[kictanet] PUBLIC CONSULTATION ON LICENSING AND REGULATORY FRAMEWORK FOR DOT KE DOMAIN NAME REGISTRY SERVICE

[Kivuva]

Great points Adam.

______________________
Mwendwa Kivuva, Nairobi, Kenya.
twitter.com/lordmwesh
google ID | Skype ID: lordmwesh


On 17 February 2014 17:12, Adam Nelson <adam at varud.com> wrote:

> Kivuva,
>
> I agree with your points except the money situation.  The important thing
> is not how little the registry has to pay, it's how transparent its books
> and datasets are.  The registry that ends up with the license for the dot
> KE domain should be well run and transparent above all else.  If the
> engineers and team inside that organization are well compensated and they
> have the budget to create a better product, that's fantastic.
>
> I wrote a blog post that summarizes some of my opinions:
>
> http://varud.com/thoughts-on-the-the-new-draft-rules-for-dot-ke-published-by-the-communications-commission-of-kenya-cck
>
> They mostly come down to a few points:
>
> 1. The rules for the registry can be very restrictive, but I would most
> like to see a public-private partnership whose board is representative of
> the wider community (corporate, government, community members, academia).
>  Their decision making process and books need to be totally transparent and
> they need to have a website with really good information and data (no more
> PDFs, just web pages).
> 2. Allow registrars to resell .ke domain names with as few requirements
> and as little paperwork as possible.  Ideally, the registry (the
> administrators) who wins the tender would allow any registrar (the
> salespeople) who pays the annual fee as well as the per-domain fee, and
> accepts ICANN (or similar) dispute standards and Kenyan regulations, to
> sign up entirely online.  This really shouldn't be too much to ask for in
> 2014 especially when it comes to domain registration.
> 3. Make sure there are no requirements of registrars to have a physical
> location in Kenya (including servers).
> 4. Make sure that registrars do not need to be Kenyan companies.
> 5. It's fine if the registry has the capacity to easily suspend registrars
> for non-payment or not following the rules if this makes lowers the burden
> up front regarding how hard it is for a registrar to start reselling.
> 6. Open up second-level .ke domains like ihub.ke.  This does not mean
> that .co.ke and .go.ke need to disappear.
>
>
> -Adam
>
> --
> Kili - Cloud for Africa: kili.io
> Musings: twitter.com/varud <https://twitter.com/varud>
> More Musings: varud.com
> About Adam: www.linkedin.com/in/adamcnelson
>
>
> On Mon, Feb 17, 2014 at 4:22 PM, Kivuva <Kivuva at transworldafrica.com>wrote:
>
>>
>> The documents listed on the CCK website
>> http://www.cck.go.ke/links/consultations/current.html are not specific
>> on how CCK intends to transform KENIC, although Wambua and Dr. Macharia
>> tried giving some explanation that KENIC will remain as it is currently.
>> The current position is "KENIC is a not-for-profit entity".
>>
>> It would be great if CCK shared the framework document that advised them
>> on the direction they chose for KENIC. Grace Githaiga too has requested on
>> the framework document to be made public. The report from the consultant
>> that CCK hired should be shared with the public.
>>
>> Dr. Jimmy Macharia on his official response has stated that "KENIC is the
>> best suited entity to continue managing and operating the top Level .ke
>> ccTLD registry. That statement is subject to many interpretations and needs
>> more clarity.
>>
>> If we all had a common utilitarian interest for the Domain industry in
>> Kenya and for the end user, the direction for KENIC would have been very
>> clear and agreeable to all. And that sincere interest is to ensure KENIC
>> remains a NOT FOR PROFIT organization. CCK is soliciting views from the
>> pubic yet they have already made up their mind on the final outcome. That
>> defeats the whole purpose of public consultations. KENIC needs to be a
>> Public Interest Registry owned by the community and not a commercial entity
>> just like Nominet UK. The prices need to be made as low as possible to
>> maintain the registry, and at the same time allow registrars to flourish
>> and compete. The numbers that KENIC is operating at now are enough for it
>> to operate independently yet serve the interests of our Internet Community.
