2016 ICT WEEK THURSDAY 19TH MAY 2016

LAICO REGENCY HOTEL NAIROBI

DERICK SIMIYU KHAMALIkhamali@ca.go.ke

TELECOM COMPLIANCE REPORTING

Organogram

CA

TL TC STDs

LCS

Legal Obligation The Kenya Constitution The KICA as amended The Regulations 2010The license conditions International and National guidelines Domesticated Best practices and Laws. Directives and Rulings Statutory Compliance

Purpose Statistical reporting for National statistics To ensure level Playing field To provide market entry guidelines. To prevent interference To enable interconnection and conformityTo ensure quality of service delivery.To prevent illegal operations.

History Changing license regime Evolution in technology Advanced/diverse revenue streamsInformed and Educated consumersDecreasing cost of products/services and

increased purchasing power.Responsive and reactive complaints Increased competition and players. Increased services/range of offers.

Roles of the RegulatorLicense and Plan resources Monitor utilization of resources Monitor quality of services delivery Evaluate compliance and performanceIssue compliance reports and remedial actsCompile and release statistics on market

development.Enforce compliance to laws.

Roles of the OperatorInnovatively deliver servicesCompliance to the license conditions/lawsSubmit performance reports periodically.Submit statutory documents and Pay

relevant fees.Report any malpractices in the industry Compete fairly and at market ratesEngage regularly on matters of the industry.

Roles of the ConsumerConsume and pay for the services Observe the rules and buy genuine products.Only engage with licensed entities/personnelReport poor services or lack of serviceEngage with licenses and regulator on ICTsAttend training and consumer forums

Status Compliance levels low (50%) and Illegal

operators still on the marketOver 75% licensees responsive and aware30% of submitted compliance returns

inaccurate/incorrect/unfilled Consumers highly informed of rights but not

as much on requirements and rules.Regulatory capacity and presence limited.

Cases Unplaced segments of trade – car tracking

and fleet management services. (KASA) Government and public entities engaging

illegal service providers. Consumers complaint on force majeure casesInterconnect disagreements Illegal networks and services – SIMBoxing

and individual stalking / fraud

Regulatory Actions Licensing (ASPs)– car tracking and fleet

management services. (KASA) Notices to the public on using licensed

providers and warning illegal operators.Increased surveillance and arresting illegal

operators Levy of penalties up to 0.2% (min 500k) for allULF regime (IGS, NFP, ASP,CSP, TEC, TP,BPO)Litigation in Court of law.

Way Forward Annual Engagement with industry (ICT Week)Consumer Education in Counties (KikaoKikuu)Regional regulatory offices (Eldoret/Kisumu)Review of compliance reporting forms (now) New regulatory tools and mechanization Regulatory capacity building & diversificationEnhanced legal framework and penalties. Deregistering non compliant entities (700)

Expectations Improved reporting forms and response

levelsSustained inspections, monitoring and

surveillance for compliance Enhanced consumer protection using HQ and

Regional Offices. (chukuahatua)Fair competition and level playing field rid of

illegal networks.

Required Commitment Dedication Transparency Integrity Result Focus Team work Accountability

Transforming lives by ICTs

Thank You