For the full document please see: http://www.cck.go.ke/current_consultations/ Implementation of a Unified Licensing Framework & New Market Structure 1. Preamble In 2004 the Commission announced its intention to implement a unified licensing framework as a mechanism of harnessing the emerging technological opportunities as well as address the attendant regulatory challenges. The intention came about as a result of the realisation that technological convergence within the ICT sub-sector had rendered the long held technological oriented licensing approach untenable. Consequently the Commission adopted the principle of technology neutrality in the licensing framework and allowed any form of communications infrastructure to be used to provide any type of communications service that it is technically capable of providing including VoIP. The Commission further adopted in principle a unified licensing and regulatory model with the following as the main segments of the future market structure: • Network Facilities Provider (NFP) – who shall own and operate any form of communications infrastructure (based on satellite, terrestrial, mobile or fixed) • Applications Service Provider (ASP) – to provide all forms of services to end users using the network services of a facilities provider • Contents Services Provider (CSP) – to provide contents services such as broadcast (TV& Radio) material, and other information services and data processing services etc. Having taken this important matter through the initial consultation phase, the Commission has drawn up a new market structure herewith attached as Annex 1 as well as develop a set of principles and guidelines which it intents to use in the implementation of this new framework. The said principles and guidelines are presented in section 2a below. The Commission envisages that the implementation of this framework shall have a positive impact and draw benefits to the existing operators, consumers as well as the whole economy at large. 2. Consultation Process The 1st phase of the consultative process on this important subject matter was carried out both within the industry as well as with other stakeholders. Analysis of the responses received as well as the Commission’s views is presented in Annex 2 & Annex 3. see http://www.cck.go.ke/current_consultations/ The Commission now wishes to invite comments/contributions on the proposed market structure as well as the said set of principles and guidelines ( http://www.cck.go.ke/current_consultations/) on the subject matter. Respondents are required to ensure that their written submissions reach the Commission on or before 29th February 2008.