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.
 

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.

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.

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.

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.

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.

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

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.

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.

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

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.

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

An applicant is required to duly complete the relevant application form and submit it together with necessary attachments and a non-refundable fee of Kshs1000. The procedure applicable depends on the service applied for and is detailed for each category of service in the procedure of licensing of radio stations. Click here for information on the relevant application forms

The frequency utilization fee is renewable annually and keeps the frequency licence in force. The applicable fee for each category of service is detailed in the 'frequency fee schedule' under licence fees .

The application processing on average takes about four to six weeks.

A clarification is required for some applicants from the Government organs so as to confirm the nature of the proposed service.

It is possible to connect or patch any equipment on the radio equipment as long as it is type approved by the Commission and the service provided by the other equipment is licensed.

Depending on the nature of service the frequency can be assigned for exclusiveuse, but is in most cases on shared basis due to the scarcity of spectrum.

The operation of duplex frequenc ies depends on the availability of the spectrum in the band and area of operation requested for.

Operation of more than one fixed base in any service is permitted as long as the frequency channels are available.

A cordless telephone is not allowed to operate outside the prescribed frequency and operating parameters within the National table of frequency allocation plan. Otherwise, it will cause harmful interference to other services allocated to the bands.

A list of Type Approved cordless telephones is available at the CCK website.

In HF propagation, the transmitted signal can be received over a range of 1000 km, and if the frequency is not notified to ITU, then it will not be protected against interference. Some neighbouring countries that do not have a regulatory administration have a tendency of using HF frequencies without coordination, hence causing a lot of interference.

If it is determined that the channel is too congested, an alternative frequency can be re assigned, depending on the nature of the service.

In most cases parties with similar interests are grouped together. Examples of such groups are tour operators, transporters and building contractors.

The frequency licence fee is based on the spectrum usage rather than the equipment.

During the application, the applicant defines the configuration of the network, on which the approval is based. The applicant is however free to expand or reduce the network, subject to obtaining approval from the Commission before the expiry date of the licence.

The Commission performs regular inspections to confirm that the configuration conforms to the licence.

The approved network is specific to a site or radius, and cannot be transferred to another site or other users without the approval of the commission.

The network can be expanded on approval from the Commission.

If equipment is stolen or unserviceable, the licensee should seek approval from the Commission to replace the equipment after availing adequate documentary evidence/proof on the status/ownership of the equipment in question.

The radio equipment can be purchased from any vendor, but the purchaser must confirm it is type approved by the commission before it is put into use.

In major towns where the spectrum is scarce, the only channel spacing allowed is 12.5 kHz, as was gazetted in 1995. In other areas where the spectrum is still adequate, the 25 kHz spacing can be used with the approval of the Commission.

The National broadcaster has been assigned frequencies nationwide.

The Private broadcasters have been assigned frequencies as follows:
 

Q21. What are the frequently encountered illegalities with regard to frequency utilisation?

The frequently encountered illegalities, which are mainly as a result of not operating within the licensed technical and operational parameters include the following:

• Programming a frequency other than the authorized one
• Using an equipment with incorrect channel spacing
• Emitting excess RF power
• Installation of a transmitter in a location other than that specified by the license
• Operation or possession of non-type approved equipment including cordless telephones
• Operating or possessing unlicensed radio equipment.

The use of these transceiver is allowed provided you adhere to the guidelines for use available on the CCK website.

All applications for postal/courier licenses should be addressed to the Commission as provided for by Section 77 of the Kenya Communications Act, No. 2,1998 and Kenya Information Communications Act No. 1, 2009.  Upon receipt of the application, the following process ensues:

Upon receipt of the application fee, the Commission checks whether the eligible applicant has provided the following:

• Payment of the prescribed non-refundable application fee (currently Kshs. 10,000)
• certified copy of proof of the list of directors from the registrar of companies(FORM CR12)
• certified copies of identification documents of company directors
• certified copy of proof of registration or incorporation in Kenya
• certified copy of proof of PIN card
• Certified copy of VAT Certificate of Compliance
• letter of application with company seal laying out the business plan

(Note: documents must be certified by a Commissioner of Oaths)

Once it is established that the applicant has met these conditions, the Commission:

