[kictanet] Safaricom may face sanctions over network outage

[Francis Monyango]

I came across this the day before the blackout.
https://mobile.nytimes.com/2017/04/22/opinion/sunday/is-it-time-to-break-up-google.html?_r=1&referer=https://t.co/RW3L5jKtfU

On Apr 25, 2017 23:52, "Rosemary Koech-Kimwatu via kictanet" <
kictanet at lists.kictanet.or.ke> wrote:

> The Competition Act read together with KICA would allow for an entity with
> Significant Market Power to operate without being declared dominant, even
> though the maths points to dominance.
>
> The reality is in as much as there should be equality it is justified for
> some to be more equal than others!
>
> Regards,
>
> Rosemary Koech-Kimwatu
> On Apr 25, 2017 11:08 PM, "Rosemary Koech-Kimwatu" <chemukoechk at gmail.com>
> wrote:
>
>> @Ngigi
>>
>> There are instances legally allowed when obtaining a benefit for the
>> public which outweighs the lessening of competition that would result from
>> a certain practice.
>>
>> Which can losely be  translated  that as long as the public good has
>> greater weight than a scenario of reduced competition in a market then the
>> regulators may overlook the ill effects of dominance.
>>
>> This was contemplated in the Kenya Information and Communications (Fair
>> Competition and Equality of Treatment ) Regulations,  2010 which created
>> exemptions from the regulations  in section 14(c) for a licencee entrusted
>> with the operation of essential communications services e.g national
>> security insofar as the application of the regulations would obstruct the
>> performance of the tasks assigned to the licencee.
>>
>> So in as much as everyone is complaining about a dominant position there
>> are some perks that come with hadling critical infrastructure that must be
>> granted to the licencee handling the said infrastructure for normalcy to be
>> maintained.
>>
>> Things cannot always be fair, especially if it is in public interest as
>> the current ecosystem stands.
>>
>> All that needs to be maintained are  the  NRRD guidelines which I guess
>> must have been flouted during yesterday's mishap.
>>
>> Regards,
>>
>> Rosemary Koech-Kimwatu
>> Advocate-Fintech and ICT Policy
>> On Apr 25, 2017 9:17 PM, "Ngigi Waithaka via kictanet" <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>>> Ali,
>>>
>>> I refer you to @Walu's very good example of dominance. It is *NOT* about
>>> the Numbers, but *share* of the market.
>>>
>>> Google has been dominant in search for a long time, and they have been
>>> charged variously for *abuse* of that dominance, in both search + android.
>>>
>>> Dominance of Safaricom in the local market, unless you wear very 'green'
>>> tinted lenses is an obvious issue! So called competitors are only there for
>>> the show... (Reminds me when Microsoft used to pay competitors to keep them
>>> afloat so as to have a semblance of 'competition'.)
>>>
>>> Now, the big issue is that Safaricom rans a very large part of our
>>> country's 'core' infrastructure and it would be *very irresponsible* of the
>>> regulators to sit back, looking at the scraps of 'competition' as a healthy
>>> industry and hope against hope that nothing evil would befall Safaricom.
>>>
>>> Even Safaricom themselves have a policy of buying their core equipment
>>> from at least *TWO* separate vendors , regardless of how good a deal one
>>> vendor could give them in total. They don''t leave it to the market to
>>> decide!
>>>
>>> Its called *RISK MANAGEMENT*
>>>
>>> So, if they can do that for their own equipment, it is only prudent that
>>> we as a country also have proper risk management in our core services. It
>>> is *NOT* a question of splitting the firm, but ensuring, by whatever means
>>> necessary, that we have at least 3 credible options.
>>>
>>> Rgds
>>>
>>>
>>>
>>> On Tue, Apr 25, 2017 at 8:55 PM, Ali Hussein via kictanet <
>>> kictanet at lists.kictanet.or.ke> wrote:
>>>
>>>> Sidney
>>>>
>>>> So let's take the Facebook, Google and Amazon conversation one step
>>>> further.
