Glad to:<br><br>Loss of internet users affects everyone and economic retardation, knowledge society, will be washed away, just like we lost fibre cable in 1995 see Vohra Speech < http://www.isoc.or.ke/speeches/launch_vohra.pdf><br><br>Thus, read my frustrations in the light of the many proposals made officially but nothing has ever been done. <br><br>Synopsis:<br><br>3 things for now maybe more later (if needed.)<br><br>1. Boost IT confidence for otherwise, there will not be any market left for business, no e-government, information society....<br><br><snip><br>You can find them on <a onclick="return top.js.OpenExtLink(window,event,this)" href="http://www.sweden.gov.se/sb/d/2156/a/22411" target="_blank">http://www.sweden.gov.se/sb/d<wbr>/2156/a/22411</a><br><br>The two reports are:<br><br>- Policy for the IT society - Recommendations from the members of the IT<br>Policy Strategy Group<br><br>An overall document with recommendations on what the government
should do.<br>It includes information from the 2nd report...<br><br>- Broadband for growth, innovation and competitiveness<br><br>> In April 2004 the Government�s IT Policy Strategy Group set up a<br>> working group on IT infrastructure and broadband. The primary task of<br>> the working group has been to support the Strategy Group by working,<br>> within the framework of a free market, for futureproof, accessible,<br>> competitionneutral, technologyneutral and coherent electronic<br>> communications networks, which are capable of meeting the challenges<br>> of the future. This report summarises the discussions and proposals.<br> <br><snip><br> <br>2. Because Regulator apparently never catchup, then establish consumer complaints portal (something like http://spokane.bbb.org/)<br> - ICT policy provides for consumers to frequently their concern areas ( a pity all our labored official documents were pulled down and replace
with a template at www.information.go.ke documents.<br> - Consumers register complaints against businesses at this portal. When the company addresses the issue, the complaint is struck off. governments not allowed to transact with business above certain complaints ratio - Promotes business ethics.<br> - Register members=>Consumer make responsible complaints not malicious to their competitors<br> <br>3. Regulation.<br><br>What is self regulation?<br> - A corporate basement corner "self-regulation" desk or acceptance to complaints, criticism and accepting the impact of one's action to others<br> - Regulator will have a "regulatory" job in this environment<br> - Currently consumer complaints collected by CCK just accumulate dust in their archives and this would be a good way to measure their performance contracts. (Business disputes area addressed in a flash) record. So
in a way consumers, will "regulate" the Regulator.<br><br>This is just a synopsis let me know if it suffices<br><br>Alex<b><i><br><br>Joseph Mucheru <mucheru@wananchi.com></i></b> wrote:<blockquote class="replbq" style="border-left: 2px solid rgb(16, 16, 255); margin-left: 5px; padding-left: 5px;"> Alex,<br><br>I may have missed you post, but have you proposed an appropriate<br>Consumer/Business/Regulatory structure that you believe will work? It would<br>help to have an idea of what you are proposing as a structure.<br><br>Thank you<br><br>--<br>Joseph Mucheru<br>Executive Director<br>mucheru@wananchi.com<br><br>> From: Alex Gakuru <alex.gakuru@yahoo.com><br>> Reply-To: Kenya ICT Action Network - KICTANet <kictanet@kictanet.or.ke><br>> Date: Fri, 2 Feb 2007 00:36:43 -0800 (PST)<br>> To: <mucheru@wananchi.com><br>> Cc: <ke-intenetusers@bdix.net><br>> Subject: Re: [kictanet] [Kictanet] Existing/Appropriate Regulatory Models for<br>> OFC
(2days)<br>> <br>> Kenya has been profusely bleeding internet users.<br>> <br>> In 2005, we had 1.5 million internet users but in Sept 2006, ITU revised the<br>> number to 1 million. CCK then urged some of us who raised this concern that<br>> they disputed the figure and urgently launched an Internet users study-census<br>> on 01 Nov 2006 at Mbagathi. We were all promised to be called back before<br>> end December 2006 for study findings. That never happened and January just<br>> end.<br>> <br>> Two week ago at the World Bank RCIP meeting at the Jacaranda Hotel, the PS in<br>> his presentation stated the number of internet users to be 1.25 million.<br>> <br>> Question, Going by the PS data, what could be causing internet loss in Kenya?<br>> <br>> Eight years after CCK was formed and section 23 and 47 of the communications<br>> act introduced, The Regulator is yet to show 1 practical initiative they have<br>> ever