• Publishes the applicant’s name in the Kenya Gazette, and awaits the expiry of 30 days within which representations on the application from interested parties could be raised
• Determines appropriate categorization of the applicant following successful gazette notification
• Advises the applicant of the category and license fee payable
• Issues the appropriate license and terms of operation upon payment of requisite annual fees

Any person who carries on business as a postal/courier without being registered by the  Communications Commission of Kenya commits an offence of operating postal services without a valid license contrary to Section 67 of the Kenya Communications Act (KCA) No.2 of 1998 and Kenya Communications (Amendment) Act, 2008. On conviction, offenders are liable to a jail term not exceeding (1) one year or a fine not exceeding ksh.200, 000 or both. Up-to date more than 45 illegal courier operators have been arraigned and convicted in various courts countrywide.

One of the reasons for licensing and regulating Postal/Courier services is to ensure provision of the said services at highest quality standards. Consequently using the services of licensed operators for conveyance and delivery of letters, packets, documents, packages, parcels and other postal articles guarantees customers of secure, quality and reliable services and recourse to recognized existing consumer complaint mechanisms already established by all licensed operators. Further, customers also benefit from consumer protection mechanism established by the Commission pursuant to the Kenya Communications Act, 1998. Members of the public are advised to only deal with duly licensed operators. 

CCK has so far licensed about 100 service providers in various categories offering a wide range of postal and courier services. They include:
Public Postal Operator: Charged with the responsibility of ensuring provision of universal postal services as an obligation (USO) and has and has the widest International and domestic coverage.
International Operators: Operates   internationally with both worldwide and domestic networks.
International In-bound Only: One-way operators; receiving items from overseas for local delivery.
 Regional Operators: M ajor operators within Kenya and also operate with East African network
Intra-country Operators: Operators within Kenya
Intra-city Operators: Operates only within a city/town boundary
Document Exchange: Operates a document exchange point for mail of a particular clientele

Annual operating License fees   
Public Postal Licensee
KSh. 3,750,000 
International In-bound operators
Ksh.75, 000 or 0.5% of turnover of audited accounts whichever is less
International operators
Ksh 450,000 or 0.5% of turnover of audited accounts whichever is less
Regional Operators
Ksh.93, 750 or 0.5% of turnover of audited accounts whichever is less
Intra country Operators
Ksh.60, 000 or 0.5% of turnover of audited accounts whichever is less
Intra city Operators
Ksh. 37,500 or 0.5% of turnover of audited accounts whichever is less
Document Exchange operators

Ksh. 22,500 or 0.5% of turnover of audited accounts whichever is less
This categorization and accompanying license fees are reviewed from time to time.

The Commission has licensed about 140 postal and courier operators. These include the Public Postal Licensee (PCK) and   other postal/courier operators.

Universal Postal Services refer to the consistent supply of basic postal services at affordable prices at all points in the country.

The Commission is currently developing appropriate programs and schemes geared towards realization of universal service obligation. It defines the USO (universal Service Obligation) services and ensures that PCK implements the same in the most appropriate manner

Licensed postal/courier operator’s growth trend is as shown in the table below:

The public postal licensee-Postal Corporation of Kenya (PCK) - has under the existing regulatory framework been granted certain exclusive rights/concessions in provision of certain basic postal services consistent with their roll out obligation to provide universal basic postal services throughout the country. The said services include delivery of letters weighing up-to 350 grams, operations of private letterboxes and printing/issuance of postage stamps. In respect of the concession, all other operators handling letters weighing up to 350 grams are required by law to charge at least five (5) times what PCK CHARGES. As an example considering that PCK charges Ksh.25/= for posting a basic letter, any other courier operator providing this particular services must charge at least Ksh.125/= under the said concession otherwise she/he will be contravening Section 48 1(l) of KCA on the Public Postal Licensee (Posta)’s exclusive services and therefore risks being penalized as indicated above.

