Ali,

You make a valid point on meaning of public participation. During the Broadband Strategy face to face meeting, it came out very strongly that time allocated for public participation was not sufficient, and that stakeholders had to literally burn the midnight oil to give submissions yet they have other full time engagements. The Steering Committee agreed that the public engagement process could have been handled in a better way. And one of the reasons floated for short timelines was that the document needed to be ratified in a weeks time for some other purpose that was not mentioned.

That said, the actors at the top of the process are the ones who can give us the status of the document. 

Regards


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


On Mon, 29 Apr 2019 at 15:54, Ali Hussein <ali@hussein.me.ke> wrote:
Mwendwa

What do you mean it's as good as ratified? 

Were comments and observations incorporated? Or if they weren't was there an indication on why these were not adopted? 

Public Participation MUST mean exactly that. People's views taken into account and a transparent process put in place. This list has always decried the perceived ticking 'of the box' Govt Apparatchiks take this most important of governance issues. What is the point of debating and adding views if we shall not see the fruits of our labor? Why not just dispense of it altogether?

We need someone to sponsor a bill in Parliament and define what Public Participation is and what the parameters are. This is something KICTANet needs to champion post haste.

Regards
 

Ali Hussein

Principal

AHK & Associates

 

Tel: +254 713 601113

Twitter: @AliHKassim

Skype: abu-jomo

LinkedIn: http://ke.linkedin.com/in/alihkassim


13th Floor , Delta Towers, Oracle Wing,

Chiromo Road, Westlands,

Nairobi, Kenya.


Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with.


On Mon, Apr 29, 2019 at 1:17 PM Mwendwa Kivuva via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Great feedback on the policy gaps, and our priorities (or lack of) as a country in aligning all policies and strategies to speak with one voice.

The raging debate on CA and broadband deserve more interrogation, and since it is a policy issue, I am moving it to this tread.

1. From the Movenpick validation of the new Braodband Strategy, it was very clear that the National Broadband Strategy 2023 was as good as ratified. Can we get an update if that is the correct position? That Strategy put broadband at a base of 2mbps. Just as a benchmark, FCC, the US equivalent of CA defines broadband as 25mbps down, and 3mbps up. Now that the new draft broadband strategy defines broadband as 2mbps, will CA update it's definition from the ITU standard of 256kbps and adopt a Kenyan standard? In 2019, and the types of applications we have, what can 256kbs do? The problem with a very low threshold, while insufficient for many usecases, it also lets providers off the hook because they are considered as having deployed broadband if they meet the low standards. While at it, does CA have a Broadband Speed Guide that advises users on what speeds can serve their usecase? e.g. browsing and emails, VOIP, social media, hosting, streaming videos, video conferencing, etc. (I know Safaricom has tried a speed guide that advises it's users). Also when issuing the sector statistics, can CA  segment the different speeds so that we can know where we are as a nation. For example, say 256kbps and below is 30%, between 256kbps and 1mbps is 50%, etc.

2. Does CA harmonize sector statistics with the National Broadband Strategy? The new broadband strategy is as good as passed. While CA start basing it's statistics with the new strategy?

On Sat, 27 Apr 2019 at 13:12, Barrack Otieno <otieno.barrack@gmail.com> wrote:
Dear Kivuva and Listers,

Kindly find my responses in line:

On Thu, Apr 25, 2019 at 1:35 PM Mwendwa Kivuva via kictanet <kictanet@lists.kictanet.or.ke> wrote:

Thank you Listers, we have had a great debate so far. There are so many issues that have remained hanging on the first thread. I hope we can continue debate on those issues, and tie the loose ends.


We will move on to broadband policies.


Here is a brief background. Kenya enacted a National Broadband Strategy in 2013. This was updated to the Draft National Broadband Strategy 2023 that takes into account recent technological, industry trends and market realities. The Draft strategy went through public participation in March 2019. It covers; Infrastructure and connectivity, Content services and applications, Policy - regulations and Legislation, Capacity building and innovations, Broadband devices, Finance and investment, Privacy and Security, Role of stakeholders in expanding broadband penetration, Governance and delivery framework. The outcome of the public participation has not been released to the public by the National Broadband Strategy Steering Committee. We hope to get an update on that.


