[kictanet] Telcos CEOs on the spot in push to declare Safaricom dominant

Tue Aug 7 07:24:31 EAT 2018

Safaricom blames the situation under investment by competitors.
https://www.bloomberg.com/amp/news/articles/2018-08-06/safaricom-blames-regulator-for-underinvestment-by-kenyan-rivals?__twitter_impression=true

Il giovedì 2 agosto 2018, Douglas Gichuki via kictanet <
kictanet at lists.kictanet.or.ke> ha scritto:

> Phares,
>
> Granted, the varied competition has dropped the ball severally since per
> second v per minute billing.
>
> However, interconnection fees are not trivial. With 67 % of the market
> with Safaricom, and with the fee set at about 1.50 (there was a
> recommendation by Analysys Mason to move to 0.50 circa 2003!) and therefore
> having the majority of calls terminate into the Saf network, the
> competition is constantly in debt to Safaricom-and will always be.
>
> Second, it has been argued here that we have not yet seen an abuse of
> dominance by the dominant player. I disagree. The network effects created
> by differential pricing to discourage calling outside of the home network
> is Prima facie an aspect of abuse of dominance. (To homestead customers).
> This alone should have triggered an inquiry into abuse of dominance. When
> the EU went after Microsoft it was merely for bundling explorer with word,
> such that the monopoly that Microsoft enjoyed in the OS space was now being
> spread into the browser space in the EU.  The EU acted proactively. So the
> question of punishing success should not arise. And the key question should
> be how to administratively prevent the walled garden- even if that is
> perceived as punishing success (sic!). Hypothetically,  If the dominant
> player becomes 98 % of the market you shut down your competition authority
> and cheer for the monopoly.
>
> Finally an administrative issue.  The DG of CA plus other board members
> are picked through a process involving executive oversight,  so too the
> Competition Authority. In our current circumstances, Mshwari banks with
> CBA. Conflict of interest all day long.
>
> So to reiterate,  part of the point of competition regulation is not only
> to prevent abuse of dominance,  but also to facilitate competition.  That
> could even involve rules prohibiting vertical or backward integration
> between platforms.
>
>
>
>
>
>
>
>
> On Thu, Aug 2, 2018, 1:24 PM Phares Kariuki <phares.kariuki at gmail.com>
> wrote:
>
>> Douglas,
>>
>> My thinking around this is a little more nuanced. Customers will always
>> be disappointed with their service providers, there are ways in which all
>> these players can compete especially given the age of the population. There
>> are two ways to look at this - there's a failure by the regulator to break
>> apart Safaricom or there's a failure by the competitors to take care of
>> their customers. We cannot punish Safaricom for succeeding in that regard.
>> There are many options available for competitors including; figuring out
>> device rental and contract packages for enterprises (perhaps an old model),
>> better customer care (Safaricom has more care centers in Nairobi alone than
>> the competitors have Nationally), quality of the network etc. A fixation on
>> the competition and not on the customer seems to me to be the bigger
>> problem; Safaricom is by far the most expensive network and yet even with
>> twin sim phones, folks still use Safaricom for voice/sms/data. Before
>> M-Pesa Safaricom still had a bulk of the customers; Safaricom market share
>> has gone down over the years since it launched M-Pesa....
>>
>> The interconnection rate is hovering at a shilling. It's dirt cheap to
>> connect to Safaricom; this has been the case for a while.
>>
>> On Wed, Aug 1, 2018 at 3:49 PM, Douglas Gichuki <dgichuki at strathmore.edu>
>> wrote:
>>
>>> Phares,
>>>
>>> Because the network walled garden has been sustained via mpesa rather
>>> than connectivity, FTTH.  Etc.  It is also likely the single largest cause
>>> for non- portability amongst non-enterprise users who are the majority of
>>> their voice and payments network. In the data market they have reasonable
>>> competition. In any case, breaking up the agent-network monopoly prevents
>>> the duplication of resources for a core function that is determinative of
>>> market crossover in the low to mid- tier segment.
>>>
>>> The other likely pinch point would be interconnection rate. Collapsing
>>> this would be helpful given the sheer volume of calls that emanate from
>>> Safaricom to rival networks.  Flat line interconnection,  and inter-
>>> operate payment networks and let's have the competitive contests move on to
>>> new differentiated services and products.
>>>
>>>
>>>
>>> On Wed, Aug 1, 2018, 2:37 PM Phares Kariuki via kictanet <
>>> kictanet at lists.kictanet.or.ke> wrote:
>>>
>>>> Aren't there other areas where Safaricom didn't have an advantage? e.g.