implemented to protect consumers. Consumer protection, it would appear,<br>> is petulant and the law is broken without a blink while the Regulator embarks<br>> on situation containment-management, and life goes on.<br>> <br>> Is it time for Civil society to divorce itself from over engagement on<br>> commercial arrangement discussions between government and business and<br>> re-dedicate itself to serving the voiceless?<br>> <br>> Will all this fibre talk translate to real consumer cost savings or are they<br>> just the usual public marketing of the wonderful world to come, but as usual<br>> just in the future to keep hope high?<br>> <br>> In the meantime we continue talk on fibre while a third of our internet users<br>> are lost.<br>> <br>> Alex Gakuru<br>> <br>> <br>> Rebecca Wanjiku <rebeccawanjiku@yahoo.com> wrote: the question of regulation<br>> is tricky but as Kihanya points out, it is going to take a lot
of<br>> consultations and concessions between government and other stakeholders if the<br>> OFC is to work and serve the intended purposes,<br>> <br>> True, other countries have deregulated but what do you do in a country like<br>> say, Kenya where the anti monopolies commissioner is not in the fore front of<br>> addressing issues, am sure many people on the streets may not know the<br>> existence of that office.<br>> <br>> In the article by Roland Alden that Walu has recommended, he argues that<br>> many African govts have been resistant to change and adds that what is needed<br>> is regulation liberalization. Maybe that’s what is needed.<br>> <br>> But how do we start talking of deregulation when we can’t agree about the<br>> Act that will govern some of these issues.<br>> <br>> I may not be well versed with the law but am sure with the technological<br>> development, there will arise disputes
that were not envisaged in our current<br>> laws, how do we deal with that within the judicial system, we need an ACT<br>> Roland further contends that in some cases, regulators may have ordered a<br>> party to fulfill its part of the bargain, but when it failed, the judicial<br>> system "rarely provided any meaningful" compensation to the aggrieved party.<br>> <br>> Regulation, deregulation, appropriate law, and am sure all these issues must<br>> be discussed at one point....<br>> <br>> r<br>> <br>> joseph kihanya <kihanyajn@yahoo.com> wrote: The regulatory framework I am<br>> afraid has to have its background against what is and has become current over<br>> the last 15 years or so globally.<br>> It can be viewed both at the national level and at the international arena.<br>> It is important to note that regulation in telecommunications is a public<br>> policy matter for any country. Governments must design and
implement<br>> regulation based on the needs of a particular country and its peculiar<br>> historical or other circumstances, of course tending towards best practices.<br>> <br>> Telecommunications regulation in the transition from a monopolistic and<br>> largely anti- market based approaches to supply of services, to a market based<br>> approach in a liberalized era, mandated most governments and hence societies<br>> to seek regulatory oversight. This was against an anticipated reduction of<br>> oversight given that market forces/ competition was to guide, in the long<br>> term, the development of this industry as in others. Consensus appears to be<br>> that in the short term-as a guide/ facilitator to liberalization, regulatory<br>> bodies were and are required.<br>> It is indeed even anticipated that it is in this transitional stage that the<br>> regulators will be so busy – for the obvious reasons that the new
players<br>> may gain dominance very quickly and attain the monopolistic tendencies of the<br>> historical operators.<br>> Why is regulation in telecommunications important?<br>> 1. It authorizes new operators.<br>> 2. It removes barriers to entry.<br>> 3. It mandates interconnection between players.<br>> 4. It oversees the penetration of services in areas that commercial<br>> imperatives would not allow or pursue.<br>> The objectives of transparent telecommunications regulation are mainly the<br>> following;<br>> Oversee competitive markets by;<br>>  Promoting efficient supply of services.<br>>  Ensuring good QOS<br>>  Promote advances services<br>>  Enable the maintenance of efficient pricing.<br>>  Prevent abuse of significant market powers.<br>>  Protect consumer rights/privacy rights.<br>>  Facilitate interconnection thereby efficient use of
telecommunication<br>> services.<br>>  Oversee the optimal use of the finite radio frequency spectrum.<br>>> From the foregoing, it is clear that, in the short term at least, most<br>>> countries, Kenya included have an interest to regulate telecommunications<br>>> services provision.<br>> The question therefore only remains as to whether the OFC is within the ambit<br>> of what may be regulated in the industry.<br>> Deregulation is a theme that is in play in most jurisdictions that have<br>> achieved above optimal competitive markets. The case of the UK under the<br>> Communications Act 2003 and the role of OFCOM are in point.<br>> Given that there is no direct call for deregulation even under the National<br>> ICT policy 2006, it would appear that the strategies suggested at 3.3.1 in<br>> relation to information technology infrastructure would entail a fair amount<br>> of regulation. This is especially given the
