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Kenya

National Policy

The Kenya Information and Communications Act, 1998 (The Act) later revised in 2013, provided the framework for regulating the communications sector in Kenya. The Act was enacted to strengthen the Postal and Telecommunications Sector Policy Statement (the Policy Statement), which had been issued by the then Ministry of Transport and Communications in January 1997. The Government of Kenya revised the Policy Statement in 1999, and again in March 2006. The Communications Authority of Kenya (CA) is responsible for the development and implementation of policies and strategies concerning telecommunications services in Kenya. Kenya’s first National broadband strategy (NBS) was envisaged for implementation between 2013 and 2017 to provide quality broadband for everyone. The strategy set minimum broadband speeds of 40Mbps for urban areas and 5Mbps for the rural areas by 2017. The infrastructure, connectivity and devices strategy included; Availing sufficient spectrum for Wireless Broadband Networks, Government-sponsored PPPs to fund infrastructure development, Use of Universal Service Fund to extend broadband network penetration, and to Enhance regulatory oversight concerning the quality of service.

Operator Licensing

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Technical and Administrative Requirements

The licensing process commences with the submission of a duly completed application form https://ca.go.ke/industry/telecommunication/telecommunication-license-application-forms/ Provided are details of the minimum requirements for acceptance of an application of each type of license and applicable fees.

Applicants for commercial licenses should meet the following minimum conditions:

1. The entity should be registered in Kenya as a company, sole proprietor or partnership.

2. Have a duly registered office and permanent premises in Kenya.

3. Provide details of shareholders and directors.

4.Issue at least 20% of its shares to Kenyans on or before the end of three years after receiving a license.

5. Provide evidence of compliance with the tax requirement.

Requirements for ordinary vendor applicants are:

a.A letter signed by company CEO, on company letter-head, asking for authorization to sell low power equipment.

b. The letter must provide contact details such as physical and postal addresses, telephone numbers, emails, etc. for the company.

c. Indicate the type and model of equipment to be sold.

d. Attach company Certificate of Incorporation or registration certificate copy to the letter.

e. Attach a copy of the company PIN Certificate.

Licensing Fees

License fees and license periods are determined based on the market segment to be serviced and include;

1. Application fees,

2.Initial operating fees

3. Annual operating fees,

4.Fees for spectrum access

5.Annual spectrum fees.

Annual Licence fees are subject to a monthly interest of 2% which remains unpaid, 90 days after the due date. https://ca.go.ke/wp-content/uploads/2018/04/Procedure-for-Licensing-Telecommunication-Services.pdf

Access to Spectrum

Technical and Administrative Requirements

Licensed

Access Networks
Operator 800MHz 900MHz 1800MHz 2100MHz 2600MHz 3500MHz
XYZcom None 2×10 2×15 2×10 None None
PtP Networks

License-Exempt

Access Networks
Frequency Power Limit Transmit Power
2.4GHz
2400 – 2483.5 MHz 2.4EIRP
5GHz
5150-5250 MHz 5.1EIRP
5250-5350 MHz 5.2EIRP
5470-5725 MHz 5.4EIRP
5725-5800 MHz 5.8EIRP
PtP Networks
Frequency Power Limit Transmit Power
2.4GHz
2400 – 2483.5 MHz 2.4EIRP
5GHz
5150-5250 MHz 5.1EIRP
5250-5350 MHz 5.2EIRP
5470-5725 MHz 5.4EIRP
5725-5800 MHz 5.8EIRP

Secondary Use

Access Networks
PtP Networks

Spectrum Fees / Costs

Application

Annual

Auction

Backhaul

Gender

Universal Service

Cooperatives

Resources / References

Coding examples

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