>>>> FTTH, Enterprise Connectivity etc? Why the fixation on voice/payments?
>>>>
>>>> On Tue, Jul 31, 2018 at 9:31 PM, Victor Kapiyo via kictanet <
>>>> kictanet at lists.kictanet.or.ke> wrote:
>>>>
>>>>> Let me just place the relevant provisions of the Competition Act (No.
>>>>> 16 of 2014) on the table:
>>>>>
>>>>> In Kenya, being dominant is not illegal. It is the abuse of the
>>>>> dominant position which is regulated as per the provisions below. The Act
>>>>> deals with dominance in two forms i.e. in terms of market share or market
>>>>> power. There is a presumption of dominance once an undertaking controls 50%
>>>>> of the market (s.23), or if its share is below 40%, where the entity has
>>>>> market power. Market power is defined as the power of a firm to
>>>>> control prices, to exclude competition or to behave to an appreciable
>>>>> extent, independently of its competitors, customers or suppliers.
>>>>>
>>>>> 23. Criteria for determining dominant position
>>>>> (1) For purposes of this section, “dominant undertaking” means an
>>>>> undertaking which—
>>>>> (a) produces, supplies, distributes or otherwise controls not less
>>>>> than one-half of the total goods of any description which are produced,
>>>>> supplied or distributed in Kenya or any substantial part thereof; or
>>>>> (b) provides or otherwise controls not less than one-half of the
>>>>> services which are rendered in Kenya or any substantial part thereof.
>>>>> (2) Notwithstanding subsection (1), an undertaking shall also be
>>>>> deemed to be dominant for the purposes of this Act where the undertaking—
>>>>> (a) though not dominant, controls at least forty per cent but not more
>>>>> than fifty per cent of the market share unless it can show that it does not
>>>>> have market power; or
>>>>> (b) controls less than forty per cent of the market share but has
>>>>> market power.
>>>>>
>>>>> The Act proceeds to define some of the instances where abuse can be
>>>>> seen to have occurred under s.24 below. The list is not exhaustive.
>>>>>
>>>>> 24. Abuse of dominant position and buyer power
>>>>> (1) Any conduct which amounts to the abuse of a dominant position in a
>>>>> market in Kenya, or a substantial part of Kenya, is prohibited.
>>>>> (2) Without prejudice to the generality of subsection (1), abuse of a
>>>>> dominant position includes—
>>>>> (a) directly or indirectly imposing unfair purchase or selling prices
>>>>> or other unfair trading conditions;
>>>>> (b) limiting or restricting production, market outlets or market
>>>>> access, investment, distribution, technical development or technological
>>>>> progress through predatory or other practices;
>>>>> (c) applying dissimilar conditions to equivalent transactions with
>>>>> other trading parties;
>>>>> (d) making the conclusion of contracts subject to acceptance by other
>>>>> parties of supplementary conditions which by their nature or according to
>>>>> commercial usage have no connection with the subject-matter of the
>>>>> contracts; and
>>>>> (e) abuse of an intellectual property right.
>>>>>
>>>>> It will be interesting to see how this law develops to clarify these
>>>>> questions especially in the ICT sector. It must be noted though, that there
>>>>> are undertakings that continue to engage in restrictive trade practices
>>>>> within the sector. I think discussions on dominance should focus on abuse
>>>>> and restrictive trade practices, regardless of the entity in the sector.
>>>>> Being dominant is no offence. Sometimes small players in order to gain
>>>>> market share engage in restrictive trade practices.
>>>>>
>>>>> The CAK is developing a number of regulations to clarify provisions
>>>>> and provide for relevant procedures under the Act. Once these are done,
>>>>> there should be greater clarity in the sector. It will over time need
>>>>> to develop the competence, courage and muscle in the scale of the EU
>>>>> Competition Commissioner, who recently slapped Google and Qualcomm with EUR
>>>>> 2.42 billion and EUR 997 million fines respectively for abusing their
>>>>> dominance.
>>>>>
>>>>>
>>>>> *Victor Kapiyo*
>>>>> Partner | *Lawmark Partners LLP*
>>>>> *Suite No. 8, Centro House, Westlands, Nairobi | **Web:
>>>>> www.lawmark.co.ke <http://www.lawmark.co.ke> *
>>>>> ====================================================
>>>>>
>>>>> *“Your attitude, not your aptitude, will determine your altitude” Zig
>>>>> Ziglar*
>>>>>
>>>>>
>>>>> On Tue, 31 Jul 2018 at 19:59, Walubengo J via kictanet <
>>>>> kictanet at lists.kictanet.or.ke> wrote:
>>>>>
>>>>>> @Andrew,
>>>>>>
>>>>>> Very true. Do not punish the dominant player, as long as they are NOT
>>>>>> abusing their dominance. Agreed.