>>
>>
>> The document Review follows below:
>> http://www.cck.go.ke/links/consultations/
>>
>>
>> http://www.cck.go.ke/links/consultations/published_responses/ccTLD_Consulation_Paper_on_Licensing_Framework.pdf
>>
>> The Licensing Framework
>> page6
>> The Commission hereby submits the draft licensing framework for dot KE
>> Domain Name Registry Services for public review and comment s. The
>> licensing framework consists of the following documents:
>> i. Draft application form for the dot KE Domain Name Registry Services;
>> ii. Draft license conditions for Dot KE Domain Name Registry Services; and
>> iii. Draft procedures and guidelines for the provision of Dot KE Domain
>> Name Registry Services
>>
>> comment
>> ===
>> According to the documents posted online, the commission wants us to
>> debate on the application form, and license conditions for the new
>> commercial registry bidder, instead of the community debating on the new
>> entity's legal structure and the players in that structure. The documents
>> provided for public consultation do not address key legal issues, the
>> reason why the community totally ignored them.
>>
>>
>> (Page 3)
>> The licensing framework for Dot KE Domain Name Registry and the proposed
>> structure of a delegated regulation model will ensure that the Commission
>> plays a regulatory oversight role as envisaged in the Act and Regulations
>> while at the same time transferring the management of the Dot KE Domain
>> Name Registry to a commercial entity.
>>
>> From the document, the word "commercial entity" has been used, and may
>> mean several things, it's evident that there is some form of bidding and
>> auctioning that will be going on, yet the interests of the community can
>> only be realised through a Nont-for-Profit Public Interest Registry.
>>
>>
>> Price of .ke set to go up.
>> ======
>> (page5)
>> 4.3.
>> Applicable Fees
>> The dot KE Domain Name Registry services fall under the Application
>> Service Provider (ASP) licence category. The licence shall therefore be for
>> a period of 15 years and shall attract a licence application fee of Kshs.
>> 5,000.00, an initial operating licence fee of Kshs. 100,000.00 and an
>> annual operating fee equivalent to 0.4% of annual gross turnover or Kshs.
>> 80,000, whichever is higher. The Registrars shall be issued with an
>> authorization upon fulfilment of the above requirements and payment of a
>>  registration fee of Kshs 10,000.
>> Check page2, part D of the Applciation form
>> http://www.cck.go.ke/links/consultations/published_responses/Draft_Application_Form_For_Country_Code_Top_Level_Domain_xccTLDx.pdf
>>
>> comment
>> =========
>> The ASP mentioned above is taking over a proven business, whose annual
>> revenue is over ksh50,000,000.00 for a license fee of Ksh115,000 and 0.4%
>> of profits. Consider that .co.ke is 90% of all the 30,000 domains
>> registered, the ASP will be buying a Ksh 50,000,000.00 investment at 0.002%
>> of the cost? I might be wrong with my calculations, but as you can see, it
>> does not make a lot of sense to turn a public body and sell it for a song
>> to a private commercial entity.
>> The price of a .ke is already too high for many Kenyans, at a registrar
>> price of Ksh2320 (USD27), many end users opt for gTLDs (.com, .net, e.t.c).
>> There is a whole ecosystem of young entrepreneurs who have settled as .ke
>> registrars and instead of shaking them off from the tree, we should work
>> hard to ensure .ke prices are lower than they currently are. Credit for
>> KENIC for running promotions regularly that give good discounts to end
>> users.
>>
>> -------------
>> Annex1, page 8
>>
>> http://www.cck.go.ke/links/consultations/published_responses/Draft_Application_Form_For_Country_Code_Top_Level_Domain_xccTLDx.pdf
>>
>> Note that companies wishing to be considered for a licence in the
>> communications sector must allot a minimum of 20% of their total shares to
>> individual Kenyan citizens within three (3) year s from the date of
>> issuance of the licence/s
>>
>> comment
>> ======
>> What was the reason of re-delegating the .ke from Randy Bush if we are
>> going to auction it again to foreigners? Is there any other country outside
>> sub-sahara Africa where their ccTLD has been delegated to foreigners?
>> China? US? UK? Japan? South Africa? Brazil? Let us not sell our resources
>> to foreigners since we can manage them ourselves. We must be more
>> protective of our assets least we become the laughing stock.
