Walu,Listers, If the report is correct and if the fund will be managed by CCK then fundamental governance issues will arise. The fundamental reference here is World Trade Organization and I quote some excerpts below: The WTO, GATS Reference Paper defines “Independent Regulator” as ‘separate from, and not accountable to, any supplier of basic telecommunications services. The decision of and the procedures used by regulators shall be impartial with respect to all market participants’. Further EU puts it as below: "EU directive 97/51 requires the establishment of national regulatory agencies and puts the condition that these: ‘shall be distinct from and functionally independent of all organizations providing telecommunications networks, equipments and services’. So without going into a long debate,I wonder how, in the above circumstances, operators can sit in a committee of a regulator? John Kariuki. ________________________________ From: Walubengo J <jwalu@yahoo.com> To: ngethe.kariuki2007@yahoo.co.uk Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Thursday, 11 July 2013, 17:27 Subject: Re: [kictanet] Regulator allows telcos to join fund after 3-year tussle @GG, not sure if this is true -that Telco Operators will now sit on the Universal Service Adv Council. Also not sure if this follows the input Stakeholders gave at Karen on Tue during the stakeholders meeting. I do understand why Operators would want to sit on this council - to ensure their financial contribution is not embezzled or misused. However, this may create a governance challenge, given my understanding of what the universal service fund is meant to address. Which is to allow government to raise some funds from Operators and then use the same to move communication services into non-economic areas. So one would expect some "independence" in terms of the Regulator determining which areas is non-economic, which services are needed there and which Operator will be selected to deliver the same. Am not sure how Operators sitting on this council will offer objective and independent counsel on such a matter where they will obviously be an interested party. What is likely to play out in this Universal Advisory Council is the big-man syndrome - that is, I see for example, Safaricom as an Operator may want to remind other that their 0.5% contribution is the highest, so their comments on which area is non-economic, which services are needed and which operator will provide the same may take precedence. Maybe am being too academic? What is the practice in other jurisdictions for members of this council? walu. ________________________________ From: Grace Githaiga <ggithaiga@hotmail.com> To: jwalu@yahoo.com Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Wednesday, July 10, 2013 10:49 PM Subject: [kictanet] Regulator allows telcos to join fund after 3-year tussle IN SUMMARY * Communications Commission of Kenya (CCK) said it had expanded the membership of the Universal Service Advisory Council (USAC) to nine from six to include representatives of the telcos, broadcasters and postal operators. * The move ends a three-year standoff that had stalled the fund, which was to receive 0.5 per cent of revenues from firms regulated by the CCK like Nation Media, Safaricom and Postal Corporation of Kenya. http://www.businessdailyafrica.com/Corporate-News/Regulator-allows-telcos-to... _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet 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@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ngethe.kariuki2007%40y... 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.