>>>>>>
>>>>>> Imagine this country where the dominant player is NOT guilty of
>>>>>> abusing the dominance. He is innocently working hard, plays clean,
>>>>>> innovates regularly and thus retains dominance year in year out - without
>>>>>> hurting anyone.
>>>>>>
>>>>>> How will that address the fact that when that innocent dominant
>>>>>> player sneezes,
>>>>>>
>>>>>> 1) 67 % of mobile subscribers will not make a voice call.
>>>>>> 2) close to 70% of Kenyans will not connect on the internet.
>>>>>> 3) 81% of mobile money subscribers will not transact (basically the
>>>>>> economy can come to a halt)
>>>>>> (Ref Q3 2017/18 CA Report @ http://www.ca.go.ke/images/
>>>>>> downloads/STATISTICS/Sector%20Statistics%20Report%20Q3%
>>>>>> 202017-18%20.pdf
>>>>>>
>>>>>> Listers, this debate should never be about Safaricom per se, nor its
>>>>>> competition.  It is about what options Kenya as a nation has, in the
>>>>>> unlikely event  that Safaricom goes down - which we must admit is rare, but
>>>>>> we still must plan for such events.
>>>>>>
>>>>>> One option is to work extra hard to ensure that Safcom never goes
>>>>>> down.  The other option is to ensure that if it does, the Statistics above
>>>>>> are contained within a 'manageable size' of the market.  My take is that we
>>>>>> should try and  do both.
>>>>>>
>>>>>> If the above principle is agreed. The rest, as they say will be
>>>>>> details.
>>>>>>
>>>>>> walu.
>>>>>>
>>>>>>
>>>>>> On Tuesday, July 31, 2018, 12:45:44 PM GMT+3, Andrew Alston via
>>>>>> kictanet <kictanet at lists.kictanet.or.ke> wrote:
>>>>>>
>>>>>>
>>>>>> I have another take on this – in terms of dominance and monopolies
>>>>>>
>>>>>>
>>>>>>
>>>>>> Firstly – let me start by saying that I don’t have a problem with
>>>>>> what I would call de-facto monopolies – that being, a monopoly that is a
>>>>>> monopoly purely by virtue of being the primary (or only significant) player
>>>>>> in the space – and I’m far from convinced that declaring such a player
>>>>>> dominant and then trying to deliberately degrade their dominance is the way
>>>>>> to go.
>>>>>>
>>>>>>
>>>>>>
>>>>>> That being said – which such dominant players and potentially
>>>>>> monopolies may exist – the key to dealing with them is to ensure that the
>>>>>> regulatory environment exists to allow for the emergence of competition.
>>>>>> Basically – if a player is either dominant or a monopoly – it must be
>>>>>> constrained from behaving in a manner that would supress the emergence of
>>>>>> true competition that is created by the free market (I.E I believe that
>>>>>> there should be strict limitations on anti-competitive practices that
>>>>>> should be strongly and vigorously enforced).  This however is different
>>>>>> from saying, a player is dominant or a monopoly, and hence we must split
>>>>>> them up or force them into actions which actively CREATE the competition –
>>>>>> they are very different things.
>>>>>>
>>>>>>
>>>>>>
>>>>>> A classic example of this is the situation we find ourselves in with
>>>>>> AFRINIC – They are a de-facto monopoly on the continent being the only RIR
>>>>>> – and this would not be a problem if they a.) allowed their customers to
>>>>>> transfer out to another RIR off continent or b.) the ICP-2 regulations
>>>>>> allowed for the foundation of a second RIR – since (b) isn’t there, and
>>>>>> since AFRINIC point blank refuses to implement (a) using the excuse that
>>>>>> “the community hasn’t passed such” – I would argue they are behaving in a
>>>>>> manner that is anti-competitive and should be subject to sanction under
>>>>>> anti-trust regulations.
>>>>>>
>>>>>> However – in the same vein – I would not advocate that AFRINIC be
>>>>>> forced to create a competitor – they are free to keep their monopoly on
>>>>>> continent so long as they allow their customers to up and go elsewhere
>>>>>> should they choose to do so.
