[kictanet] The tables are turned

[Eric Osiakwan]

Micheal,

When one party cannot agree on a commercial arrangement then there  
cannot be an arrangement and thats when the regulator setps in or one  
goes to court for some third party to be involved. If Safaricom and  
Telkom Kenya had agreed on this commercial issue then CCK wont be  
darwn in, may be there is some details i dont know.

Does the CCK Act that brought it into force not provide for CCK to  
mediate on commercial issues between operators when they cannot agree  
between themselves?

Eric here


On 22 Oct 2007, at 17:40, Michael Joseph wrote:

> Eric:
>
>
>
> I am for genuine arbitration where parties cannot resolve issues  
> but not for misusing the CCK when a parties cannot agree on a  
> commercial arrangement. This is not a regulatory issue but a  
> commercial one.
>
>
>
> Regards,
>
>
>
> Michael
>
>
>
> CEO
>
> Safaricom Limited
>
>
>
> From: kictanet-bounces+mjoseph=safaricom.co.ke at lists.kictanet.or.ke  
> [mailto:kictanet-bounces 
> +mjoseph=safaricom.co.ke at lists.kictanet.or.ke] On Behalf Of Eric  
> Osiakwan
> Sent: Monday, October 22, 2007 2:40 PM
> To: Michael Joseph
> Cc: APC - Private list for use by EASSY Workshop Participants;  
> KICTAnet ICT Policy Discussions
> Subject: Re: [kictanet] The tables are turned
>
>
>
> Micheal,
>
>
>
> The intent of my submission is also not on the media one sidedness  
> or if we got the full story or not.
>
>
>
> Am alluding to the trend that our regulators are becoming a good  
> mediation point when commercial elements do not work like what you  
> allude to and thats a good development for the general commercial  
> enterprise except you not for that?
>
>
>
> Eric here
>
>
>
>
>
> On 22 Oct 2007, at 16:53, Michael Joseph wrote:
>
>
>
>
> What you have not mentioned whether the complaint had any merit and  
> whether the Parties could not have resolved it between themselves  
> rather than relying on the CCK to mediate every commercial dispute.  
> There is much more to this than just the one-sided view quoted by  
> the media but we have chosen not to try to resolve our disputes  
> through the media.
>
>
>
> Regards
>
>
>
> Michael
>
>
>
> CEO
>
> Safaricom Limited
>
>
>
> From: kictanet-bounces+mjoseph=safaricom.co.ke at lists.kictanet.or.ke  
> [mailto:kictanet-bounces 
> +mjoseph=safaricom.co.ke at lists.kictanet.or.ke] On Behalf Of Eric  
> Osiakwan
> Sent: Sunday, October 21, 2007 12:27 AM
> To: Michael Joseph
> Cc: APC - Private list for use by EASSY Workshop Participants;  
> KICTAnet ICT Policy Discussions
> Subject: [kictanet] The tables are turned
>
>
>
> Dear All,
>
>
>
> We are really living in interesting times especially in the ICT  
> industry because a few years ago, it was the mobile operators and  
> ISPs who would be knocking on the doors of the regulator  
> complaining and sometimes weeping at the anti-competitive practices  
> of the imcumbent PTT towards them.
>
>
>
> Today the tables have turned and in Kenya as per the story below,  
> Telkom Kenya is rather asking CCK to put Safaricom in check because  
> they are acting anti-competitively on the SMS platform against  
> their CDMA operation. Five years ago, this would have being an  
> "incorrect prophesy" but it has happen sooner than all would have  
> expected.
>
>
>
> What is more interesting is the fact that Safaricom is 60% owned by  
> Telkom Kenya which is fully owned by government that means that the  
> mobile operators have become so powerful that the combined years of  
> PTT operation and their political forces cannot turn the tables  
> except the mediation of the regulator. This confirms Russell  
> Southwood's recent story of the emergence of the mobile operators  
> as the new incumbents of our time.
>
>
>
> May be one good thing is the fact that the mobile incumbents are so  
> powerful that not a combiantion of PTT operation and political  
> forces can impact them except the court of the regulator so the  
> political leadership in some of our countries would now see reason  
> to strengthen their regulators and make them independent enough to  
> be the pivot to balance the weight of the mobile operators against  
> their "cash cow" incumbents.
>
>
>
> Eric here
>
>
>
>
>
> Telkom Lodges SMS Petition Against Safaricom in Kenya
> In the fight for control of Kenya's lucrative telecoms industry,  
> competition is becoming a useful weapon in the hands of rival firms  
> -especially those that need to play the catch-up game to remain in  
> the race.
> This market share war has become so intense that players are  
> breaking all boundaries in the corporate rulebook.
> Five months ago, mobile phone service provider Celtel took its  
> bigger and only rival Safaricom before the market regulator,  
> accusing it of playing unfairly in the market to the disadvantage  
> of the consumer.
> Now it is the national operator Telkom's turn to lodge a landmark  
> complaint against its subsidiary -Safaricom.
> In its letter to Mr John Waweru, the Communications Commission of  
> Kenya director general, Telkom Kenya is accusing Safaricom of  
> practising anti-competitive behaviour in the market -especially in  
> the Short Messages Services (SMS) segment of the business.
> Telkom says Safaricom has been blocking the exchange of SMSs  
