[kictanet] Regulator allows telcos to join fund after 3-year tussle

Fri Jul 12 18:18:47 EAT 2013

thnx Eng. Kariuki for confirming that I am not being too academic...or esoteric as Makali would say.

Looks like CS Dr. Matiangi & PS Tiampati are either missing or ignoring your input :-) 

No offense meant at the able team at the National Communication Secretariate but maybe they need to ocassionally recall you from retirement to help set the record straight :-)

walu.

________________________________
 From: John Kariuki <ngethe.kariuki2007 at yahoo.co.uk>
To: Walubengo J <jwalu at yahoo.com> 
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke> 
Sent: Friday, July 12, 2013 5:54 PM
Subject: Re: [kictanet] Regulator allows telcos to join fund after 3-year	tussle

Walu,Listers,
If the report is correct and if the fund will be managed by CCK then fundamental governance issues will arise.
The fundamental reference here is World Trade Organization and I quote some excerpts below:

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’.

Further EU puts it as below:
"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’.

So without going into a long debate,I wonder how, in the above circumstances, operators can sit in a committee of a regulator?

John Kariuki.

________________________________
 From: Walubengo J <jwalu at yahoo.com>
To: ngethe.kariuki2007 at yahoo.co.uk 
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke> 
Sent: Thursday, 11 July 2013, 17:27
Subject: Re: [kictanet] Regulator allows telcos to join fund after 3-year tussle

@GG,

not sure if this is true -that Telco Operators  will now sit on the Universal Service Adv Council.  Also not sure if this follows the input Stakeholders gave at Karen on Tue during the stakeholders meeting.

I do understand why Operators would want to sit on this council - to ensure their financial contribution is not embezzled or misused. However, this may create a governance challenge, given my understanding of what the universal service fund is meant to address. Which is to allow government to raise some funds from Operators and then use the same to move communication services into non-economic areas. 

So one would expect some "independence" in terms of the Regulator determining which areas is non-economic, which services are needed there and which Operator will be selected to deliver the same.  Am not sure how Operators sitting on this council will offer objective and independent counsel on such a matter where they will obviously be an interested party.

What is likely to play out  in this Universal Advisory Council is the big-man syndrome - that is, I see for example, Safaricom as an Operator may want to remind other that their 0.5% contribution is the highest, so their comments on which area is non-economic, which services are needed and which operator will provide the same may take precedence.

Maybe am being too academic?  What is the practice in other jurisdictions for members of this council?

walu.

________________________________
 From: Grace Githaiga <ggithaiga at hotmail.com>
To: jwalu at yahoo.com 
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke> 
Sent: Wednesday, July 10, 2013 10:49 PM
Subject: [kictanet] Regulator allows telcos to join fund after 3-year tussle

IN SUMMARY
	* Communications Commission of Kenya (CCK) said it had expanded the membership of the Universal Service Advisory Council (USAC) to nine from six to include representatives of the telcos, broadcasters and postal operators.
	* The move ends a three-year standoff that had stalled the fund, which was to receive 0.5 per cent of revenues from firms regulated by the CCK like Nation Media, Safaricom and Postal Corporation of Kenya.
http://www.businessdailyafrica.com/Corporate-News/Regulator-allows-telcos-to-join-fund-after-3-year-tussle-/-/539550/1911224/-/item/1/-/74b9ja/-/index.html 
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 ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.

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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