>>>>>>
>>>>>>
>>>>>>
>>>>>> The same thing applies to any dominant player – ensure they are not
>>>>>> using that dominance to supress competition and remove the ability for
>>>>>> competition to rise – and I have no problem with it.  However, allowing
>>>>>> them to remain dominant while adopting anti-competitive practices – that is
>>>>>> another story all together.
>>>>>>
>>>>>>
>>>>>>
>>>>>> So the question we need to ask ourselves is – are we seeing
>>>>>> anti-competitive practices and practices designed to enforce dominance – if
>>>>>> yes – we have a problem – if no – let the free market take care of the
>>>>>> issue.
>>>>>>
>>>>>>
>>>>>>
>>>>>> Just my thought
>>>>>>
>>>>>>
>>>>>>
>>>>>> Andrew
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> *From:* kictanet <kictanet-bounces+andrew.alston=liquidtelecom.com@
>>>>>> lists.kictanet.or.ke> *On Behalf Of *Ali Hussein via kictanet
>>>>>> *Sent:* 31 July 2018 10:37
>>>>>> *To:* Andrew Alston <Andrew.Alston at liquidtelecom.com>
>>>>>> *Cc:* Ali Hussein <ali at hussein.me.ke>; Admin CampusCiti via kictanet
>>>>>> <kictanet at lists.kictanet.or.ke>
>>>>>> *Subject:* Re: [kictanet] Telcos CEOs on the spot in push to declare
>>>>>> Safaricom dominant
>>>>>>
>>>>>>
>>>>>>
>>>>>> @Walu
>>>>>>
>>>>>>
>>>>>>
>>>>>> Your statement below sort of negates all that you have said, nah? :-)
>>>>>>
>>>>>>
>>>>>>
>>>>>> *Infact MPESA is BOTH a platform and a product at the same time. They
>>>>>> just chose to play by product rules when it is convenient to shield them
>>>>>> from platform responsibilities.*
>>>>>>
>>>>>>
>>>>>>
>>>>>> We can continue this conversation further over a biryani lunch.. (And
>>>>>> Steve Chege is welcome to join us) :-)
>>>>>>
>>>>>>
>>>>>>
>>>>>> Regards
>>>>>>
>>>>>>
>>>>>> *Ali Hussein*
>>>>>>
>>>>>> *Principal*
>>>>>>
>>>>>> *AHK & Associates*
>>>>>>
>>>>>>
>>>>>>
>>>>>> Tel: +254 713 601113
>>>>>>
>>>>>> Twitter: @AliHKassim
>>>>>>
>>>>>> Skype: abu-jomo
>>>>>>
>>>>>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>>>>>>
>>>>>>
>>>>>>
>>>>>> 13th Floor , Delta Towers, Oracle Wing,
>>>>>>
>>>>>> Chiromo Road, Westlands,
>>>>>>
>>>>>> Nairobi, Kenya.
>>>>>>
>>>>>>
>>>>>> Any information of a personal nature expressed in this email are
>>>>>> purely mine and do not necessarily reflect the official positions of the
>>>>>> organizations that I work with.
>>>>>>
>>>>>>
>>>>>>
>>>>>> On Tue, Jul 31, 2018 at 10:15 AM, Walubengo J <jwalu at yahoo.com>
>>>>>> wrote:
>>>>>>
>>>>>> @Ali,
>>>>>>
>>>>>>
>>>>>>
>>>>>> I agree with everything you say below except on the platform thing.
>>>>>> MPESA is a indeed a platform, even by your own definition that you shared
>>>>>> below, which states:
>>>>>>
>>>>>>
>>>>>>
>>>>>> Platforms are structures that allow multiple products to be built
>>>>>> within the same technical framework.
>>>>>>
>>>>>>
>>>>>>
>>>>>> I had my own definition from a leading researcher in the regulatory
>>>>>> space, J. Bauer, (https://pdfs.semanticscholar.org/2c72/
>>>>>> 106282dfe7b5a35e5981cf02fe656cc7a5d7.pdf)
>>>>>>
>>>>>>
>>>>>>
>>>>>> He defines a platform  as follows:
>>>>>>
>>>>>>
>>>>>>
>>>>>> “technological foundations upon which other products, services,and
>>>>>> systems are built”
>>>>>>
>>>>>>
>>>>>>
>>>>>> MPESA has provided  the foundation and APIs upon which banking,
>>>>>> eCommerce, Payment Gateways, etc have been built.  It is a platform,
>>>>>> irrespective of the fact that initially it was not designed as such.  Even
>>>>>> FB, Google, AWS, and many others were initially private entities but
>>>>>> organically grew into being platforms.