These are conditions attached to postal licenses that the licensee has to meet for his license to remain in force or to be renewed. Failure to meet the conditions may lead to cancellation of the license. The license conditions for postal/courier operators are:

• Payment of license fees as prescribed by the Commission
• Requirement for the Public Postal Licensee to meet minimum quality of service standards as set by the Commission in regard to reserved services (i.e. operation of private letterboxes, printing & issuance of postage stamps and delivery of letters up to 350 grams)
• Operating from a permanent address registered with the Commission
• Provision of such information and returns as the Commission may request for the purpose of exercising its functions as assigned under the Act. 
• Obligation to charge the right tariffs for reserved services
• Obligation to display tariffs and complaint procedures
• Notification to the Commission of any postal articles suspected to have been sent in contravention of the Act e.g. illicit drugs, etc.

The Commission issues two types of postal licenses. These are:

• The Public Postal License issued to the Postal Corporation of Kenya (PCK), which is valid for 25 years from date of issue (subject to payment of annual operating license fee).
• Postal/courier licenses issued to other postal operators are valid for 15 years from date of issue (subject to payment of annual operating license fee).

The Commission has developed minimum standards of service performance expected from PCK in respect of reserved services. These will be reviewed from time to time as provided for under article 3 and 12 of the license conditions issued to PCK.

Postal Service Standards
Type of Network Connection
USO Obligation
Letters (local)
 Posted and for delivery within the same urban area*
-Posted before noon (1200 hrs)
J (same day delivery)
-Posted after noon (1200 hrs)
J+1
Posted in urban areas for delivery within other urban areas
J+1
Posted in urban areas for delivery in rural areas**
J+2
Posted in rural areas for delivery in other rural areas
J+4
Posted for delivery in special (hardship) areas***
J+6
Letters (International)
Same as local upon clearance at Airport
Private box/bag services
 Provision of Letter Boxes/Bags on application
-Urban Areas
-Rural Areas
1 month
2 weeks
4. Replacement of private box/bag locks
consequent upon loss of keys
1 day
NOTE
J Refers to day of posting
* Refers to all major towns including district headquarters.
** Refers to all other centers except major towns and special (hardship) areas.
*** Refers to areas with difficult climatic, infrastructural and security conditions.

 

Post does not necessarily refer to the Postal Corporation of Kenya (PCK) but means any system for the handling, collection, dispatch, acceptance, conveyance and delivery of postal articles operated by any licensee.

It means anything transmissible by post, including but not limited to letters, parcels, etc. The Act however vests powers of determining what constitutes a postal article in the Commission.

Courier services refer to any specialized service for the collection, dispatch, conveyance, handling and delivery of postal articles.

Numbering FAQs will be available soon.

CCK is the regulator of the ICT sector in Kenya.  It l regulates the provision of telecommunication, radio-communication, postal,  radio and television broadcast services in Kenya. The Commission also manages the coutry’s radio frequency spectrum as well as the use of electronic transaction services.

The Communications Commission of Kenya, National Environmental Management Authority (NEMA) and the Radiation Protection Board work closely to ensure that communications base stations are constructed and operated within the set safety standards with regard to electromagnetic emissions.

The Commission through its Consumer Education Programme has also developed factsheets and brochures on ‘Electromagnetic Energy and Human Health’ for use in the education of the public through its website and through is outreach activities.
 

Management of waste is the responsibility of every stakeholder in the communications sector. Licensees have an obligation to ensure that their systems are not a health, environmental or a safety hazard. The Commission is in the process of engaging relevant stakeholders in order to develop effective mechanisms that will enable the country to manage electronic waste in the most effective way.

After collecting public views on number portability, it is evident that the market is ripe for the introduction of number portability. Consequently, the Commission has embarked on the process of identifying an operator to manage and provide number portability services. It is expected that the services will be available by mid 2010.

The Commission sets minimum quality of service standards and ensures that consumers receive quality services from providers. The Commission, in recognizing that the provision of internet services through satellite connectivity is expensive and usually results in quality being compromised, has licensed submarine cable operators to provide optic fibre connectivity to the rest of the world.

The Government has also facilitated the construction of fibre optic national network (FONN) covering district headquarters and border towns.
 

The Commission has the legal mandate to assign frequencies for all types of radio-communication services in accordance with Kenya Communications Act and Kenya Communications Regulations.  This includes inter alia:

• Private land mobile radio-communications,
• Fixed radio services for private radio-communications and public telephony (e.g., microwave radio links),
• Two way mobile radio-communications service,
• Cellular mobile telephony,
• Maritime radio communications,
• Aeronautical radio-communications,
• Government related radio-communications for the civil service and public security,
• National defence,
• Radio navigation,
• Surveying and mapping,
• Satellite based radio-communication services,
• Emergency radio-communications for disaster management, distress alerting, search, rescue and recovery,
• Broadcasting services.

