Radio Frequency Spectrum: Spectrum is
a scarce public resource that can go to waste if
not used optimally. It will, therefore, be
managed in line with public policy objectives,
with a view to making it available to all users
under equitable, transparent, specific and clear
conditions. The Government will from time to
time review plans for the use of specific
frequency bands to ensure optimal utilisation
of the frequency spectrum.
The use of frequency bands will maintain a
balance between the public and private interest
and in the event of conflict, public interest will
prevail. In planning and allocating radio
frequency spectrum as well as developing
policies, laws and regulations relating to
spectrum, Kenya will take into account the
outcomes
of
the
International
Telecommunications Union (ITU) World Radiocommunication Conferences (WRCs).
Use of the radio frequency spectrum
should contribute to the promotion of national
interests, development and diversity, including
increasing the amount of spectrum available for
assignment, improving sharing conditions
among different radio communication services
and increasing the number of licences
dedicated to community services.
1. To enhance public safety, security and
emergency preparedness, spectrum fees
may be waived for provision of ICT services
in unserved and under-served areas and
public institutions that provide critical lifeline support services. The institutions may
also include those that provide critical
public services such as national security,
public safety and emergency services. Such
institutions will be determined by the ICT
regulator;
2. A Wireless Broadband Spectrum policy will
be developed to promote the acceleration of
uptake of Broadband services as enshrined
in the National Broadband Strategy; and
3. Measures outlined in the National
Broadband
Strategy will be taken to ascertain that: Broadband penetration reaches a
critical mass nationally for its impact
to be felt in the economy;
Universal access to broadband is
affordable;
Capacity and skills are developed for
optimal and effective use of broadband
services by end users;
Ministry of ICT, Kenya
Supply-side skills are developed so
that Kenyans can exploit economic and
innovative potential of broadband.
6.2.4 Rules
The Government recognises that the ICT
ecosystem is complex, fragile and not
understood with mathematical precision, and
that transformative innovations are emergent
and dependent to some degree on serendipity
and a web of interrelated stakeholders who
interact unpredictably. In this policy,
Government is careful not to weigh in with a
blunt instrument and damage one part of the
ecosystem while trying to promote another
part.
Policy Actions: This policy recognises four
principal motivational instruments, which we
call policy actions. Policy actions can
communicate,
regulate,
incentivise,
or
demonstrate:
Communication:
The
policy
can
communicate government positions, articulate
priority areas, and disseminate best practices
Regulation: The government has the
mandate and obligation to regulate and
arbitrate the use of limited resources, enhance
competition, promulgate and enforce anti-trust
legislation, establish and maintain standards,
and create a level playing field for all actors.
Incentives: Create incentives to push or
pull the private sector in certain directions
using taxation, challenges, and investment of
public funds in R&D, internal and foreign
demand creation and other mechanisms.
Demonstrate: The government can invest
in forward looking activities that do not have
immediate commercial value to demonstrate
technology, processes and viability.
Competition
This policy considers competition in two
perspectives, encouraging healthy competition
within the ICT sector in Kenya, and making
Kenyan products globally competitive. These
are not mutually exclusive goals, by ensuring
that the market competition in Kenya is intense,
we can ensure that bad products, services and
ideas die quickly and that good ideas, products
and services survive and improve. In brief, it
should be that if a product is good enough to
survive in Kenya, then it is world class and
conversely, that if it is not world class it will not
long survive in Kenya. The need for intense
competition must be balanced with the need to
prevent distortion of the market by the
emergence of monopolies and anti-competitive
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