This document summarizes a presentation on telecom compliance reporting in Kenya. It discusses the roles and obligations of the regulator (Communications Authority), operators, and consumers. It notes that compliance levels are currently low, with inaccurate reporting and illegal operators still active. The regulator plans to take actions like increased inspections and penalties to improve compliance. The goal is fair competition and better consumer protection through engagement initiatives and a strengthened legal framework.

1. 2016 ICT WEEK
THURSDAY 19TH MAY 2016
LAICO REGENCY HOTEL NAIROBI
DERICK SIMIYU KHAMALI
khamali@ca.go.ke
TELECOM COMPLIANCE
REPORTING

2. Organogram
CA
TL TC STDs
LCS

3. Legal Obligation
The Kenya Constitution
The KICA as amended
The Regulations 2010
The license conditions
International and National guidelines
Domesticated Best practices and Laws.
 Directives and Rulings
Statutory Compliance

4. Purpose
Statistical reporting for National statistics
To ensure level Playing field
To provide market entry guidelines.
To prevent interference
To enable interconnection and conformity
To ensure quality of service delivery.
To prevent illegal operations.

5. History
Changing license regime
Evolution in technology
Advanced/diverse revenue streams
Informed and Educated consumers
Decreasing cost of products/services and
increased purchasing power.
Responsive and reactive complaints
Increased competition and players.
Increased services/range of offers.

6. Roles of the Regulator
License and Plan resources
Monitor utilization of resources
Monitor quality of services delivery
Evaluate compliance and performance
Issue compliance reports and remedial acts
Compile and release statistics on market
development.
Enforce compliance to laws.

7. Roles of the Operator
Innovatively deliver services
Compliance to the license conditions/laws
Submit performance reports periodically.
Submit statutory documents and Pay relevant
fees.
Report any malpractices in the industry
Compete fairly and at market rates
Engage regularly on matters of the industry.

8. Roles of the Consumer
Consume and pay for the services
Observe the rules and buy genuine products.
Only engage with licensed entities/personnel
Report poor services or lack of service
Engage with licenses and regulator on ICTs
Attend training and consumer forums

9. Status
Compliance levels low (50%) and Illegal
operators still on the market
Over 75% licensees responsive and aware
30% of submitted compliance returns
inaccurate/incorrect/unfilled
Consumers highly informed of rights but not
as much on requirements and rules.
Regulatory capacity and presence limited.

10. Cases
Unplaced segments of trade – car tracking
and fleet management services. (KASA)
Government and public entities engaging
illegal service providers.
Consumers complaint on force majeure cases
Interconnect disagreements
Illegal networks and services – SIMBoxing
and individual stalking / fraud

11. Regulatory Actions
Licensing (ASPs)– car tracking and fleet
management services. (KASA)
Notices to the public on using licensed
providers and warning illegal operators.
Increased surveillance and arresting illegal
operators
Levy of penalties up to 0.2% (min 500k) for all
ULF regime (IGS, NFP, ASP,CSP, TEC, TP,BPO)
Litigation in Court of law.

12. Way Forward
Annual Engagement with industry (ICT Week)
Consumer Education in Counties (KikaoKikuu)
Regional regulatory offices (Eldoret/Kisumu)
Review of compliance reporting forms (now)
New regulatory tools and mechanization
Regulatory capacity building & diversification
Enhanced legal framework and penalties.
Deregistering non compliant entities (700)

13. Expectations
Improved reporting forms and response
levels
Sustained inspections, monitoring and
surveillance for compliance
Enhanced consumer protection using HQ and
Regional Offices. (chukuahatua)
Fair competition and level playing field rid of
illegal networks.

14. Required
Commitment
Dedication
Transparency
Integrity
Result Focus
Team work
Accountability
Transforming lives by ICTs

15. Thank You