We also have the ICT Policy 2006, and the yet to be ratified Draft ICT policy 2016. The ICT policy should be the overarching policy on which the other policies in the sector branch from. Probably we will get an explanation on how new ICT related strategies are being drafted without an updated ICT policy.


This leads to the following questions:

  1. How is the sector regulated and what complimentary policies are in place?
I would like to give credit to the team that developed the 2006 policy. It was a forward thinking document coupled with great leadership at the time. We had great Permanent Secretaries then namely Eng Rege and Dr. Ndemo and great support from Hon Poghisio the Minister of ICT who spent a lot of time with the community trying to figure out ways of ensuring we great a conducive environment for growth and developement of the ICT Sector. Strategic documents were prepared in a transparent manner, ratified and implemented by all stakeholders led by the government. Come 2016 we started seeing scenarios where some stakeholders are more equal than others and scenarios where strategic documents are prepared through public participation but ratified without the publics involvement. This has led to apathy to say the least and slowed down the pace of developement in the sector. I would safely conclude that we are currently on autopilot mode though i stand to be corrected.
  1. What complimentary laws and regulations are in place that either stifle, or promote broadband? 
We need Data Protection Laws. We seem to suffer from analysis paralysis. There is need for proper consultation and leadership to ensure we have widely accepted Data Protection and Consumer Protection Laws in place since our neighbours have already enacted such legal instruments. We need to restore trust among stakeholders in the sector.
Most of the issues stifling broadband stem from County Assemblies. Exorbitant way leave charges and lack of Broadband Strategies or Frameworks within County Governments. We need to find a way of addressing this issue.
How the Universal Access Fund is managed will also determine the extent to which we will successfully attain our broad band targets. Can CA shed some lights on what has been achieved so far and the gaps that need to be filled?
  1. How is the business environment for those who want to venture into provision of broadband services?  
There is definitely demand for broadband services. There have been notable efforts by University Students and local SME's to provide wi-fi to Hostels and Communities surrounding them. However the lives of this SMEs is totally dependent on the big boys (Telcos). for example they rely on sharing masts with Telcos provided they buy bandwidth from them and for as long as the Telcos dont have an interest in providing broadband to customers in their particular areas of operation. I need to be educated on policies around sharing of Infrastructure. Do we have any? Capital Expenditure is the greatest challenge for those who want to venture into Broadband Services. Acquisition of Spectrum Licenses, Masts, Permits from county governments and landowners to mount masts on their facilities, marketing of products and services to local communities.
  1. What policy interventions can be put in place to promote broadband uptake?
I think we need to resolve the issue of last mile connectivity by engaging local county assemblies across the nation to equip them with the skills needed to enact laws that will promote broad band uptate.
We also need to review policies and guidelines around infrastructure sharing to encourage more SME's to venture into broadband business.
If possible we may need to zero rate taxes on equipment operating within the 2.4 or 5.8 ghz range which can support Community Networks. We have very strong Nyumba Kumi initiatives which community networks can piggy back on. In summary we need leadership

Looking forward to a great policy day.

Asante

Asante

Sincerely,
______________________
Mwendwa Kivuva

_______________________________________________
kictanet mailing list
kictanet@lists.kictanet.or.ke
https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Twitter: http://twitter.com/kictanet
Facebook: https://www.facebook.com/KICTANet/

Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/otieno.barrack%40gmail.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.


--
Barrack O. Otieno
+254721325277
+254733206359
Skype: barrack.otieno
PGP ID: 0x2611D86A
 



_______________________________________________
kictanet mailing list
kictanet@lists.kictanet.or.ke
https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Twitter: http://twitter.com/kictanet
Facebook: https://www.facebook.com/KICTANet/

Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.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.