8/9/2019 Press Statement on the Kenya Information and Communication Regulations 2010

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PRESS STATEMENT ON THE KENYA INFORMATION AND COMMUNICATION

REGULATIONS 2010

Operators in the telecom sector we would like to individually and jointly

congratulate the government for taking the bold step to publish the following

regulations:

Kenya Information and Communication (Dispute Regulations) 2010

Kenya Information and Communication (Tariff Regulations) 2010

Kenya Information and Communication (Compliance Monitoring, Inspections and

Enforcement Regulations) 2010

Kenya Information and Communication (Fair Competition & Equality of Treat)

Regulations 2010

Kenya Information and Communication (Interconnection & Provision of Fixed Links

Access &

Facilities) Regulations 2010.

We laud the government for putting in place the regulations which will ensure

consumers are not exploited and that competitors in the industry stick to fair

competition practices.

 The introduction of the Kenya Information and Communication (Fair Competition &

Equality of Treat) Regulations 2010 in particular represents us the singular andmost significant indication of the independence and neutrality of the

Communications Commission of Kenya as an industry referee. We therefore look

forward to the implementation of the specific provisions of this regulation.

 The regulations are clear; no single operator is being targeted, because of their

dominance. What is being regulated is the abuse of dominance by any operator,

irrespective of whom it is. Indeed, different operators may fall within the definition

of dominant operator in one or more relevant markets as categorized by CCK and

therefore any player not abusing their dominant position need not fear.

 The regulations are in line with best practice the world. It is common forgovernments to put in place regulations to govern competition to correct situations

of market concentration in specific industries. The telecommunications sector in

Kenya is highly concentrated despite there being four operators and this is a clear

indication that government intervention was necessary to level the playing field.

 The regulations do not attempt to introduce price controls in the retail market. The

regulations intend to control only those areas where there is a monopolistic (no

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