>>>>
>>>> 1. *Facebook*. 1 billion users and counting. There are several
>>>> countries looking at Facebook for certain violations. I have not heard one
>>>> of them talking about splitting the company. Ditto with Google, Apple and
>>>> Microsoft. The bigger you get the bigger the target you become. It's a risk
>>>> entrepreneurs must take.
>>>>
>>>> 2. *Google*. Dominant in search. However search alone without social
>>>> has stopped being relevant. From a domination position in search to almost
>>>> being irrelevant without social in a span of less than 5 years. Android is
>>>> another story. 85% global market share. However, to an extent it's 'open
>>>> source' hence why Amazon's version of Android is almost unrecognizable.
>>>>
>>>> https://www.howtogeek.com/232973/amazons-fire-os-vs.-googles
>>>> -android-whats-the-difference/
>>>>
>>>> So even here the choice of declaring Android Dominant isn't an open and
>>>> shut case.
>>>>
>>>> 3. *Amazon Web Services*. Even though it is the 800 Pound Gorilla of
>>>> Cloud Services it is far from dominant. Here's how it stakes up against the
>>>> other big players.
>>>>
>>>>  https://www.channele2e.com/2016/02/04/cloud-market-share-20
>>>> 16-aws-microsoft-ibm-google/
>>>>
>>>> My point is that the whole Tech space is so fluid and moving that using
>>>> age old dominance and monopoly conversations simply don't cut it anymore..
>>>>
>>>> Ali Hussein
>>>> +254 0713 601113
>>>>
>>>> Twitter: @AliHKassim
>>>> Skype: abu-jomo
>>>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>>>>
>>>> "We are what we repeatedly do. Excellence, therefore, is not an act but
>>>> a habit." ~ Aristotle
>>>>
>>>> Get Outlook <https://aka.ms/sdimjr> for iOS
>>>> _____________________________
>>>> From: Sidney Ochieng via kictanet <kictanet at lists.kictanet.or.ke>
>>>> Sent: Tuesday, April 25, 2017 8:29 PM
>>>> Subject: Re: [kictanet] Safaricom may face sanctions over network outage
>>>> To: <ali at hussein.me.ke>
>>>> Cc: Sidney Ochieng <sidney.ochieng at gmail.com>
>>>>
>>>>
>>>>
>>>> Ali,
>>>> Your argument is simplistic and not based on reality. Monopolies exist
>>>> still. Think of Facebook, Amazon and Google which are practically
>>>> monopolies in their core markets. Just because these monopolies are due to
>>>> self re-enforcing factors does change what they are
>>>>
>>>> Sent on the move, kindly excuse any typos.
>>>>
>>>> Sidney
>>>>
>>>> On 25 Apr 2017 5:51 p.m., "Admin CampusCiti via kictanet" <
>>>> kictanet at lists.kictanet.or.ke> wrote:
>>>>
>>>>> @Ngigi
>>>>>
>>>>> We have ourselves to blame. Or competitors for being 'weak'
>>>>>
>>>>> I'm simply not for the idea of 'rectifying' so called 'Market Failure'
>>>>> with the heavy hand of regulation.
>>>>>
>>>>> Dominance/Monopolies are a thing of the past. It maybe simplifying an
>>>>> issue but let's face it. Even with Mpesa being so dominant 90+% of our
>>>>> transactions in this country are still cash based. So where's the
>>>>> Dominance? :-)
>>>>>
>>>>> *Ali Hussein*
>>>>> *Hussein & Associates*
>>>>> +254 0713 601113 / 0770906375
>>>>>
>>>>> Twitter: @AliHKassim
>>>>>
>>>>> Skype: abu-jomo
>>>>>
>>>>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>>>>> <http://ke.linkedin.com/in/alihkassim>
>>>>>
>>>>> Blog: www.alyhussein.com
>>>>>
>>>>> "Discovery consists in seeing what everyone else has seen and thinking
>>>>> what no one else has thought".  ~ Albert Szent-Györgyi
>>>>>
>>>>> Sent from my iPad
>>>>>
>>>>> On 25 Apr 2017, at 5:39 PM, Ngigi Waithaka <ngigi at at.co.ke> wrote:
>>>>>
>>>>> @Ali,
>>>>>
>>>>> My concern is between now and when the so called 'market' takes care
>>>>> of this issue.
