[kictanet] CA loses power to regulate dominant telcos

Grace Mutung'u (Bomu) nmutungu at gmail.com
Thu Jan 7 15:41:36 EAT 2016


The attachment to my earlier post (from the archives)
Regards,

2016-01-07 12:28 GMT+03:00 Muchiri Nyaggah <muchiri at semacraft.com>:

> Dear Listers
>
> May 2016 bring with it better things for all Kenyans.
>
> I am wondering whether on this issue we are passing judgement on CAK’s
> capacity in regard to technology/telecoms prematurely. Their human resource
> can be upgraded if need be, they can be provided with access to industry
> data should they need it, they have legislation giving them some teeth…they
> should be able to get the job done especially if they collaborate with
> other institutions rather than go to war.
>
> It might also be too early to determine the extent to which they can
> withstand external pressure (political or private sector) to make rulings
> in favour of interests that go against the public good.
>
> That said, whatever changes come in via Miscellaneous Amendments Acts can
> be reversed by future Miscellaneous Amendments Acts. There’s a glass half
> full somewhere here.
>
>
> Muchiri
>
>
> On 7 Jan 2016, at 11:41 AM, Grace Mutung'u (Bomu) via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
> See below, from October 2015 archives.
> Wishing you all a Happy 2016.
> Regards,
> --------
> Dear Listers,
>
> I thought you may want to see the statement  from the Director General in
> response to the proposed Statute Law (Miscellaneous Amendments) Bill, 2015.
> Forwarded for your reference.
>
> Regards,
>
> Rachel Alwala
> Assistant Director/Communications and External Affairs
> Communications Authority of Kenya
> PO Box 14448
> Nairobi 00800
> Tel:  +254 703 042000
> Email:  alwala at ca.go.ke
> Website:  www.ca.go.ke
>
> Barrack Otieno via kictanet <kictanet at lists.kictanet.or.ke>
> 30/10/15
>
> Many thanks Rachel,
>
> This is very refreshing taking into consideration  the comments
> attributed to the CS in the Star yesterday. Indeed we have to safe
> guard the Independence of the Communications Authority. Again thank
> you for responding to the Community through the list after the
> discussions we had last week.
>
> Regards
> --
> Barrack O. Otieno
> +254721325277
> +254-20-2498789
> Skype: barrack.otieno
> http://www.otienobarrack.me.ke/
>
>
>
>
>
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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.
>
> 2016-01-07 10:15 GMT+03:00 Walubengo J via kictanet <
> kictanet at lists.kictanet.or.ke>:
>
>> True that... at JK
>>
>> But as they say, the devil is in the details ...Is it possible that  the
>> new amendment has shifted the balance of powers on determining the
>> dominance issue from the Communication Authority to the Competition
>> Authority?
>>
>> What is the practice elsewhere?
>>
>> But more a pertinent question  would be - what motivated the amendment?
>> Is it that the Communication Authority was perceived to be
>> unable/ill-equipped to deal with the issue and the Competition Authority
>> may have a better chance of dealing with it? Or is it a matter of throwing
>> a spanner in the works so that neither of them handles the matter?
>>
>> I dont have the answers..just thinking loudly.
>>
>> walu
>>
>>
>>
>> ------------------------------
>> *From:* "ngethe.kariuki2007 at yahoo.co.uk" <ngethe.kariuki2007 at yahoo.co.uk>
>> *To:* Walubengo J <jwalu at yahoo.com>; KICTAnet ICT Policy Discussions <
>> kictanet at lists.kictanet.or.ke>
>> *Sent:* Thursday, January 7, 2016 10:00 AM
>>
>> *Subject:* Re: [kictanet] CA loses power to regulate dominant telcos
>>
>> Walu,Listers,
>> The thing is not as tricky as it appears.It is in legal terms called
>> "concurrent jurisdiction" and is common in many countries,including the UK.
>>
>> John Kariuki
>>
>> Sent from my Huawei Mobile
>>
>>
>> -------- Original Message --------
>> Subject: Re: [kictanet] CA loses power to regulate dominant telcos
>> From: Walubengo J via kictanet
>> To: ngethe.kariuki2007 at yahoo.co.uk
>> CC: Walubengo J
>>
>>
>> This thing is very tricky.
>>
>> I do not envy the new PS, Broadcast and Telecommunications.
>>
>> Enough said :-)
>>
>> walu.
>>
>>
>>
>> ------------------------------
>> *From:* Rose Lukalo -Owino via kictanet <kictanet at lists.kictanet.or.ke>
>> *To:* jwalu at yahoo.com
>> *Cc:* Rose Lukalo -Owino <rlukalo at gmail.com>; KICTAnet ICT Policy
>> Discussions <kictanet at lists.kictanet.or.ke>
>> *Sent:* Tuesday, January 5, 2016 1:12 PM
>> *Subject:* Re: [kictanet] CA loses power to regulate dominant telcos
>>
>> The question that must be asked is whether that success of the tech
>> sector is encouraging or stifling the emergence of others and future growth
>> and expansion and in so doing serving the public with newer, better shinier
>> opportunities. Behind the scenes conversations within the tech sector
>> suggest to me that emergent players choose to play safe and stay out of
