Telecommunications

The Commission constantly receives a wide-range of queries from various stakeholders touching on ICTs in general and telecommunications services in particular. The following are the Frequently Asked Questions (FAQs):
  1. What is unified licensing framework (ULF) and why has CCK adopted it?

    In the past authorization of players in the communications sector was done on the basis of distinct technologies and services they offered. However, advancements in technology in the recent past has led to convergence rendered the technological oriented licensing approach untenable.
    Consequently the Commission recently adopted a Unified Licensing Framework (ULF) as a mechanism of harnessing the emerging technological opportunities as well as addressing the emerging regulatory challenges. This framework is based on the principle of technology neutrality that allows any form of communications infrastructure to be used to provide any type of communications service.
     

  2. What will happen to licensee who were in the former framework?

    The process of migration from the current licensing framework into the technology neutral Unified Licensing Framework (ULF) designed to ensure a smooth migration of all existing licensees. Consistent with this objective in mind licensees are not charged or incur any expenses relating to the horizontal migration of existing licenses.

    The diagram shown below gives the possible migration scenarios for the existing licensees depending on their scope of operation.

    ulf_faqs

    Note: Licensees that migrate horizontally to ULF will not be required to pay additional fee. However, those wishing to upgrade licences i.e. vertically upgrade will be subjected to the usual application process.

     

  3. In the past, CCK required that licensees register different licence categories under different entities; is this requirement still necessary under ULF?

    The previous requirement that licenses be held under separate entities was intended to safeguard against cross-subsidization. Under ULF cross-subsidization between the various license categories is still not permitted. However instead of using separate entities, under ULF, firms with multiple licenses are required to structure their operations and submit distinct operational and accounting returns to the Commission as part of their quarterly and annual compliance returns for compliance and auditing purposes.

  4. Is it mandatory to migrate to the ULF?

    The migration of existing players from the current framework to unified licensing is guided by the need to ensure that the existing licences are converted on the same or more favourable terms and conditions under the new licensing framework. In addition and for purposes of ensuring a level playing field the framework will in general be applied to both existing and new licensees and in a manner that ensures that none of the parties is disadvantaged.

    It is however recognized that there are some licensees who may not be able to migrate to the new framework immediately. The Commission will ensure that licensees who choose to operate under their existing licenses retain those licenses under their original terms.

  5. Since all operators now have ULF licences, why are the GSM operators providing special services?

    Under the ULF there is no distinction between say mobile or fixed services, satellite or terrestrial services, data or voice services, etc. Instead licensees will be categorized based on whether they are Network Facilities Provider, Application Service Providers or Content Services Providers. Indeed players have began to transform their business model in line with the technological changes as well the changing consumer demands.

  6. If I am an ASP, do I require a Contractor licence?

    In case you intend to outsource your installation services, you will not need a Contractor license.

  7. If I am an NFP, can I provide services to end-users?

    An NFP licence provides for the establishment of electronic communications systems upto the end user but does not provide for the running of application or provision of content services to end-users.

  8. The difference between ASP and CSP services is not clear

    ASP provides for the operation of electronic platform/s with appropriate application software enabling end-users to convey electronic signals to desired destinations. On the other hand, CSP provides electronic platform with appropriate interactive software enabling end-users to access stored information.

  9. The 135 days licence processing period is too long

    This is the maximum period for processing a straight forward application. Normally the period is shorter.

  10. The licence fees are very high

    The fees charged by the Commission are commensurate with the costs related to the regulatory services provided and are rationalized to take into account of the size of the licensees (0.5% of annual gross turnover). Our fees are in fact among the lowest even by global standards.

  11. Why does CCK issue NFP licences without frequencies?

    Noting that frequency spectrum is a very scarce resource the Commission encourages NFP’s to use alternative technologies.