fact that despite encouragement of<br>> the laying of the infrastructure, only so few options will be available,<br>> Indeed, in the OFC case, perhaps 2 will be a lucky option for many for the<br>> next 5-10 years or more.<br>> Do we then need a regulatory framework?<br>> <br>> My answer is yes and perhaps for tempering, a hesitant qualifier.<br>> <br>> Competition laws are likely to be the most fundamental “regulatory<br>> framework†for the OFC as indeed for any other services.<br>> It is particular to note that even in the UK the Office of Fair Trading and<br>> OFCOM share equivalent powers in relation to fostering competition. The CCK<br>> will have to; in the very short to medium term translate from the<br>> “licenserâ€- facilitator of entry- primarily- to a serious competition<br>> oversight body with sound, quick and efficient determinations. If I am not<br>> wrong the only recorded competition
determination relates to the cyber-café<br>> association- common pricing attempt- I stand to be corrected. Interconnection<br>> determinations have been one- Kencell vs TKL ?<br>> This will be countered and perhaps also enhanced by an independent competition<br>> body- the workings of the anti-monopolies commissioner under the Restrictive<br>> Trade Practices Act (Chapter 504 Laws of Kenya), are highly opaque.<br>> Other countries, such as Australia have also undergone a transformation from<br>> maintaining industry specific competition principles and statutes for the<br>> telecommunication sector to an all inclusive co- competition oversight regime<br>> in the interim and a sustainable sole competition / regulatory framework for<br>> all industries.<br>> As such therefore, regulation for the OFC may be through the competition<br>> framework under the CA 1998 or the KICT BILL 2006.<br>> Complete lack of regulation may therefore
not be an option at all.<br>> Whatever business model is adopted, the Key question is whether as a country<br>> in acute need of the OFC, we would facilitate its provisioning of services<br>> within the country without any regard to any oversight of any sort for<br>> whatever purpose.<br>> At the international level.<br>> The WTO and the ITU also anticipate regulatory oversight in telecommunications<br>> too and Kenya, being party to these organizations would be hard pressed to<br>> provision services without oversight (if that were possible), especially since<br>> the OFC will be extra-territorial.<br>> I would suggest that a reading of this Reference paper at the WTO would<br>> elaborate on this aspect. See<br>> www.wto.org/english/tratop_e/serv_e/telecom_e/tel23_e.htm<br>> <br>> <br>> The best regulatory models would for me therefore be within the competition<br>> framework.<br>> <br>> It would be difficult to try
and regulate any/the OFC, singularly, as it would<br>> also perhaps border on the unconstitutional, there being a bar againts<br>> discrimination under our Constitution.<br>> <br>> Sector specific competition regulation under the CA1998 may work in the<br>> meantime but in the long run a clear policy that has a generic definition of<br>> what significant market power is, would serve the industry best.<br>> <br>> Kihanya<br>> <br>> <br>> ----- Original Message ----<br>> From: John Walubengo<br>> To: kihanyajn@yahoo.com<br>> Sent: Wednesday, January 31, 2007 5:45:10 PM<br>> Subject: Re: [Kictanet] Day 8 of 10 : - Projected Impact of OFC on the<br>> Stakeholders<br>> <br>> <br>> Cool! u r on e-record- we expect something Regulatory from<br>> you on or before Day 10.<br>> <br>> thanx,<br>> walu. <br>> --- joseph kihanya wrote:<br>> <br>>> Thanks Walu for the discussion moderation.<br>>>
<br>>> I am doing something on the regulatory framework and will<br>>> post by day 10.<br>>> <br>>> On operators I would expect that there woulda be a<br>>> reciprocation in price and QOS issues.<br>>> I would expect that there would be publicly accessible<br>>> interconnection agreements under the non-discriminatory<br>>> technology-neutral Open Access principles .<br>>> I would also expect that there would have to bea busines<br>>> realignment to conform with new entrants at the local<br>>> lvel who the operators would indeed agree not to want to<br>>> "take over" asa soon asa a ROI looks good.<br>>> <br>>> <br>>> On the regulator, the paradigm shift in allowing<br>>> competition and enforcing it would be key.Competition<br>>> alone despite all that is siad about it is not known to<br>>> benefit consumers largely where duopolies or oligopolies<br>>> exits.
