[kictanet] Fwd: [Skunkworks] Do commercial web portals and sites fall into Content Service Provider category?

[Barrack Otieno]

Interesting discussion that might have some policy implications in light of
the shift towards content management

---------- Forwarded message ----------
From: aki <aki275 at googlemail.com>
Date: Fri, Sep 18, 2009 at 8:44 PM
Subject: [Skunkworks] Do commercial web portals and sites fall into Content
Service Provider category?
To: Skunkworks forum <skunkworks at lists.my.co.ke>


Does anyone know if the above case is so? And what happens to the informal
ICT sector where professional, experienced individuals or small office/home
office types, self employed want to develop the above as legit business?
Looking into the details of the category license, reveals a concealed fate
for small investors, which means a non-starter :

-"*Content Services*" means information of any kind normally provided at a
fee and is delivered over electronic communications networks and services.
They include broadcasting content, financial information services and other
information society services.

-Within NINE (9) months from the Effective Date, the Licensee shall
establish and maintain efficient information services to assist any person
to answer questions regarding products, services, and any other reasonable
questions relating to the Licensed Services

-  Within nine (9) months from the Effective Date, the Licensee shall submit
to the Commission the accounting principles which relating to the running of
the Licensed Systems and which allows the recording of investments, expenses
and revenues in accordance with Generally Accepted Accounting Principles
(GAAP) in Kenya.15.2. Within sixty (60) days of the end of each fiscal year
of the Licensee, the Licensee shall deliver to the Commission its balance
sheet as at the end of such fiscal year and the related statements of
operations, equity and cash flows, in each case accompanied by a report
thereon of independent auditors stating that such financial statements
fairly present the financial position of the Licensee at the dates indicated
and were prepared in accordance with accounting principles submitted to the
Commission in accordance with 15.1 above.

-In particular, by the 15th July of every year or as agreed by the
Commission, the Licensee shall submit a Compliance Report detailing the
performance of the previous operational year ended 30th June.

- The Licensee shall pay to the Commission:21.1. An initial Licence fee
amounting to Kenya Shillings one hundred thousand (KShs.100,000).

-On 1st July of each year, an annual operating fee equivalent to
zero-point-five percent (0.5%) of the audited annual gross revenues accruing
from the Licensed Services during the previous financial year or Kenya
shillings one hundred thousand (KShs. 100,000) only whichever is higher.

*I highlight these point as at some stage it will affect many. Who knows,
you could be selling things from your site portal using mpesa/zap etc and
the next thing you know you are operating illegally.*
**
*Rgds.*

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-- 
Barrack O. Otieno
Administrative Manager
Afriregister Ltd (Ke)
P.o.Box 21682
Nairobi 00100
Tel:
+254721325277
+254733206359
Riara Road, Bamboo Lane
www.afriregister.com
ICANN accredited registrar.
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