>>>>>>
>>>>>>
>>>>>>
>>>>>> Which really is the regulatory crux of the matter. The owners of
>>>>>> these emerging platforms still want to play by the old rules when their
>>>>>> systems were Products, conveniently ignoring the fact that they are
>>>>>> actually now Platforms.
>>>>>>
>>>>>>
>>>>>>
>>>>>> Infact MPESA is BOTH a platform and a product at the same time. They
>>>>>> just chose to play by product rules when it is convenient to shield them
>>>>>> from platform responsibilities.
>>>>>>
>>>>>>
>>>>>>
>>>>>> But it is an interesting and wide topic.  Maybe Safcom should sponsor
>>>>>> a 1week e-discussion to enable this to be ventilated.
>>>>>>
>>>>>>
>>>>>>
>>>>>> walu.
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> On Monday, July 30, 2018, 8:11:40 PM GMT+3, Ali Hussein <
>>>>>> ali at hussein.me.ke> wrote:
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> @Walu
>>>>>>
>>>>>>
>>>>>>
>>>>>> I was baiting you..and you fell for it.. LOL
>>>>>>
>>>>>> !
>>>>>>
>>>>>>
>>>>>>
>>>>>> Let me first address the issue of Mpesa and
>>>>>>
>>>>>> the
>>>>>>
>>>>>> allegations that it is a Platform. I recommend the book *Platform
>>>>>> Revolution
>>>>>> <https://www.amazon.com/Platform-Revolution-Networked-Transforming-Economyand-ebook/dp/B00ZAT8VS4>*
>>>>>> by Geoffrey Parker, Marshall Van Alsytne and Sangeet Paul Choudrey.
>>>>>>
>>>>>>
>>>>>>
>>>>>> According to Tech blogger Jonathan Clarks
>>>>>> <http://jonathanclarks.blogspot.de/2009/06/what-is-difference-between-platform-and.html>,
>>>>>> “Platforms are structures that allow multiple products to be built within
>>>>>> the same technical framework. Companies invest in platforms in the hope
>>>>>> that future products can be developed faster and cheaper, than if they
>>>>>> built them stand-alone. Today it is much more important to think of a
>>>>>> platform as a business framework. By this I mean a framework that allows
>>>>>> multiple business models to be built and supported. For instance, Amazon is
>>>>>> an online retail framework. Amazon started by selling books. Over time they
>>>>>> have expanded to selling all sorts of other things. Apple iTunes started by
>>>>>> selling tracks and now uses the same framework to sell videos.”
>>>>>>
>>>>>>
>>>>>>
>>>>>> So back to my issue of whether M-Pesa is a Platform. M-Pesa wasn't
>>>>>> built from the ground up to be a Platform. To claim that M-Pesa is a
>>>>>> Platform is like saying that a VW Kombi
>>>>>> <https://www.google.com/search?q=VW+KOMBI&rlz=1C5CHFA_enKE800KE800&tbm=isch&source=iu&ictx=1&fir=oebAUZqbFmXsSM%252Ch9Cx7Tj_4hnt2M%252C_&usg=__V7SZyrLUT-w4mOWCnPSbExol-8A%3D&sa=X&ved=2ahUKEwjf2O6docfcAhXCxoUKHZuTCXIQ_h0wFXoECAoQCA&biw=1280&bih=726#imgrc=oebAUZqbFmXsSM>is
>>>>>> a Toyota VX  <https://www.toyota.com/landcruiser/> just because some
>>>>>> Jua Kali mechanic decided to put a 5.7-Liter DOHC 32-Valve V8 with
>>>>>> Dual Independent Variable Valve Timing with intelligence (VVT-i); 381 hp @
>>>>>> 5600 rpm; 401 lb.-ft. @ 3600 rpm into the Kombi - #JustSaying.. :-) With
>>>>>> all due respect to Safaricom of course..
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> Platforms are an amazing thing to behold. Apple IOS is a Platform.
>>>>>> The Amazon Ecosystem is a Platform. Google's Android is a Platform.
>>>>>> Facebook is a Platform. You get my point.
