[kictanet] Fw: [ISOC_KE] allAfrica.com: Kenya: Poghisio Appoints USF Board Members

Mon Feb 25 22:13:46 EAT 2013

Dear listers,
As an old student of ICT regulation, I beg to differ with Mr. Mutoro on the issue of USF.
The debate on the role of regulator and the separation of the roles of (government,operators and regulator) is reasonably well settled globally.

The WTO, GATS
Reference Paper defines “Independent Regulator” as ‘separate from, and
not accountable to, any supplier of basic telecommunications services. The
decision of and the procedures used by regulators shall be impartial with
respect to all market participants’. EU directive 97/51 requires
the establishment of national regulatory agencies and puts the condition that
these: ‘shall be distinct
from and functionally independent of all organizations providing telecommunications
networks, equipments and services’. However,
“independence” from government does not mean independence from laws and
policies of a country[1].
The regulator would act at arms length from the government but will work
closely with all relevant government departments, including on international
negotiations[2].
[1]World Bank,
Telecommunications Regulation Handbook, Module  1
[2]UK Communications White Paper,http://www.dti.gov.uk

In our case in Kenya, the policy on USF is contained in Gazette Notice no.2431 dated 31st March,2006, Section 8.4 which was finalised after extensive public consultations, including a final stakeholders meeting attended by over 200 delegates which considered all inputs by stakeholders.
The Kenya Communications( Amendment ) 2008, Section 84 merely concretizes the ICT  policy guidelines which were agreed by all stakeholders.
As clearly stated in KCA 2008,Section 84K, apart from licensees, there are four(4) other sources of USF and I wonder if it is reasonable to demand that each contributor be represented in the Universal Service Advisory Council while  KCA 2008,section 102A clearly outlines  the composition of the body. 

CCK is directly funded by operators(much more than USF) BUT it would be very strange if operators were granted positions in the CCK Board because of the " money" they contributed and the need to ensure their money is well spent.

 Mixing the roles of "Regulation" and "operations" , however well intentioned , will result in "Regulatory Capture" to the great  detriment of the very consumers we are trying to protect.

 More background material may be found in World Bank publication "Implementing Reforms in the Telecommunications Sector- Lessons from Experience"

John Kariuki

________________________________
 From: stephen Mutoro <smutoro at yahoo.com>
To: ngethe.kariuki2007 at yahoo.co.uk 
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>; "margaret at cofek.co.ke" <margaret at cofek.co.ke> 
Sent: Monday, 25 February 2013, 13:57
Subject: Re: [kictanet] Fw: [ISOC_KE] allAfrica.com: Kenya: Poghisio Appoints USF Board Members

Hi Walu,
Sorry to intercept your communication. This is one other issue (USF) that MOIC team will never succeed. How can you in all fairness ask for say up to Sh500M p.a from an MSP/MNO and then they have no representation on USF Board and therefore no say on how "their" money is used? The easier part is to gazette the names, the harder part is to get money into the "Fund". Days when people who own no means of production, in whatever sector, purporting to set radical rules are long gone. Regrettably, again, if an MSP/MNO pays such an mount annually, it ups its cost of doing business. Who eventually shoulders such costs?? You and I as consumers. Why is it so difficult for people at MOIC to engage 'stakeholders'? Can't wait to see new faces at the would be State Department (Ministry) in charge of Information and Communications. 

Stephen Mutoro
www.cofek.co.ke 

________________________________
 From: Walubengo J <jwalu at yahoo.com>
To: smutoro at yahoo.com 
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke> 
Sent: Monday, February 25, 2013 10:14 AM
Subject: Re: [kictanet] Fw: [ISOC_KE] allAfrica.com: Kenya: Poghisio Appoints USF Board Members

@Kivuva,

I do follow the PS around the middle class way - on twitter @Bantigo but it hasnt worked :-)

@ Rigia, the USF thing had not worked since the board had not been appointed and gazetted. Perhaps now it will take off successfully.

walu
~~~~~~~~~~~~~~~~~~~~~~~~~~~

From: Kivuva <Kivuva at transworldafrica.com>
To: Walubengo J <jwalu at yahoo.com> 
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke> 
Sent: Sunday, February 24, 2013 4:35 PM
Subject: Re: [kictanet] Fw: [ISOC_KE] allAfrica.com: Kenya: Poghisio Appoints USF Board Members

It seems the same names are recycled over and over again.

The article says we were asked to apply and refused. Did anybody see
such an offer?

Walu, you should up your lobbying. Make sure you have the minister's
and PS's ears. You've seen how some follow the PS like flies? Those
are the fruits

On 24/02/2013, Walubengo J <jwalu at yahoo.com> wrote:
>
> How comes me and Yawe never read our names on some of these boards? :-)
>
> walu
>
> ----- Forwarded Message -----
> From: Kelvin Githira <kgithira at gmail.com>
> To: isoc at orion.my.co.ke
> Sent: Sunday,
 February 24, 2013 9:07 AM
> Subject: [ISOC_KE] allAfrica.com: Kenya: Poghisio Appoints USF
 Board
> Members
>
> http://allafrica.com/stories/201302230595.html
>
>
> Sent from my iPad
> _______________________________________________
> isoc mailing list
> isoc at orion.my.co.ke
> http://orion.my.co.ke/cgi-bin/mailman/listinfo/isoc

-- 
______________________
Mwendwa Kivuva
For
Business Development
Transworld Computer Channels
Cel: 0722402248
twitter.com/lordmwesh
transworldAfrica.com | Fluent in computing
kenya.or.ke | The Kenya we know

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KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
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