>> sight of the dominant players lest they be whacked into oblivion for daring
>> to demand a piece of the cake. That doesn't serve the new players in terms
>> of freedom to contribute nor does it serve the public in terms of
>> availability of choice, competitive pricing and service.
>>
>> On Tue, Jan 5, 2016 at 12:59 PM, Ahmed Mohamed Maawy <
>> ultimateprogramer at gmail.com> wrote:
>>
>> It may be more disturbing is that at this rate - we will be having
>> stories in the archives about how great an innovative sector and Silicon
>> Savannah Kenya really was really soon - or the rise and fall of the
>> innovation space in the Silicon Savannah. We were hailed for being a
>> "hotbed of innovation" recently. But if innovators will be constantly
>> suffocated - there is little to hope for for innovation to have prosperity.
>> Overall the tech sector is a major backbone of our recent economic
>> prosperity.
>>
>> On Tue, Jan 5, 2016 at 12:32 PM, Rose Lukalo -Owino via kictanet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>> From the consumer rights perspective on whose behalf competition law
>> exists, I think it is critical to take the conversation away from business
>> and engineering and the technology and always reference the impact a
>> business has in/on society.
>>
>> It is after all why we as Kenyans "license" business and with that same
>> authority we can revoke that license if at any point we feel a business is
>> hurting citizens or disrespecting the privilege of doing business with them
>> in any way. (Hands up if you still can't get your cellphone company to pick
>> up the (_____) customer service lines.)
>>
>> On Tue, Jan 5, 2016 at 5:38 AM, Nanjira Sambuli via kictanet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>> It's bound to be an interesting ride!
>>
>> ----
>> *CA loses power to regulate dominant telcos
>> <http://www.businessdailyafrica.com/CA-loses-power-to-regulate-dominant-telcos/-/539546/3021508/-/u0rm7ez/-/index.html>*
>> // *BusinessDailyHome
>> <http://www.businessdailyafrica.com/CA-loses-power-to-regulate-dominant-telcos/-/539546/3021508/-/u0rm7ez/-/index.html>*
>>
>> The Communications Authority of Kenya has lost powers to independently
>> monitor dominance and act against its abuse – leaving it with a narrow
>> mandate of licensing new players and allocating frequencies.
>> ----
>>
>> Shared via *my feedly reader <http://feedly.com/>*
>>
>>
>>
>> Regards,
>> Nanjira.
>>
>> Sent from my iPhone.
>>
>> _______________________________________________
>> kictanet mailing list
>> kictanet at lists.kictanet.or.ke
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>>
>> Unsubscribe or change your options at
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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.
>>
>>
>>
>> _______________________________________________
>> kictanet mailing list
>> kictanet at lists.kictanet.or.ke
>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>
>> Unsubscribe or change your options at
>> https://lists.kictanet.or.ke/mailman/options/kictanet/ultimateprogramer%40gmail.com
>>
>> 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.
>>
>>
>>
>>
>> --
>> *Ahmed Maawy*
>> Executive Director - SwahiliBox / M-Power (CBO)
>> Ambassador - Open Knowledge
>> Director - Startup Grind Mombasa
>> Software Developer - AJ+ / EveryLayer
>> (KE) +254 714 960 627
>> Skype: ultimateprogramer
>>
>> swahilibox.co.ke
>> m-power.or.ke
>> www.okfn.org <http://okfn.org/>
>> startupgrind.com
>> ajplus.net
>> www.everylayer.com
>>
>>
>>
>> _______________________________________________
>> kictanet mailing list
>> kictanet at lists.kictanet.or.ke
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>>
>> Unsubscribe or change your options at
>> https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com
>>
>> 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.
>>
>>
>>
>>
>>
>> _______________________________________________
>> kictanet mailing list
>> kictanet at lists.kictanet.or.ke
>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>
>> Unsubscribe or change your options at
>> https://lists.kictanet.or.ke/mailman/options/kictanet/nmutungu%40gmail.com
>>
>> 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.
>>
>
>
>
> --
> Grace L.N. Mutung'u
> Nairobi Kenya
> Skype: gracebomu
> Twitter: @Bomu
>
> <http://www.diplointernetgovernance.org/profile/GraceMutungu>
>
> PGP ID : 0x33A3450F
>
> _______________________________________________
> kictanet mailing list
> kictanet at lists.kictanet.or.ke
> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>
> Unsubscribe or change your options at
> https://lists.kictanet.or.ke/mailman/options/kictanet/muchiri%40semacraft.com
>
> 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.
>
>
>


-- 
Grace L.N. Mutung'u
Nairobi Kenya
Skype: gracebomu
Twitter: @Bomu

<http://www.diplointernetgovernance.org/profile/GraceMutungu>

PGP ID : 0x33A3450F
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