>>>>>
>>>>> As we have seen yesterday, We are one hack away from the entire
>>>>> country being taken down almost completely by the failure of a single firm.
>>>>>
>>>>> Twendeleeni vivyo hivyo!
>>>>>
>>>>> On 25 Apr 2017 5:24 p.m., "Admin CampusCiti" <info at campusciti.com>
>>>>> wrote:
>>>>>
>>>>>> @Ngigi
>>>>>>
>>>>>> I'm with Tom on this one. I actually don't see how the Dominance
>>>>>> conversation has crept  into this discussion :-)
>>>>>>
>>>>>> We have a choice.
>>>>>>
>>>>>> For Mpesa
>>>>>> 1. Airtel Money.
>>>>>> 2. PesaLink
>>>>>> 3. MULA -  I actually now use Mula for all my bill payments. It's
>>>>>> just super useful. Even the Safaricom App that's been launched doesn't hold
>>>>>> a candle to Mula.
>>>>>> 4. Orange money.
>>>>>>
>>>>>> For Connectivity
>>>>>> 1. Orange
>>>>>> 2. Liquid
>>>>>> 3. Airtel (by the way there are other parts of this country like
>>>>>> Kilifi for example that Airtel has a far better network..
>>>>>> 4. Surf by Facebook 😜
>>>>>> 5. Zuku
>>>>>> 6. JTL
>>>>>>
>>>>>> As Kenyans we simply cannot go back to having this Dominance
>>>>>> conversation since we are in a free market and there is choice.
>>>>>>
>>>>>> Vote with your wallet, like I have. Safaricom will continue to
>>>>>> improve or it will become irrelevant. Think Microsoft, Think Compac, Think
>>>>>> Kodak , Think Nokia.
>>>>>>
>>>>>> C'mon guys..The market will take care of this issue. And guess what?
>>>>>>
>>>>>> YOU ARE THE MARKET (Chukua control wewe mwenyewe!!)
>>>>>>
>>>>>> Don't punish Safaricom for weakness in competitors and your own
>>>>>> 'laziness' :-) to choose a different service provider if you are unhappy
>>>>>> with current services.
>>>>>>
>>>>>> *Ali Hussein*
>>>>>> *Hussein & Associates*
>>>>>> +254 0713 601113 / 0770906375
>>>>>>
>>>>>> Twitter: @AliHKassim
>>>>>>
>>>>>> Skype: abu-jomo
>>>>>>
>>>>>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>>>>>> <http://ke.linkedin.com/in/alihkassim>
>>>>>>
>>>>>> Blog: www.alyhussein.com
>>>>>>
>>>>>> "Discovery consists in seeing what everyone else has seen and
>>>>>> thinking what no one else has thought".  ~ Albert Szent-Györgyi
>>>>>>
>>>>>> Sent from my iPad
>>>>>>
>>>>>> On 25 Apr 2017, at 10:43 AM, Ngigi Waithaka via kictanet <
>>>>>> kictanet at lists.kictanet.or.ke> wrote:
>>>>>>
>>>>>> Ali,
>>>>>>
>>>>>> Do you now see the wisdom of declaring Safaricom dominant and at
>>>>>> least getting 2-3 other players with a sizeable market share to spread the
>>>>>> risk?
>>>>>>
>>>>>> When Safcom goes down and it will inevitably will at times, the
>>>>>> following happens:
>>>>>> 1. 80% of the country citizens are without communication
>>>>>> 2. 80% of the country's citizens are without access to money &
>>>>>> banking services.