>>>>>>
>>>>>>
>>>>>>
>>>>>> We spend alot of time bashing Safaricom. And it is as it should be
>>>>>> since they are the Big Boys/Girls in our part of the wood
>>>>>>
>>>>>> s
>>>>>>
>>>>>> ..But Safaricom has so many problems..I wish we can exploit them
>>>>>> instead of wasting so much energy on them.. The world is full of companies
>>>>>> that Governments were unable to break up
>>>>>>
>>>>>> but the market took care of that.. The regulatory landscape is not
>>>>>> optimal for sure..and that can be worked on..But we also need to look
>>>>>> inwards..Barclays is already taking steps with Timiza, so is HF..And of
>>>>>> course there is Equity..The fact is this - We are all fighting for the 80%
>>>>>> of the 10% market Safaricom has in mobile money..#GoFigure
>>>>>>
>>>>>>
>>>>>>
>>>>>> I agree with you that the Regulator needs to get up to speed with the
>>>>>> new reality. However it's not that simple. Remember the tussle between the
>>>>>> CA (Communications Authority) and CAK (Competitions Authority of Kenya) on
>>>>>> the Market Study? Add to this mix the CMA (Capital Markets Authority) and
>>>>>> CBK (Central Bank of Kenya) to get an idea of how tough regulation is
>>>>>> today. At the height of the dominance conversation last year I attempted to
>>>>>> make a sense of it. See link below:-
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> Dominance, Regulation and the New Strategic Imperatives
>>>>>> <https://www.linkedin.com/pulse/dominance-regulation-new-strategic-imperatives-ali-hussein-kassim/>
>>>>>>
>>>>>>
>>>>>>
>>>>>> Here's a fact that most of us don't want to come to terms with. As
>>>>>> untidy as free markets are, they are more efficient than Governments.
>>>>>> Chairman William Kisang of the House Committee on Communication,
>>>>>> Information and Innovation is my hero for seeing off this continuous rant
>>>>>> on Dominance. Now he must take it one step further and create a Super
>>>>>> Regulator (It can be that the different regulators and arms of government
>>>>>> create a working committee that meets regularly and share notes to ensure
>>>>>> they are on the same page when it comes to Innovation and New Business
>>>>>> Models that transcend industries.
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> We must move forward. Safaricom's 'dominance' will be taken care of
>>>>>> by the Market. With a little help from a forward looking regulator of
>>>>>> course..I'm willing to bet my next year's salary on it. :-)
>>>>>>
>>>>>>
>>>>>>
>>>>>> Regards
>>>>>>
>>>>>>
>>>>>>
>>>>>> *Ali Hussein*
>>>>>>
>>>>>> *Principal*
>>>>>>
>>>>>> *AHK & Associates*
>>>>>>
>>>>>> +254 0713 601113
>>>>>>
>>>>>>
>>>>>>
>>>>>> Twitter: @AliHKassim
>>>>>>
>>>>>> Skype: abu-jomo
>>>>>>
>>>>>> LinkedIn: http://ke.linkedin. com/in/alihkassim
>>>>>> <http://ke.linkedin.com/in/alihkassim>
>>>>>>
>>>>>>
>>>>>>
>>>>>> "We are what we repeatedly do. Excellence, therefore, is not an act
>>>>>> but a habit."  ~ Aristotle
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> Sent from my iPad
>>>>>>
>>>>>>
>>>>>> On 30 Jul 2018, at 6:35 PM, Walubengo J <jwalu at yahoo.com> wrote:
>>>>>>
>>>>>> @Ali, am with Eng Kariuki on this one ;-)
>>>>>>
>>>>>>
>>>>>>
>>>>>> Indeed we are in the age of platforms (read MPESA as an example).
>>>>>> And yes we can't blame Safcom for milking MPESA to the hilt (eg. most
>>>>>> government service mobile money payments have a preferred providers ;-).
>>>>>>
>>>>>>
>>>>>>
>>>>>> I would rather blame the regulator for not seeing this coming, and
>>>>>> when they finally saw it, they dilly dallied to intervene (remember 2year
>>>>>> market study?)  Furthermore, previous thinking that platforms are sacred
>>>>>> corporate jewels not to be touched or  that  all markets will eventually
>>>>>> self-correct have been proved wrong elsewhere with FB, Google, etc coming
>>>>>> under heavy 'regulatory fire' in the recent past.
>>>>>>
>>>>>>
>>>>>>
>>>>>> I dont claim to have the answer to Safcom dominance, but I can claim
>>>>>> very strongly that the market forces will never self-correct the dominant
>>>>>> position that Safcom continues to enjoy.
>>>>>>
>>>>>>
>>>>>>
>>>>>> Is dominance  a good thing? Yes, for Safcom.  Is it a bad thing?