product and price shadowing takes centre stage and<br>>> one is not sure that the alternatives are not<br>>> exhorbitant.<br>>> <br>>> The regulator must also enforce QOS.<br>>> <br>>> The consumer must be ready for a vibrant market and take<br>>> up alternatives that make the best "cents".He /She must<br>>> be able to walk out..and perhaps to an<br>>> ombudsman(regulator) where QOS is not as per SLA or<br>>> other "promises.Whining loudly may help(See South<br>>> Africans vs Telkom SA in the Daily News recently)<br>>> <br>>> Kihanya<br>>> <br>>> <br>>> <br>>> ----- Original Message ----<br>>> From: John Walubengo<br>>> To: kihanyajn@yahoo.com<br>>> Sent: Wednesday, January 31, 2007 10:11:24 AM<br>>> Subject: [Kictanet] Day 8 of 10 : - Projected Impact of<br>>> OFC on the Stakeholders<br>>> <br>>> <br>>> I must thank all for
your valuable views shared over the<br>>> last two days regarding the previous theme :- what are<br>>> the<br>>> Best Models for Provisioning submarine OFC.<br>>> <br>>> Three models seem to have persisted throughout the<br>>> discussion, namely, Open Access (EASsy), Private-led<br>>> (Flag), and our famous Consortium models. Where Mucheru<br>>> mentions separation of Cable ownership from Cable<br>>> Management fits in squarely with the Open Access<br>>> thinking,<br>>> whereby, the investors in the cable (Govt, Public,<br>>> Private<br>>> Companies) appoint an independent management Agent (at a<br>>> fee) to Operate the Cable on their behalf on a<br>>> cost-recovery, open access basis. i.e Open to current and<br>>> future Operators wishing to connect to the landing points<br>>> or invest further in the cable on equal basis). The<br>>> cable<br>>> becomes an
essential service or public good, from where<br>>> Operators can compete to offer (other) Services at a<br>>> Profit.<br>>> <br>>> Flag- a Private Investment initiative came in with a<br>>> variant model where the cable is –privately owned but<br>>> promises to open access to the Landing points - but aims<br>>> to maximise returns on the investments made on the cable<br>>> infrastructure by reselling capacity at market rates.<br>>> They<br>>> also aim to play only at the Infrastructure level, rather<br>>> than at all levels, namely Infrastructure (cable) and<br>>> Services (Network and Application), opting to leave that<br>>> to ISPs and ASP(Application Service Providers)<br>>> <br>>> Nobody really pushed the Consortium model, but probably<br>>> Badru did hint strongly for such a model when he<br>>> mentioned<br>>> that Commercial interest should be let loose
to play<br>>> dynamically with the market forces. The Consortium model<br>>> is where a group of Operators get into a private, closed,<br>>> commercial agreement aiming to build, own and operate a<br>>> submarine cable with aim of maximising their returns<br>>> (profit) in the shortest time possible –social<br>>> connotation<br>>> notwithstanding.<br>>> <br>>> And this is where the Consumer has suffered. The<br>>> short-terms interests of investors must be balanced<br>>> against<br>>> the long-term social benefits that would accrue from a<br>>> affordable bandwidth provisions. Alex and LK seem to be<br>>> voice of the consumer here, urging the Regulator to flex<br>>> their muscle – probably now and more in future when the<br>>> OFC<br>>> is laid-out. <br>>> <br>>> In all this, the various financing options were not so<br>>> pronounced as
