Ruling on Internet Service Providers dispute on services offered by Telkom Kenya
Limited - 6th August 2004
Background
A dispute was lodged with the Communications Commission of Kenya (hereinafter
referred to as the Commission) by representatives of Internet Service providers
(hereinafter referred to as ISPs) on 15th June 2004, citing issues concerning the following
products offered by Telkom Kenya Limited:
1. Asymmetrical Digital subscriber line (hereinafter referred to as ADSL)
2. Analogue Private Wire (hereinafter referred to as APW) service
3. 944 Dialup Internet services
The Commission held separate bilateral meetings with ISPs (14th June 2004) and Telkom
Kenya Limited (hereinafter referred to as TKL) representatives (5th and 9th July 2004)
and a tripartite meeting (20th July 2004) with a view to verifying and gathering
information on the dispute submitted to the Commission. In addition the Commission
attended the meeting between TKL, ISP representatives and the Cyber Café Association
of Kenya (CCOAK) held on 28th July 2004, as an observer.
From the discussions held at the various meetings, the Commission has analyzed and
summarized the complaints presented by ISPs and responses from TKL as follows:
1. Provision of direct Internet access to end-users by TKL:
o Provision of ADSL service
o Provision of 944 national dialup Internet access service
2. Pricing of services:
o Price increases on APW
o Cross-subsidization on 944 national dialup and ADSL
3. Quality of service:
o Quality of Service (QOS) on Jambonet
o Timely service delivery and measures for ensuring reliable access to
services
Provision of direct Internet access to end-users by TKL
1. The Legal Framework
The Telecommunications and Postal Sector Policy 2001 and the Kenya
Communications Act (hereinafter referred to as KCA) and the Kenya