Dear all forwarding message from Muruiki Mureithi regarding the Kenya Communications Amendment bill. best alice -------------------------------------------------------------------------------------------------------------------------------------------- -----Original Message----- From: Muriuki Mureithi [mailto:mureithi@summitstrategies.co.ke] Sent: 05 June 2007 12:44 To: 'Kenya ICT Action Network - KICTANet' Subject: online discussion on The Kenya Communications ( Amendment ) Bill 2007 - introduction Colleagues As you are aware the Kenya Government has at last published the Kenya Communications (Amendment) Bill 2007 . The purpose of the Bill published on May 17th , 2007 ( world telecommunications day) is to amend Kenya Communications Act 1998 . The structure of the bill as a follows; Clause 1 - 14 - change of name, new definitions, ICT policy development and promulgation , governance of the sector and constitution of the regulator , fines for contravention of the act Clause 15 - introduces part IVA on broadcasting services - regulation , licensing and revocation , and promotion of local content Clause 16 -29 - enhances penalties of the contravention of the Act, reduce the duration of notice of a grant of licence, refusal to grant or modification, exclude certain classes in the notice of grant of licence Clause 30 . introduces part VIA on information technology - legal recognition of electronic communications, electronic records and electronic transactions , offences . introduces part VIB universal service fund - establishment and operationalisation . introduces part VIC Fair competition and equal treatment - definition of dominant operator , investigation of unfair treatment clause 31 introduces miscellaneous provisions on National communications secretariat, establishment of the advisory councils ( content and universal service), action in the occurrence of an emergency, use of information by an operator, service to CCK etc clause 33 introduces two schedules . fourth schedule - operation of advisory councils - content and advisory . fifth schedule - transitional provisions and proposes to repeal other acts - Kenya broadcasting act, penal code, evidence act , part VII electronic records To understand the implication of the Bill , you need to study the Kenya Communications Act 1998 which is being repealed and the Bill itself . Once enacted the governing law will be information and Communications Act and will have far reaching implications in the sector for the next decade or so. it is therefore important for stakeholders to study the document. KICTAnet facilitated a review of the Kenya Communications Act 1998 last year using the a draft bill prepared by the Ministry of Infocom and developed a report supported by the stakeholders. This document made a number of proposals which were presented to the Permanent Secretary Dr Bitange Ndemo. Some of the proposals have been included in the Bill As this Bill awaits discussion in parliament , KICTANet wants to facilitate an informed debate on the Bill , these comments are intended to support the evolution of a law to make Kenya effective user of ICT for development .I invite you to read the Kenya Communications Act 1998, the Kenya Communications ( Amendment) Bill 2007 and the proposals by KICTANET as a resource for your comments . The Act and the Bill are available at the government printer and meanwhile we are making arrangements to scan have all documents hosted in a website for ease of access by end of Wednesday . We start the online discussion on Thursday 7th and will start with Clause 1-14 and follow the sequence . In the meantime , we welcome any comments on the structure and the process of online discussion between today and Wednesday 6th Regards Muriuki Mureithi