[kictanet] KICA Amendments: Universal Service Fund use and reporting

Fri Oct 25 10:32:14 EAT 2019

I have come across a detailed brief
<https://ca.go.ke/wp-content/uploads/2018/02/Universal-Service-Fund-Framework.pdf>
on the USF from the CA that's worth a read.

Regards,

*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 Fri, 25 Oct 2019 at 10:27, Barry Macharia via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> Spot on Kanini
>
> regards
> barry
>
> On 25 Oct 2019, at 09:42, kanini mutemi via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
> Morning Kivuva,
>
> Unfortunately I am on the other end of @Adam’s POV. The law must prescribe
> in the narrowest terms possible the uses USF should be put to. I am
> reminded of a recent order from the President that the USF funds be
> appropriated to fight cybercrime since the funds are idle.
>
> Secondly, I am quite uncomfortable with expanding the uses of the USF when
> we have no evidence that we have finally achieved 100% penetration levels.
> The amendment should be tailored towards demanding more transparency from
> the Authority, tightening reporting standards and returns to Parliament.
>
> Proposals on appropriating USF for capacity building especially for
> Members of Parliament- I would also oppose those strongly. CAK has other
> sources of funds besides USF - those can be appropriated for those other
> purposes. Let’s dedicate USF to its original purpose until everyone is
> online. Then we can talk about other extra-curricula activities.
>
> On Fri, 25 Oct 2019 at 09:10, Adam Lane via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> My opinion would be that a law should not prescribe how the USF should be
>> spent; instead the USF Advisory Council should be more representative of
>> both industry and beneficiaries to give better suggestions on how the money
>> should be spent both in terms of focus areas, as well as in terms of
>> implementation approach (and maybe it needs more power to direct the
>> purpose of the funds rather than just advise).  It is also crucial to have
>> stronger representation and engagement by ICT Authority, and maybe even
>> Transport Authorities etc to have better synergies. It shouldn’t be that
>> one funds 1.2m devices to primary schools, yet no-one funds internet to a
>> single one of those schools.
>>
>>
>>
>> There should be a lot more transparency on what is discussed and decided
>> in those meetings and how the USF is spent; the CA’s quarterly statistics
>> are the perfect opportunity to also share on progress of how many places
>> have been connected, and how many people have been using the
>> network/services. No need to wait for annual reports nowadays.
>>
>>
>>
>>
>>
>> *From:* kictanet [mailto:kictanet-bounces+adam.lane=
>> huawei.com at lists.kictanet.or.ke] *On Behalf Of *Barrack Otieno via
>> kictanet
>> *Sent:* Friday, October 25, 2019 8:08 AM
>> *To:* Adam Lane <adam.lane at huawei.com>
>> *Cc:* Barrack Otieno <otieno.barrack at gmail.com>
>> *Subject:* Re: [kictanet] KICA Amendments: Universal Service Fund use
>> and reporting
>>
>>
>>
>> Well said Twahir. That is why i have a problem with 10% of 18 billion
>> being allocated to Miscellaneous expenses. Ongeza Volume.
>>
>>
>>
>> Regards
>>
>>
>>
>> On Fri, Oct 25, 2019 at 8:03 AM Twahir Hussein Kassim via kictanet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>> Mwendwa,
>>
>>
>>
>> USF is a good idea BUT unfortunately as we know things Kenyan; are about *watu
>> wangu* or *kwetu. *I shared an *analysis *
>> <https://docs.google.com/spreadsheets/d/1KzvbBqyDi9Mv-pu6c5bVDm1wYVJM-O1COJvj9mG7K5Q/edit?usp=sharing>earlier
>> on how skewed the beneficiaries list was. If there was to be any sense on
>> legislating on this then I think legislating on how beneficiaries are
>> selected should be the thing. The very purpose of this fund was to ensure
>> areas where it didn't make economic sense for telcos, were covered.
>> Seriously, what justification can we give to see areas that have
>> perennially been marginalised be *AGAIN *marginalised on what had sort
>> to level the ground for them. To name just a few counties with their
>> allocations against their area (km2); Turkana (0 for an area 71,598km2),
>> Narok (2 for an area 17,921km2 ), Tana River (2 for an area 35,376km2)
>> compared against Machakos (69 for an area 5,953km2) and Kakamega (40 for an
>> area 3,034km2). It is baffling! And to say that schools in the area were
>> not e-ready I think is not a palatable excuse! The fund should have sort to
>> e-ready them!
>>
>>
>>
>> Seriously as an Kenyan, I am ANGRY at what is there on the ground. Have
>> been visiting institutions over the past few days and what I see is to say
>> the least very heart breaking.
>>
>>
>>
>> Sincerity to the people we serve is the much sort for *pishori *we need