>>>>>> Yes, for a country that may realize that they cannot transmit election
>>>>>> results simply because the competing providers dont have presence in some
>>>>>> areas under their zones. Or that you can't access internet or send mobile
>>>>>> money coz Safcom network sneezed for an hour or two as it happened a week
>>>>>> ago.
>>>>>>
>>>>>>
>>>>>>
>>>>>> I have said this before, the dominance conversation must be rise
>>>>>> above competition issues and begin to be interrogated at the level of
>>>>>> national security.  If Safcom beats competition to pulp, it is good for its
>>>>>> shareholders (me with my very small shares  included), BUT it is bad thing
>>>>>> for the country that may discover they have no commensurate alternatives.
>>>>>>
>>>>>>
>>>>>>
>>>>>> That said, I dont believe baby sitting competition to beat Safcom is
>>>>>> the answer either.
>>>>>>
>>>>>>
>>>>>>
>>>>>> Only a new innovation, perhaps the next 'MPESA on a Blockchain' sort
>>>>>> of thing will be able to give  Safcom the challenge it deserves.
>>>>>>
>>>>>>
>>>>>>
>>>>>> walu.
>>>>>>
>>>>>>
>>>>>>
>>>>>> On Monday, July 30, 2018, 6:00:10 PM GMT+3, Admin CampusCiti via
>>>>>> kictanet <kictanet at lists.kictanet.or.ke > wrote:
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> John
>>>>>>
>>>>>>
>>>>>>
>>>>>> Fortunately I’m not a graduate of Telecommunications Law.. So I can
>>>>>> see clearly.. #JustSaying..
>>>>>>
>>>>>>
>>>>>>
>>>>>> I have always advocated for a review of the Framework on competition
>>>>>> in not just the Telco sector but most sectors. The Age of Platforms Is here
>>>>>> my brother. And we ignore it or focus on old school models of competition
>>>>>> at our own risk. The Government is a very inefficient way to correct market
>>>>>> conditions. Look at what is happening the world over.
>>>>>>
>>>>>>
>>>>>>
>>>>>> Why don’t we go ahead and also declare Uber dominant? Let’s engage on
>>>>>> this issue and not shoot from the hip. Chairman Kisang is my hero. He must
>>>>>> have been smoking the right thing that morning. :-)
>>>>>>
>>>>>> *Ali Hussein*
>>>>>>
>>>>>>
>>>>>>
>>>>>> +254 0713 601113
>>>>>>
>>>>>>
>>>>>>
>>>>>> 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 30 Jul 2018, at 5:37 PM, John Kariuki via kictanet <
>>>>>> kictanet at lists.kictanet.or.ke > wrote:
>>>>>>
>>>>>> Listers, Ali.
>>>>>>
>>>>>> It is a fact that  "In certain telecommunications market segments in
>>>>>> Kenya, SAFARICOM is dominant. Any graduate of telecommunications law will
>>>>>> confirm that. It has nothing to do with punishing success or innovation. It
>>>>>> is a matter of telecommunications and competition laws. If it was in UK or
>>>>>> EU I have no doubt that the issue would not have dragged this long.
>>>>>> Remember we also have the 'small problem' of Data Protection which has
>>>>>> dragged for at least 10 years. Just to repeat what one consultant told my
>>>>>> then bosses many years ago and I quote  "The fact that you refuse to see a
>>>>>> problem does not mean that it does not exist". If only we had listened!
>>>>>>
>>>>>>
>>>>>>
>>>>>> Sent from Yahoo Mail on Android
>>>>>> <https://go.onelink.me/107872968?pid=InProduct&c=Global_Internal_YGrowth_AndroidEmailSig__AndroidUsers&af_wl=ym&af_sub1=Internal&af_sub2=Global_YGrowth&af_sub3=EmailSignature>
>>>>>>
>>>>>>
>>>>>>
>>>>>> On Mon, Jul 30, 2018 at 14:37, Barrack Otieno via kictanet
>>>>>>
>>>>>> <kictanet at lists.kictanet.or.ke > wrote:
>>>>>>
>>>>>> ______________________________ _________________
>>>>>> kictanet mailing list
>>>>>> kictanet at lists.kictanet.or.ke
>>>>>> https://lists.kictanet.or.ke/ mailman/listinfo/kictanet
>>>>>> <https://lists.kictanet.or.ke/mailman/listinfo/kictanet>
>>>>>> Twitter: http://twitter.com/kictanet
>>>>>> Facebook: https://www.facebook.com/ KICTANet/
>>>>>> <https://www.facebook.com/KICTANet/>
>>>>>> Domain Registration sponsored by www.eacdirectory.co.ke
>>>>>>
>>>>>> Unsubscribe or change your options at https://lists.kictanet.or.ke/
>>>>>> mailman/options/kictanet/ kariuki_jn%40yahoo.com
>>>>>> <https://lists.kictanet.or.ke/mailman/options/kictanet/kariuki_jn%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.
