KICTANet submitted this memorandum responding to the call for input on the Kenya Information and Communications Amendment Bill 2023. The memorandum captures the concerns and highlights the proposals on relevant provisions of each of the Regulations.

We would be glad to provide further input and perspectives on the Regulations, as and when required, and the debate can still go on.

Linkt to the Memorandum: https://www.kictanet.or.ke/mdocs-posts/memorandum-on-the-draft-kenya-information-and-communication-act-amendment-bill-2023/

We want to thank those who contributed to the call for public participation.

Some of the contents of the bill are on programming code, spectrum fees waiver, and “dominant telecommunications service provider” 

Section. 27.
(l) ensure content aired during watershed period is appropriately classified and suitable for the period;
(m) ensure that programming on betting and gaming activities is duly authorized by Betting Control and Licensing Board

Section 47
(4) The Authority may, by notice in the Gazette, declare a person or institution to be a “dominant telecommunications service provider” for the purposes of this Act.
(5) In making a declaration under subsection (4), the Authority shall consider —
(a) the market shares of the telecommunications service provider being at least fifty per cent of the total revenue of the entire telecommunications market;
(b) significant market power enjoyed by the telecommunications service provider; and
(c) any other consideration the Authority may determine

Section 48
(4)The Authority in consultation with the National Treasury and on the recommendation of the Cabinet Secretary may waive spectrum fees where appropriate, to facilitate the provision of universal service in unserved and underserved areas of Kenya.

Best Regards,
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Mwendwa Kivuva, Nairobi, Kenya
https://www.linkedin.com/in/mwendwa-kivuva