the financing of the next
generation last mile networks in an open affordable way. An unfettered
private sector is the best way to develop such new business models and
services. Some exciting possibilities are starting to emerge such as
customer owned and controlled fiber (which has been extremely successful
with schools, hospitals and business), Green Broadband,  and in far off New
Zealand initiatives like CityLink and Inspired Networks in Palmerston. I am
sure there are other possibilities - but we need both research programs such
as GENI and FIRE to develop new architectures and clever business people not
tied to the myopic backward looking carrier world to explore these new
business models.

---ends----

alice at apc.org wrote: Hi Alex and all

(Please note that my views/contributions to this debate are personal and do 
not in any way reflect the official view of the CCK)

There is normally quite a lot of tension between commitment and flexibility 
that all governments face when creating and implementing communications 
polices and rules. Primarily government is responsible for developing 
policy, which by extension establishes regulatory authorities which works to 
a mandate set by the legislation. The role of regulatory authorities is 
primarily facilitative it is not its role to provide detailed management of 
the sector and major policy issues should still be decided by government ( 
in the interest of the public read consumers)  with operators themselves 
taking care of commercial and operational matters.
Therefore the independence of a regulator cannot be absolute but it can and 
should operate with the sustained support of the government with which rests 
the ultimate responsibility for the health of the sector by the policies 
governments adopt and implement.

Back to Walu's question "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?)"

>From a consumer perspective what would be ideal would be to get involved in 
development of consumer protection policies and regulations which would 
provide users with all the information required to make informed choices 
thus deriving benefits from competitive service provisioning.
The regulators should also aim at maintaining public confidence through
    1. Implementation of suitable consultation mechanisms
    2.encouraging good practice by providers as well as provision of 
universal high quality service,
    3. Ensure all providers are treated fairly while assuring consumers if 
fairness in tariffs transparency in billing as well as opportunity to 
redress poor performance and/or misconduct

All the above and more should ideally be developed into a set of consumer 
affairs guidelines applying to all service providers in all categories, be 
it infrastructure etc and end users.

best
alice

----- Original Message ----- 
From: "Alex Gakuru" 
To: 
Cc: 
Sent: Monday, February 05, 2007 7:14 AM
Subject: Re: [kictanet] [Kictanet] Existing/Appropriate Regulatory 
ModelsforOFC (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 
>  now makes a lot of sense.
>
>  Have a laughly day.
>
>
>  Alex
>  Lucy Kimani  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?Ts what is
>>> needed.
>>> >
>>> > But how do we start talking of deregulation when we
>>> canâ?Tt 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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