CCK is independent of the government and/or prevailing politics.  Frequencies for any category of radio-communication service are thus assigned upon application, but subject to availability of frequencies for the proposed service, but not based on political considerations.

CCK does not sell frequencies, but only levies a fee in accordance with the Kenya Communications Act and the Kenya Communication Regulations.

The current ITU Regulations makes no mention of any such “free frequencies”.  Nevertheless there are some frequency bands that are designated for use on shared and non-protected basis.  It is however up to each country to decide how to assign the frequencies in these bands and whether or not to charge any frequency fees.  The usage of these bands here in Kenya is charged for, but at rates that are considerably much lower than those charged for frequencies in bands designated for exclusive-use basis.  This is done in order to ensure orderly use of these bands, and thereby avoid creating very unstable and unusable frequency bands as has happened in some jurisdictions that have elected to apply a free-for-all spectrum management models.
 

Frequency spectrum is a limited resource that is finite.  The use and management of this resource is that is made a continuous and ever increasing challenge by:

• An ever increasing number of new types of radio-communication services.  New services such as 3G, WiMAX, TDAB, etc, which were not in the market until only recently are a case in point.
• An ever increasing number of existing types of radio-communication services.  The proliferation of the FM broadcasting stations and the ever increasing number of prospective broadcasters clearly illustrates this.

This challenge is mitigated through industry development of better performing equipment, as well as by more stringent engineering, to ensure optimization of the frequency spectrum resource.  However this notwithstanding, there are situations when spectrum gets exhausted (e.g., the current case of unavailability of FM sound broadcasting frequencies in many parts of Kenya today).  When the spectrum is fully assigned, new applicants cannot be served, and the unmet demand for frequencies is a challenge that is continuously faced by CCK in its quest to manage frequency in Kenya.  CCK charges spectrum fees in order to discourage users from hoarding spectrum, and also repossesses spectrum that is not being used.

Over the last 10 years, mobile calling rates have significantly reduced as a result of targeted interventions championed by the Commission and the Government. In recognition of the fact that access to affordable mobile telephone services is an important aspect of the country’s social economic development, the Commission has been at the forefront in championing for tax relief on telecommunication services and equipment in order to make them affordable and accessible to the wider public. Consequently, the government has exempted from VAT, all telephone handsets for cellular and other wireless networks.

In addition, the government has also raised the wear and tear threshold for telecommunication equipment from 12.5% to 20% which is tax deductible with a view to attracting investors and also passing cost benefits to consumers through lower prices.

Moreover, in an effort to induce costs reductions in the sector, in 2007 the Commission undertook a interconnection cost study for the telecommunications industry in Kenya. Based on the recommendations of the study, Commission issued guidelines on new interconnection charges with effect from March 2007 that have seen the interconnection charges reduce by 16.1 percent from Kshs. 5.27 to Kshs. 4.42 for the mobile networks termination and 2.4 percent from Kshs. 1.65 to Kshs. 1.61 for the fixed networks local area termination. The reduction in the interconnection rates has translated into substantial reductions in calling tariffs by the mobile operators.

The Commission is in the process of undertaking another interconnection study with a view to announcing new and probably lower interconnection tariffs with effect from March 2010. It is expected that the new interconnection tariffs will push the retail tariffs even further down.
 

A fundamental mandate of the Commission is to promote competition and equality of treatment in the telecommunications industry. Regulation 5(1) of the Kenya Communications Regulations, 2001 stipulates that the Commission shall, in performance of its duties under the Act and these Regulations, promote, develop and enforce fair competition and equality of treatment among all licensees in any business or service relating to communications. Regulation 7 sub-regulations (1) to (5) stipulates the procedures for persons to raise complaints with the Commission regarding unfair competition in the sector while sub-regulation (6) specify the actions the Commission may take where it is of the opinion that a licensee is competing unfairly.

The Commission is committed to dealing with all anticompetitive trade practices in the telecommunications industry diligently. With the enactment of the Kenya Communications Amendment Act, 2009 the Commission is in the process of developing new Regulations on tariff and Competition and equality of treatment that are aimed at entrenching competition in the sector.