>>
>>
>> -----------
>> Page11
>> 3. Letter of licence offer
>> If the application is approved, you will be informed in writing (letter
>> of offer) and may also be contacted via phone/email. The letter of offer is
>> valid for a period of 6 months from the date it's written and states the
>> amount of money to be paid before a licence is issued. Please note that the
>> upfront operational fees in the offer letter are prorated on monthly bases.
>> This may therefore differ depending on the date you wish to make the
>> payment. You may therefore wish to get in touch with our office to be
>> advised on the correct operating fees before making the payment
>>
>> comment
>> ===
>> Are the fees to be paid decided in advance? Is it an auction?
>>
>> --------
>> 8.Dot KE ccTLD subdomains Registration Fees
>> Given that the Dot KE Domain Name Registry is a technical monopoly, and
>> is intended for the good of Kenyans, fees must be reasonably low and
>> competitive. The Commission shall approve the cost of Dot KE Domain Name
>> Registry services.
>>
>> http://www.cck.go.ke/links/consultations/published_responses/Draft_Procedure_and_Guidelines_for_provision_of_ccTLD_registry_services.pdfpage 6 and 7
>>
>> comment
>> =====
>> Since the investors will have to recoup their capital expenses, the
>> regulator should have initiated price controls to cushion the consumer. The
>> registrar price should be fixed to say Ksh1000 maximum per domain, and
>> allow the intermediary registrars to put a small markup to cover their
>> operating expense. Leaving the price open is subject to massive abuse. And
>> price control is nothing new in the Kenyan market. Read oil, electricity,
>> e.t.c.
>>
>>
>> Way Forward
>> ===========
>> 1. We should all note that .ke is a public resource
>> 2. This resource has been with us for several years.
>> 3. The resource should not be auctioned to the highest bidder.
>> 4. .ke should be transferred to a not-for-profit community owned body to
>> manage it. The proceeds of the profits can be used to build our ICT
>> knowledge economy through donations to schools, sponsoring local
>> initiatives, e.t.c. This model has been very successful. Indeed it should
>> be noted that .za of South Africa took the commercial route only for them
>> to turn around and now the resource is back in public hands. The South
>> African ZADNA is a not-for-profit company that manages and regulates the
>> .za namespace. ZACR (Uniforum) on the other hand is a non-profit
>> organisation that exists for the good of the South African Internet. They
>> plough surplus funds raised beyond covering operating expenses back into
>> the greater Internet community.
>>
>>
>> Lets be vigilant and ensure that as a community, we have the final word
>> on the direction of where this critical internet resource will head.
>> --
>> ______________________
>> Mwendwa Kivuva, Nairobi, Kenya
>> twitter.com/lordmwesh
>>
>> ______________________
>> Mwendwa Kivuva, Nairobi, Kenya.
>> twitter.com/lordmwesh
>> google ID | Skype ID: lordmwesh
>>
>>
>> On 22 January 2014 05:10, Ali Hussein <ali at hussein.me.ke> wrote:
>>
>>>  Grace
>>>
>>> Thanks. Anyone from KeNIC?
>>>
>>>
>>> Ali Hussein
>>>
>>> +254 0770 906375 / 0713 601113
>>>
>>> "I fear the day technology will surpass human interaction. The world
>>> will have a generation of idiots".  ~ Albert Einstein
>>>
>>> Sent from my iPad
>>>
>>> On Jan 21, 2014, at 11:44 PM, Grace Githaiga <ggithaiga at hotmail.com>
>>> wrote:
>>>
>>> @ Ali
>>> Wambua has kinda answered both questions. However, KENIC is still silent
>>> on providing the consultancy findings as promised. It would be useful if
>>> the report was forthcoming as it would probably answer most of the queries
>>> and render stakeholders with no queries on the proposed licencing and
>>> regulatory framework for .ke.