>>>>>>
>>>>>> <Untitled>
>>>>>>
>>>>>> ______________________________ _________________
>>>>>> kictanet mailing list
>>>>>> kictanet at lists.kictanet.or.ke
>>>>>> https://lists.kictanet.or.ke/ mailman/listinfo/kictanet
>>>>>> <https://lists.kictanet.or.ke/mailman/listinfo/kictanet>
>>>>>> Twitter: http://twitter.com/kictanet
>>>>>> Facebook: https://www.facebook.com/ KICTANet/
>>>>>> <https://www.facebook.com/KICTANet/>
>>>>>> Domain Registration sponsored by www.eacdirectory.co.ke
>>>>>>
>>>>>> Unsubscribe or change your options at https://lists.kictanet.or.ke/
>>>>>> mailman/options/kictanet/info% 40campusciti.com
>>>>>> <https://lists.kictanet.or.ke/mailman/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
>>>>>> kictanet at lists.kictanet.or.ke
>>>>>> https://lists.kictanet.or.ke/ mailman/listinfo/kictanet
>>>>>> <https://lists.kictanet.or.ke/mailman/listinfo/kictanet>
>>>>>> Twitter: http://twitter.com/kictanet
>>>>>> Facebook: https://www.facebook.com/ KICTANet/
>>>>>> <https://www.facebook.com/KICTANet/>
>>>>>> Domain Registration sponsored by www.eacdirectory.co.ke
>>>>>>
>>>>>> Unsubscribe or change your options at https://lists.kictanet.or.ke/
>>>>>> mailman/options/kictanet/ jwalu%40yahoo.com
>>>>>> <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
>>>>>> Twitter: http://twitter.com/kictanet
>>>>>> Facebook: https://www.facebook.com/KICTANet/
>>>>>> Domain Registration sponsored by www.eacdirectory.co.ke
>>>>>>
>>>>>> 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
>>>>>> Twitter: http://twitter.com/kictanet
>>>>>> Facebook: https://www.facebook.com/KICTANet/
>>>>>> Domain Registration sponsored by www.eacdirectory.co.ke
>>>>>>
>>>>>> Unsubscribe or change your options at https://lists.kictanet.or.ke/
>>>>>> mailman/options/kictanet/vkapiyo%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.
>>>>>>
>>>>>
>>>>> _______________________________________________
>>>>> kictanet mailing list
>>>>> kictanet at lists.kictanet.or.ke
>>>>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>>>> Twitter: http://twitter.com/kictanet
>>>>> Facebook: https://www.facebook.com/KICTANet/
>>>>> Domain Registration sponsored by www.eacdirectory.co.ke
>>>>>
>>>>> Unsubscribe or change your options at https://lists.kictanet.or.ke/
>>>>> mailman/options/kictanet/phares.kariuki%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.
>>>>>
>>>>>
>>>> _______________________________________________
>>>> kictanet mailing list
>>>> kictanet at lists.kictanet.or.ke
>>>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>>> Twitter: http://twitter.com/kictanet
>>>> Facebook: https://www.facebook.com/KICTANet/
>>>> Domain Registration sponsored by www.eacdirectory.co.ke
>>>>
>>>> Unsubscribe or change your options at https://lists.kictanet.or.ke/
>>>> mailman/options/kictanet/dgichuki%40strathmore.edu
>>>>
>>>> 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.
>>>>
>>>
>>> *Note: *All emails sent from Strathmore University are subject to
>>> Strathmore’s Email Terms & Conditions. Please click here
>>> <http://www.strathmore.edu/en/email-policy> to read the policy.
>>>
>>> "Visit our Facebook <https://www.facebook.com/StrathmoreUniversity>Page
>>> and Twitter <https://twitter.com/StrathU>Account".
>>>
>>
>>
> *Note: *All emails sent from Strathmore University are subject to
> Strathmore’s Email Terms & Conditions. Please click here
> <http://www.strathmore.edu/en/email-policy> to read the policy.
>
> "Visit our Facebook <https://www.facebook.com/StrathmoreUniversity>Page
> and Twitter <https://twitter.com/StrathU>Account".
>

-- 
Grace Mutung'u
Skype: gracebomu
@Bomu
PGP ID : 0x33A3450F
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