It is however noteworthy that the broader issue of unfair trade practices is also regulatory mandate being exercised by the Monopolies, Unfair Trade Practices and Price Control Commission under Cap504 of the Laws of Kenya.
 

An e-transaction refers to any exchange, messaging, contracting or other action concluded or executed, wholly or partially, through an electronic means.

Communications Commission of Kenya (CCK), through the Kenya Communications (Amendment) Act of 2009, regulates the Electronic transactions.

A Certification Service Provider (CSP) , also referred to as a Certificate Authority (CA), is an entity that is licensed by the Commission to issue digital signatures/certificates for use by subscribers.

A certificate, also referred to as a digital certificate, refers to a record which is issued by a Certification Service Provider (CSP) for the purpose of supporting a digital signature which purports to confirm the identity or other significant characteristics of the person who holds a particular key pair. A certificate identifies the CSP issuing it, the name or identity of the certificate owner (the person to whom it is issued) and the public key of the owner. It is digitally signed by the issuing CSP.

An e-signature refers to data in electronic form affixed to or logically associated with other electronic data which may be used to identify the signatory in relation to the data message and to indicate the signatory’s approval of the information contained in the data message. An electronic signature can range from a simple electronic signature to an advanced electronic signature or digital signature.

A digital signature refers to an advanced electronic signature.

An advanced electronic signature, also referred to as a digital signature, refers to an electronic signature which meets all the following requirements:

1. Is uniquely linked to the signatory;
2. Is capable of identifying the signatory;
3. Is created using means that the signatory can maintain under his sole control; and,
4. Is linked to the data to which it relates in such a manner that any subsequent change to the data is detectable.

An e-record refers to a record generated in digital form by an information system, which can be transmitted within an information system or from one information system to another and which can be stored in an information system or other medium.

A Certification Practice Statement (CPS) refers to a statement of the practices, policies or procedures that a Certification Service Provider (CSP) employs in approving or rejecting certificate applications and issuing, managing and revoking certificates. These procedures should be publicly made available through the CSP’s website.

Digital signatures/certificates are issued by Certification Service Providers (CSPs). Licensed CSPs are published on the Commission’s website.

E-Government services refer to public services provided electronically by a Ministry or Government department, local authority, or any other body established by or under the law or controlled or funded by the Government.

An e-Gazette refers to the Kenya Gazette published in an electronic form.

The KC(A) Act, 2009  recognizes advanced electronic signatures and electronic records as equal to written signatures and written (physical) records respectively.

The KC(A) Act, 2009 recognizes communication using Electronic mail (E-Mail)

The Act recognizes electronic records and therefore where any law provides that documents, records or other information be retained for any specific period, then that requirement  is deemed to be satisfied if such documents, records or information are retained in electronic form and fulfill the following conditions:

1. The information remains accessible so as to be usable for subsequent reference;
2. The electronic record is retained in the format in which it was originally generated, sent or received or in a format which can be demonstrated to represent accurately the information originally generated, sent or received; and,
3. The details which will facilitate the identification of the original destination, date and time of dispatch or receipt of such record are available in the record.
    

Any person(s) or company registered in Kenya can apply and be issued with a broadcasting licence

Designated broadcasting sites are locations where broadcasting transmitters can be located. For TV services, the designated broadcasting sites are  and for FM broadcasting services.  Community broadcasting services are broadcast on location thus they are not required to locate their transmitters at the above designated broadcasting sites.

The applicable frequency fee for broadcasting services in Kenya are as follows:-

• Application fees – Kshs. 1,000.00
• The other frequency fees are as per the Commission’s approved list of frequency fees

1. Application fee of Kshs. 1,000.00
2. Duly completed application form RF4/RF5
3. Letter forwarding the application form

• Commercial broadcasting services
• Private broadcasting service
• Community broadcasting services
   

It is the movement of television broadcasting from analogue to digital technologies. This migration affects terrestrial TV services only.
 

Listeners/views are advised to first complain to the broadcaster and if remedial action you can complain to the Communications Commission of Kenya for further action.

Information on licensed users of the radio spectrum is available on the List of Licensed Broadcasters Register.