> between the two networks, thereby denying its customers access to  
> key services that the national operator is offering such as the one  
> that enables them to check their voter registration details with  
> the Electoral Commission of Kenya (ECK).
> "Telkom Kenya is concerned that Safaricom is engaging in anti- 
> competitive behaviour and in essence abusing its dominant market  
> position by introducing barriers to new entrants targeting SMS  
> market segment," Telkom says.
> Public attention was first drawn to the matter after some Safaricom  
> subscribers complained that Safaricom was charging them for  
> undelivered SMSs to Telkom Kenya's Wireless network. SMSs to Telkom  
> network got an automatic reply indicating that delivery had failed  
> yet the consumers were being billed.
> Safaricom CEO Michael Joseph acknowledged that some of its  
> subscribers had sent messages to Telkom Kenya during the test  
> period and may have been charged erroneously.
> He said that although the company was not billing SMSs to Telkom  
> Wireless network between August 13 and August 27, some of its  
> customers may have been billed. Safaricom later agreed to refund  
> the affected subscribers.
> Telkom says that on August 16, the two interconnectivity  
> negotiating parties met and agreed on interconnection rate and a  
> technical testing schedule.
> During this period the parties also exchanged SMS test templates to  
> be adopted in the tests. Safaricom has however not cooperated in  
> facilitating the process, making it unable to commercialise the  
> service.
> The matter seems to have reached fever pitch after Safaricom  
> introduced a voter registry query service similar to the one Telkom  
> Kenya had rolled out after it won an ECK tender.
> Telkom Kenya is complaining that failure by Safaricom to activate  
> the SMS service is affecting its ability to use an innovative  
> platform that delivers voter registry query services by utilizing  
> the 460 numeric to access the ECK database.
> Telkom Kenya says Safaricom acted maliciously in delaying to  
> activate the SMS service only to launch a similar service.
> "We are perturbed that Safaricom, having not been involved in the  
> initial tender process is currently able to provide a similar  
> services using the 460 prefix. This is a totally unacceptable anti- 
> competitive behaviour," Telkom says.
> Mr Joseph declined to comment on the matter saying it was already  
> before an arbiter.
> Telkom Kenya is the majority shareholder at Safaricom with a 60 per  
> cent stake. It co-owns the company with the United Kingdom's  
> Vodafone Plc which has a 40 per cent stake in the firm.
> (Source: Business Daily)
>
>
>
>
> Eric M.K Osiakwan
>
> Executive Secretary
>
> AfrISPA (www.afrispa.org)
>
> Tel: + 233.21.258800 ext 2031
>
> Fax: + 233.21.258811
>
> Cell: + 233.244.386792
>
> Handle: eosiakwan
>
> Snail Mail: Pmb 208, Accra-North
>
> Office: BusyInternet - 42 Ring Road Central, Accra-North
>
> Blog: http://blogs.law.harvard.edu/eric/
>
> Slang: "Tomorrow Now"
>
>
>
>
>
>
>
>
>
>
>
> The information in this email and any attachments is confidential  
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>
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>
> The contents and opinions expressed in this email are solely those  
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> If you are not the intended recipient please notify the sender and  
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>
>
>
>
>
> Eric M.K Osiakwan
>
> Executive Secretary
>
> AfrISPA (www.afrispa.org)
>
> Tel: + 233.21.258800 ext 2031
>
> Fax: + 233.21.258811
>
> Cell: + 233.244.386792
>
> Handle: eosiakwan
>
> Snail Mail: Pmb 208, Accra-North
>
> Office: BusyInternet - 42 Ring Road Central, Accra-North
>
> Blog: http://blogs.law.harvard.edu/eric/
>
> Slang: "Tomorrow Now"
>
>
>
>
>
>
>
>
>
>
> The information in this email and any attachments is confidential  
> and may be legally privileged. It is intended only for the use of  
> the named addressee.
> Emails are susceptible to alteration and their integrity cannot be  
> guaranteed. Safaricom Limited does not accept legal responsibility  
> for the contents of this email if the same is found to have been  
> altered or manipulated.
> The contents and opinions expressed in this email are solely those  
> of the author and do not necessarily represent those of Safaricom  
> Limited. Safaricom Limited disclaims any liability to the fullest  
> extent permissible by law for any consequences that may arise from  
> the contents of this email including but not limited to personal  
> opinions, malicious and/or defamatory information and data/codes  
> that may compromise or damage the integrity of the recipient’s  
> information technology systems.
> If you are not the intended recipient please notify the sender and  
> immediately delete this email from your system.
>

Eric M.K Osiakwan
Executive Secretary
AfrISPA (www.afrispa.org)
Tel: + 233.21.258800 ext 2031
Fax: + 233.21.258811
Cell: + 233.244.386792
Handle: eosiakwan
Snail Mail: Pmb 208, Accra-North
Office: BusyInternet - 42 Ring Road Central, Accra-North
Blog: http://blogs.law.harvard.edu/eric/
Slang: "Tomorrow Now"




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