noted by Michael J. Apart from IPO<br>>> recommendation from Kai and Bill, the financing models<br>>> (Equity, Debt, etc) has not quite come through and I hope<br>>> someone could make comment on that within the remaining<br>>> three days as we discuss our next theme:- What is the<br>>> likely impact of the above models on the existing<br>>> stakeholders (Operators, Regulator and Consumers)? That<br>>> is, what do we see as the roles of the above stakeholders<br>>> in the new dispensation of the Optical Submarine Cable.<br>>> The<br>>> efloor is again open and we have two days on this one.<br>>> <br>>> walu.<br>>> Nb: a Face2Face meeting will follow up after this online<br>>> discussion where all these issues will be streamlined.<br>>> ~~~~~000~~~~~~<br>>> Theme Reminder:<br>>> 1) Why OFC (1day)<br>>> 2) Existing Business Models for OFC provisioning
(2days)<br>>> 3) Existing/Appropriate Regulatory Models for OFC (2days)<br>>> 4) Best Model (Business+Regulatory) for E. Africans<br>>> (2days)<br>>> <br>>> 5) Projected Impact on Stakeholders (2days)<br>>> <br>> <br>>> 6) Reconciling Stakeholder interests/Conclusions (1day)<br>>> <br>> <br>>> <br>>> <br>>> <br>>> <br>>> <br>>> <br>>> <br>> ______________________________________________________________________________<br>> ______<br>>> Looking for earth-friendly autos?<br>>> Browse Top Cars by "Green Rating" at Yahoo! Autos' Green<br>>> Center.<br>>> http://autos.yahoo.com/green_center/<br>>> <br>>> _______________________________________________<br>>> kictanet mailing list<br>>> kictanet@kictanet.or.ke<br>>> http://kictanet.or.ke/mailman/listinfo/kictanet<br>>> <br>>> Please unsubscribe or change your
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http://kictanet.or.ke/mailman/options/kictanet/rebeccawanjiku%40yahoo.com<br>> <br>> <br>> <br>> <br>> Rebecca Wanjiku,<br>> journalist,<br>> p.o box 33515, <br>> Nairobi.00600<br>> Kenya.<br>> <br>> Tel. 254 720 318 925<br>> <br>> blog:http://beckyit.blogspot.com/<br>> <br>> ---------------------------------<br>> Never miss an email again!<br>> Yahoo! Toolbar alerts you the instant new Mail arrives. Check it<br>> out._______________________________________________<br>> kictanet mailing list<br>> kictanet@kictanet.or.ke<br>> http://kictanet.or.ke/mailman/listinfo/kictanet<br>> <br>> Please unsubscribe or change your options at<br>> http://kictanet.or.ke/mailman/options/kictanet/alex.gakuru%40yahoo.com<br>> <br>> <br>> ---------------------------------<br>> Finding fabulous fares is fun.<br>> Let Yahoo! FareChase search your favorite travel sites to find flight and<br>> hotel
bargains.<br>> _______________________________________________<br>> kictanet mailing list<br>> kictanet@kictanet.or.ke<br>> http://kictanet.or.ke/mailman/listinfo/kictanet<br>> <br>> Please unsubscribe or change your options at<br>> http://kictanet.or.ke/mailman/options/kictanet/mucheru%40wananchi.com<br><br><br><br>_______________________________________________<br>kictanet mailing list<br>kictanet@kictanet.or.ke<br>http://kictanet.or.ke/mailman/listinfo/kictanet<br><br>Please unsubscribe or change your options at http://kictanet.or.ke/mailman/options/kictanet/alex.gakuru%40yahoo.com</kihanyajn@yahoo.com></rebeccawanjiku@yahoo.com></ke-intenetusers@bdix.net></mucheru@wananchi.com></kictanet@kictanet.or.ke></alex.gakuru@yahoo.com></blockquote><br><p>
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