>>>
>>>
>>> ------------------------------
>>> From: Wambua at cck.go.ke
>>> Date: Mon, 20 Jan 2014 05:35:02 +0000
>>> Subject: Re: [kictanet] PUBLIC CONSULTATION ON LICENSING AND REGULATORY
>>> FRAMEWORK FOR DOT KE DOMAIN NAME REGISTRY SERVICE
>>> CC: CPA at cck.go.ke; kictanet at lists.kictanet.or.ke
>>> To: ggithaiga at hotmail.com
>>>
>>>  Thanks Ali for initiating discussion on this subject.   CCK would like
>>> to respond as follows to some of the queries raised last week on this
>>> subject:
>>>
>>>
>>>
>>>
>>>
>>> *1.  During last year's KeNIC AGM the board promised to share with us
>>> the consultancy findings that would come up with this framework towards
>>> commercializing the registry services beyond KeNIC. We are still awaiting
>>> that paper and I feel that the paper is integral to this discussion as it
>>> would provide good background information that informed the reason behind
>>> CCK taking a certain regulatory framework as opposed to another - I'm
>>> referring here to the fact that there are several directions this could go
>>> for example The South African Model as opposed to the UK Model or the
>>> Australian one. I guess we can delve deeper during the discussion.*
>>>
>>>
>>>
>>> KENIC is best placed to respond this query
>>>
>>> *2. The documents are silent about the fate of KeNIC (unless I missed
>>> it). What will happen to it? Who will be the recipient of the assets?  How
>>> are they going to be shared seeing that it is a PPP where CCK is not the
>>> only stakeholder.*
>>>
>>>
>>> The proposed licensing framework does not in any way suggest the
>>> dissolution of KENIC. In fact, the framework envisages an arrangement where
>>> KENIC remains as-is (a multi-stakeholder private public partnership) but
>>> with Government represented by another entity (Kenya ICT Authority) other
>>> than CCK (CCK will relinquish its positions in the KENIC Board and assume a
>>> regulatory oversight role). As such, the issue of sharing of assets, etc.,
>>> does not arise.
>>>
>>>
>>>
>>> *3. Has the CCK formally informed ICANN/IANA of the intention for
>>> Re-Delegation? This is a major process and we must line up our ducks
>>> properly so that we are not caught flat footed. The stakeholders MUST also
>>> be told how this process would work to ensure mitigation of risks.*
>>>
>>>
>>>
>>> There will be no need for re-delegation given the explanation above.
>>>
>>>
>>>
>>>
>>>
>>> *Christopher Wambua*
>>>
>>> *Manager - Communications*
>>>
>>> *Consumer and Public Affairs Department*
>>>
>>> *Communications Commission of Kenya*
>>>
>>> *P.O. Box 14448 NAIROBI 00800*
>>>
>>> *Tel: +254 20 4242209*
>>>
>>> *info at cck.go.ke <info at cck.go.ke>*
>>>
>>> *www.cck.go.ke <http://www.cck.go.ke>*
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> *From:* kictanet [
>>> mailto:kictanet-bounces+wambua=cck.go.ke at lists.kictanet.or.ke<kictanet-bounces+wambua=cck.go.ke at lists.kictanet.or.ke>]
>>> *On Behalf Of *Ali Hussein
>>> *Sent:* Monday, January 20, 2014 12:27 AM
>>> *To:* Wambua, Christopher
>>> *Cc:* KICTAnet ICT Policy Discussions
>>> *Subject:* [kictanet] PUBLIC CONSULTATION ON LICENSING AND REGULATORY
>>> FRAMEWORK FOR DOT KE DOMAIN NAME REGISTRY SERVICE
>>>
>>>
>>>
>>> Dear listers
>>>
>>>
>>>
>>> We kick off the discussions today with 2 questions.
>>>
>>>
>>>
>>> 1. What do you think informed CCK's move towards a change in the way the
>>> .ke ccTLD is managed and do you think enough consultations (in the spirit
>>> of MultiStakeholderism) took place to arrive at this?
>>>
>>>
>>>
>>> 2. How in your opinion should any of the funds (after liquidation of
>>> KeNIC) be used? This question should also answer the question of surplus
>>> funds derived from the sale of .ke ccTLD domains?
>>>
>>>
>>>
>>> I suggest we take two days to discuss these questions in depth.
>>>
>>>
>>>
>>> We shall proceed to the next set of questions on Wednesday.
>>>
>>> Ali Hussein
>>>
>>>
>>>
>>> +254 0770 906375 / 0713 601113
>>>
>>>
>>>
>>>   "I fear the day technology will surpass human interaction. The world
>>> will have a generation of idiots".  ~ Albert Einstein
>>>
>>>
>>>
>>>  Sent from my iPad
>>>
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>>
>>
>> _______________________________________________
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>>
>>
>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
>> for people and institutions interested and involved in 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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