>> to make this *biriani *(aka inclusivity) that we so badly need to
>> partake.
>>
>>
>>
>> THK
>>
>>
>>
>> On Thu, Oct 24, 2019 at 11:35 PM Mwendwa Kivuva via kictanet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>> Thank you Barrack,
>>
>>
>>
>> In another thread, you said "part of the USF funds ( i propose 5 %)
>> should be used for Capacity Building and Research for members of parliament
>> and other key stakeholders on emerging issues such as OTTs. This will
>> support Private Sector and Civil Society efforts. Academia can benefit from
>> the fund to do Research."
>>
>>
>>
>> Why would you propose the USF to be raided, while Parliament has its own
>> budget?
>>
>>
>>
>> See my response inline, for your other initial remarks.
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> On Thursday, 24 October 2019, Barrack Otieno <otieno.barrack at gmail.com>
>> wrote:
>>
>> Dear Kivuva,
>>
>>
>>
>> I think only 5% should be used to fund other objectives of the fund 10 %
>> for miscelleanous in a budget is extraneous. There are many interests
>> salivating for the fund as we have observed in the recent past. The
>> objective of the USF is very clear and the fund should be used to fullfill
>> this fund. CA has  whole department that can address quality control issues
>> hence we don't need to legislate this. I think Parliament should not be
>> misused by selfish interests.
>>
>>
>>
>>
>>
>> This is a very good observation, let QoS issues be budgeted and handled
>> within main CA budget. But how do you arrive at the 5% to fund other
>> objectives? You can imagine 5% of Ksh10B is Ksh500m.
>>
>>
>>
>>
>>
>>
>>
>> Regards
>>
>>
>>
>> On Thu, 24 Oct 2019, 4:38 pm Mwendwa Kivuva via kictanet, <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>> This is a continuation of the discusion on the proposed amendment of KICA.
>>
>>
>>
>> The new amendments to KICA proposed by Hon. Elisha Odhiambo, MP,
>> published on March 15th, 2019, seeks to substitute sub-section (2) of
>> section 84J that deals with Universal Service Fund (USF), with
>> Communications Authority (CA) mandated to provide annual reports to
>> parliament on the utilisation of the USF.
>>
>>
>>
>> (2) The object and purpose of the Fund shall be to
>>
>> a) promote the availability of quality of service at just, reasonable and
>> affordable rates for all consumers;
>>
>> b) increase nationwide access to advanced telecommunications services;
>> c) advance the availability of such services to all consumers, including
>> those in low income, and rural areas;
>> d) increase access to telecommunications and advanced services in
>> schools, libraries and rural health care facilities;
>> e) provide equitable and non-discriminatory contribution from all
>> providers of telecommunications services to the fund supporting universal
>> service programs; and
>> f) support capacity building and promote innovation in information and
>> communications technology services.
>>
>> (5) The USF shall be utilised by the Commission as follows
>> a) 6% shall be used for ensuring the availability of telecommunications
>> services to all consumers, including those in low income and rural areas;
>> b) 20% shall be used for increasing access to telecommunications and
>> advanced services in schools, libraries, and rural health care facilities.
>> c)10% shall be used for furthering the other objectives of the Fund as
>> the Commission may determine.
>>
>> The rationale of the bill is to prescribe how the USF is used and make it
>> mandatory for CA to report annually on its usage.
>>
>>
>>
>> What are your thoughts on this new amendment? Does it cover all use-cases
>> for USF e.g courier and news services? Are there other considerations you
>> would want to be included in the bill?
>>
>>
>>
>> Warm Regards
>>
>> ______________________
>>
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>>
>> --
>> ______________________
>> Mwendwa Kivuva, Nairobi, Kenya
>> https://www.linkedin.com/in/mwendwa-kivuva
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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
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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.
>>
>>
>>
>> --
>>
>> Barrack O. Otieno
>> +254721325277
>> +254733206359
>> Skype: barrack.otieno
>> PGP ID: 0x2611D86A
>>
>>
>>
>> _______________________________________________
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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.
>>
> --
> *Mercy Mutemi, Advocate*.
>
>
>
> _______________________________________________
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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
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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.
>
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