>>>>>> 3. 100% of the police security & communication system is offline.
>>>>>>
>>>>>> We put all our country's eggs in that one basket... and the basket is
>>>>>> bound to drop once in awhile....
>>>>>>
>>>>>> On 25 Apr 2017 9:35 a.m., "Admin CampusCiti via kictanet" <
>>>>>> kictanet at lists.kictanet.or.ke> wrote:
>>>>>>
>>>>>>> Listers
>>>>>>>
>>>>>>> This issue continues to have serious ramifications. Yesterday Bob,
>>>>>>> the CEO, made a very impassioned statement on the downtime. I liked the
>>>>>>> fact that he said there's no excuse for such a thing to happen and that
>>>>>>> they are working on restoring full services.
>>>>>>>
>>>>>>> However, I think Bob's statement simply didn't go far enough. We are
>>>>>>> seeing a different Safaricom - one that seems attuned to the customer and
>>>>>>> more open that's why I'm disappointed that Mpesa is still down today
>>>>>>> morning and we have had nothing from Safaricom. A simple use of SMS to
>>>>>>> update us on an hourly basis is not too much to ask.
>>>>>>>
>>>>>>> It's clear that Safaricom is now so embedded in our lives that total
>>>>>>> openness is not only a must it's a Business Continuity Conversation.
>>>>>>>
>>>>>>> *Ali Hussein*
>>>>>>> *Hussein & Associates*
>>>>>>> +254 0713 601113 / 0770906375
>>>>>>>
>>>>>>> Twitter: @AliHKassim
>>>>>>>
>>>>>>> Skype: abu-jomo
>>>>>>>
>>>>>>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>>>>>>> <http://ke.linkedin.com/in/alihkassim>
>>>>>>>
>>>>>>> Blog: www.alyhussein.com
>>>>>>>
>>>>>>> "Discovery consists in seeing what everyone else has seen and
>>>>>>> thinking what no one else has thought".  ~ Albert Szent-Györgyi
>>>>>>>
>>>>>>> Sent from my iPad
>>>>>>>
>>>>>>> On 24 Apr 2017, at 11:18 PM, Sidney Ochieng via kictanet <
>>>>>>> kictanet at lists.kictanet.or.ke> wrote:
>>>>>>>
>>>>>>> Safaricom may face sanctions over network outage
>>>>>>>
>>>>>>> http://www.businessdailyafrica.com/news/Safaricom-may-face-s
>>>>>>> anctions-over-network-outage/539546-3902518-15d86gnz/index.html
>>>>>>>
>>>>>>> That one network has this much power over economy is frightening and
>>>>>>> must be addressed. Today has proven that it's not enough that Safaricom
>>>>>>> says they won't misuse their dominance, it's enough that if they fail the
>>>>>>> country slows to a crawl.
>>>>>>>
>>>>>>> Sent on the move, kindly excuse any typos.
>>>>>>>
>>>>>>> Sidney
>>>>>>>
>>>>>>> _______________________________________________
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>>>>>>>
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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
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>>>>>> _______________________________________________
>>>>>> kictanet mailing list
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>>>>>> Unsubscribe or change your options at https://lists.kictanet.or.ke/m
>>>>>> ailman/options/kictanet/info%40campusciti.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
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>>>>> ailman/options/kictanet/sidney.ochieng%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.
>>>>>
>>>>
>>>>
>>>>
>>>> _______________________________________________
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>>>>
>>>> Unsubscribe or change your options at https://lists.kictanet.or.ke/m
>>>> ailman/options/kictanet/ngigi%40at.co.ke
>>>>
>>>> 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.
>>>>
>>>
>>>
>>>
>>> --
>>> *Regards,*
>>>
>>> *Wait**haka Ngigi*
>>> Chief Executive Officer | Alliance Technologies | MCK Nairobi Synod
>>> Building
>>> T +254 20 525 0750 |Office Mobile: +254 716 201061 | M +254 737 811 000
>>> www.at.co.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
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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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