[kictanet] Implementation of a Unified Licensing Framework & New, Market Structure

alice alice at apc.org
Thu Feb 7 09:51:41 EAT 2008


  For the full document please see: 
http://www.cck.go.ke/current_consultations/


Implementation of a Unified Licensing Framework & New Market Structure

1. Preamble

In 2004 the Commission announced its intention to implement a unified 
licensing framework as
a mechanism of harnessing the emerging technological opportunities as 
well as address the
attendant regulatory challenges. The intention came about as a result of 
the realisation that
technological convergence within the ICT sub-sector had rendered the 
long held technological
oriented licensing approach untenable.
Consequently the Commission adopted the principle of technology 
neutrality in the licensing
framework and allowed any form of communications infrastructure to be 
used to provide any
type of communications service that it is technically capable of 
providing including VoIP.
The Commission further adopted in principle a unified licensing and 
regulatory model with the
following as the main segments of the future market structure:
• Network Facilities Provider (NFP) – who shall own and operate any form of
communications infrastructure (based on satellite, terrestrial, mobile 
or fixed)
• Applications Service Provider (ASP) – to provide all forms of services 
to end users
using the network services of a facilities provider
• Contents Services Provider (CSP) – to provide contents services such 
as broadcast
(TV& Radio) material, and other information services and data processing 
services
etc.

Having taken this important matter through the initial consultation 
phase, the Commission has
drawn up a new market structure herewith attached as Annex 1 as well as 
develop a set of
principles and guidelines which it intents to use in the implementation 
of this new framework.
The said principles and guidelines are presented in section 2a below.
The Commission envisages that the implementation of this framework shall 
have a positive
impact and draw benefits to the existing operators, consumers as well as 
the whole economy at
large.


2. Consultation Process
The 1st phase of the consultative process on this important subject 
matter was carried out both
within the industry as well as with other stakeholders. Analysis of the 
responses received as well
as the Commission’s views is presented in Annex 2 & Annex 3. see 
http://www.cck.go.ke/current_consultations/

The Commission now wishes to invite comments/contributions on the 
proposed market structure
as well as the said set of principles and guidelines ( 
http://www.cck.go.ke/current_consultations/) on the subject matter.


Respondents are required to ensure that their written submissions reach 
the Commission on or
before 29th February 2008.





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