[kictanet] [ISOC_KE] Kenya's Internet domain market is set for a shakeup

Wed Jan 29 18:18:13 EAT 2014

Thanks @ James for sharing the press release. Kinda disturbing that TESPOK also feels there is no sufficient consultation. Did CCK not talk about consultations at KENIC board level? And by the way, where is that Strategy Document that KENIC promised to share with stakeholders?
@ Walu, my response to your question on whether the regulator needs to take on board public views is in the affirmative.  Stakeholder consultation in policy making process is no longer a favor. It is entrenched in our constitution. Time to start debating on how article 10 can be operationalized in policy making processes.  
10. (1) The national values and principles of governance in this Article bind all State organs, State officers, public officers and all persons whenever any of them––(a) applies or interprets this Constitution; (b) enacts, applies or interprets any law; or(c) makes or implements public policy decisions.
RgdsGG
Date: Wed, 29 Jan 2014 16:59:37 +0300
From: jgmbugua at gmail.com
Subject: Re: [kictanet] [ISOC_KE] Kenya's Internet domain market is set for	a shakeup
CC: kictanet at lists.kictanet.or.ke
To: ggithaiga at hotmail.com

“Industry voice
in Telecommunications, Providing Policy and Direction

within the
Industry and Government”

PRESS RELEASE

Proposed CCK changes to commercialize ‘.ke’ internet
identity 

Nairobi, 29th January 2014….Players in the telecommunications service industry are raising
concerns over the manner in which the Kenyan government is  proposing to handle the Commission
Authority  of Kenya, transition out of
KENIC- the .ke domain manager.

The .ke domain
registry has two guarantor shareholders, the industry lobby group
Telecommunications Service Providers Association of Kenya (TESPOK) and
Communications Authority of Kenya formerly CCK. While lauding the move to have
the regulator step down from the board of the domain manager there is a need to
ensure smooth institutional transition and service delivery.

The association
through its Chairman Mr. Kris Senanu says the CAK should not feel that they can
proceed to change the operations of the organization without due consultations.
The official proposed structure is currently open for public input and
consultations; a process expected to close on 10th February 2014. He
adds that at no point in time has the CAK communicated to TESPOK the other
partner in this arrangement on the proposal to commercialise .ke as announced
in yesterday’s Business daily. 

“If CAK attempt
to take the commercialization approach without due consideration of TESPOK, we
will have no choice but put ICANN on notice that any attempt at re-delegation
does not have the support of the industry or any of the stakeholders.” says Mr.
Senanu “We have no problem with CAK proposing another government entity to take
up the government involvement but will not support commercialization.” 

The Internet
Corporation of Assigned Names and Numbers (the ICANN), as part of the
administrative functions associated with management of the domain-name system
root, is responsible for receiving requests for delegation and re-delegation of
top-level domains, investigating the circumstances pertinent to those requests,
and reporting on the requests. In May 2000, a group of Kenyan Internet
stakeholders led by TESPOK launched an initiative to form a participatory,
community-based non-profit organization located in Kenya to manage both the
administrative and technical aspects of the .ke ccTLD registry.

The result of these consultations was the Kenya
Network Information Center, Limited (KENIC), organized under Kenyan law as a
company limited by guarantee (a not-for-profit entity). In addition to
performing the technical, administrative, and policy-setting functions for the
.ke registry, a stated objective of KENIC is to "promote, manage and
operate the delegated .ke ccTLD in the interest of the Kenyan Internet
community and being mindful of the global Internet community interest in
consistent with ICANN policies."

Unfortunately,
over the last five years interference of CCK in the day to day operations of
KENIC has seen the organization experience unprecedented turnover of both Board
and staff; with 5 CEO changes. The functions of KENIC have continued to be
delivered because TESPOK maintained its commitment to the local industry as per
the ICANN Agreement to provide technical and logistical support to the .ke
manager.  It is important for CAK to give
the .ke ccTLD manager the opportunity to deliver on agreed key deliverables
that have not been met in the last five years. Commercialization is not a
solution to meeting the identified and agreed industry gaps within the local
internet community.

TESPOK has both
the technical and administrative resources necessary to continue as a sole
guarantor of the ccTLD if and when CAK pulls. It has provided such support in
the past. This will evidently lead to consolidating the Internet technical
community shared resources under one umbrella body; a move very similar to, the
consolidation of the various government agencies handling government ICT
deployment and implementation under the Kenya ICT Authority. The scenario would
then consolidate KENIC (the .ke manager), KIXP (Africa’s fastest growing Internet
Exchange Point) and I-CSIRT (Internet Computer Security Incident Response Team)
under the TESPOK stewardship.

On Tue, Jan 28, 2014 at 11:11 AM, Walubengo J <jwalu at yahoo.com> wrote:

--------------------------------------------

On Tue, 1/28/14, Grace Githaiga <ggithaiga at hotmail.com> wrote:

@Walu, in your opinion, is this exercise of CCK  soliciting for comments an exercise in futility? How do

 ensure that stakeholders' input is taken on board?

@GG,

CCK exercise for public comment is not in vain.  However, they retain the sole perogative or exclusive right on what goes into or out of the published regulations. In other words, even if they agreed with your comments, YOU still do not decide that they are adopted - THEY decide.  This is the traditional top-down approach that has so very well worked for the Telco sector.  Not sure if it is a good idea for the Internet sector where the bottom-up (consensus) approach is considered the norm.

Indeed this is "silent" coup that is unfolding. As commercial entities focus on scrambling to be the winning bidder for the domain management, they indirectly trade in their traditional "bottom-up consensus" governance structure for "top-bottom"  approach practiced globally by governments. Whether this is good or bad will depend on how the Regulator exercises their extended powers into this sector.

How to ensure Regulator takes on board public views? Maybe a better question would be - do they have to? :-)

walu.

 Subject: [ISOC_KE] Kenya's Internet domain market is set for a shakeup

 To: "kictanet at lists.kictanet.or.ke" <kictanet at lists.kictanet.or.ke>, "isoc at orion.my.co.ke" <isoc at orion.my.co.ke>

 Date: Tuesday, January 28, 2014, 8:55 AM

 http://www.nation.co.ke/oped/blogs/dot9/Kenyas-Internet-domain-market-is-set-for-a-shakeup/-/1959700/2162422/-/15nmc0nz/-/index.html

 "The

 regulator, CCK, has published draft framework and

 regulations that would

 shake up the internet domain market in Kenya. Whereas it has

 been its good practice to invite public comments on draft

 regulations, it is rare that CCK will change too much from

 what it has already drafted".

@Walu, in your opinion, is this exercise of CCK

 soliciting for comments an exercise in futility? How do

 ensure that stakeholders' input is taken on board? Well,

 I know this might be a rhetorical question but

 still...

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