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MINISTRY OF INFORMATION, COMMUNICATIONS AND TECHNOLOGY
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The radio-frequency spectrum is an important and finite resource which supports a wide range of
services and applications in telecommunications, broadcasting, emergency services, transport,
scientific research and consumer devices. Higher demand (especially for mobile services),
convergence between fixed and mobile services and between telecommunications and
broadcasting, and the need for ever greater bandwidth mean that access to spectrum is becoming
increasingly important.
Nationally and internationally, governments and spectrum managers are exploring ways to manage
these resources more efficiently. This is done so as to encourage the development of new and
innovative services and ensure that spectrum policy supports the development of the information
society.
A national spectrum policy is not an end in itself, but rather it sets the framework for the future
development of electronic communications. It is an enabler for the various sector requirements and
policy objectives in the ICT, broadcasting, transport, defence, public security, emergency services,
research and development, and scientific sectors. In developing this spectrum policy, due
cognizance has been taken of the potential for convergence occurring between original technocentric sectors and/or usesand technology and regulatory developments. These have been explored
for the sole intention of potentiallypositioning Kenya to become a world leader in the development
of innovative spectrum-based applications going forward.
The policy aims at ensuring that the radio frequency spectrum will be managed in line with public
policy objectives, with a view to making it available to all users under specific and clear conditions.
This process will maintain a balance between the public and private interest. In the event of
conflict,
public
interest
shall
prevail.
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The International Telecommunication Union (ITU) is responsible for the international coordination
of the radio frequency spectrum through the Radiocommunication Sector (ITU-R). The main role of
the ITU – Radiocommunications sector (ITU-R) is to maintain and extend international cooperation
among all the Member States of the Union for the improvement and rational use of
radiocommunications of all kinds. In particular, ITU-R is responsible for the coordination and
implementation of the Radio Regulations, which are annexed to the ITU Constitution and
Convention. The Radio Regulations are revised by the ITU World Radiocommunication Conferences
(WRC), normally held every three to four years. Article 5 of the Radio Regulations contains the
Table of frequency allocations listing frequency bands allocated to the various services according to
three ITU geographic regions. Kenya is in ITU Region 1. The Communications Authority of Kenya
(CAK) is the lead agency in representing the Government of Kenya at the ITU.
Recent years have witnessed an explosion of spectrum-based technologies and uses of wireless
voice and data communications systems by businesses, consumers, and government. In Kenya, for
example,there are more than 30 million mobile phone subscribers and, increasingly, businesses and
consumers are installing systems that use unlicensed spectrum to allow wireless data, or Wi-Fi on
their premises. In addition the National Government makes extensive use of spectrum for radars,
communications and other national and national security needs. The Government of Kenya is
committed to promoting the development and implementation of a national spectrum policy for
the 21st century that will:
a. Foster economic growth;
b. Ensure our national security;
c. Maintain Kenya’s regional leadership in information and communications technology (ICT)
development and services; and
d. Satisfy other vital Kenyan needs in areas such as public safety, government services,
scientific research, education, national transportation infrastructure, and law enforcement.
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The deployment of mobile broadband networks will result in provision of broadband connectivity
to the entire country and meet the targets set in the National Broadband Strategy. According to the
Quarterly Sector Statistics Report for the First Quarter of the Financial Year 2013/14 from the
Communications Commission of Kenya (CCK) for the period July-September 2013, broadband users
had reached 1,397,906 with majority of the connections using mobile broadband.
Given that the majority of the broadband connections in Kenya are through the mobile service, the
aim of this policy is to set a framework for availing spectrum for deployment of mobile broadband
networks that will build on the existing broadband environment and increase the penetration of
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broadband connectivity countrywide and especially in the rural and underserved areas for both
commercial and governmental services.
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The Kenya Vision 2030 aims at transforming Kenya to knowledge based economy that utilizes ICT
for national growth and development. In the past few years the Government has made
considerable efforts in providing broadband connectivity to Kenyans. International connectivity has
been achieved through the landing of four cables that include The East African Marine System
(TEAMS), SEACOM EASSY and LION cables. This in essence provides quality and reliable
international connectivity to the country at competitive costs.
Further, the Government, having completed the 1st Phase of the National Optical Fibre Backbone
Infrastructure (NOFBI) which covers major towns across the country, is now in the process of
expanding (NOFBI Phase II) the network to cover more towns and strategic institutions including
public, social and learning institutions. The private sector players have also complimented
Government efforts by laying fibre to some parts of the country. But despite this significant
progress having been made to provide broadband to all Kenyans, a large number of the population
is still yet to be connected especially in the rural areas.
In order to facilitate the last mile connectivity the Government invested in Government Common
Core Network (GCCN) to connect all Government buildings in Nairobi. Leveraging on NOFBI,
connectivity will be extended across the country thus enabling the Government to roll out eservices countrywide. The private sector has also contributed substantially where operators have
built metropolitan fibre networks in Nairobi, Mombasa, Eldoret, Nakuru, Kisumu and Thika towns,
among others. These operators are also rolling out Second Generation (2G), Third Generation (3G)
and other last mile wireless connectivity mostly in urban areas in the country.
Despite this success, there still exists connectivity gap between the urban and rural areas with the
later having minimal broadband connectivity. These areas lag behind in development and
utilization of ICTs and therefore are yet to exploit opportunities presented by innovative
technologies.
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The deployment of mobile wireless broadband network through a Government led open access
initiative will result in provision of broadband connectivity to the entire country and meet the
targets set in the National Broadband Strategy. This policy paper, therefore, discusses the
deployment of a mobile broadband network under a Government led initiative and recommends a
Public Private Partnership approach in the deployment.
Efforts by government to encourage operators to roll out an open accessnetwork have not been
successful. Between 2010 and 2013 the government, twice, unsuccessfully tried to deploy an open
access network by adopting an Special Purpose Vehicle (SPV) model in which the government had
encouraged existing operators to jointly invest in an open access network. In this model, the
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government was to be part of the consortium by providing the necessary frequency spectrum
resources for free as its contribution while the private sector was to meet all other costs related to
the deployment and operation of network. Later, the government also invited all licensed ICT
operators, vendors and private equity investors to form an SPV to build operate and maintain a
national open access mobile Broadband network. Those invited by the government were not able
to agree on the best way forward and the effort collapsed.
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An Open Access Network is a functionally separate network, which offers wholesale nondiscriminatory access to its network infrastructure to a number of retail service providers including
governmental services. Such a network has substantial competitive advantages compared to any
individually deployed networks. This competitive advantage allows the retail services providers to
offer affordable connectivity prices to the country’s population in a transparent and predictable
manner. It also allows government agencies to avoid unnecessary duplication of
telecommunications infrastructure.
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In the past few years there is a general trend worldwide where governments have taken the lead to
drive open access networks using emerging technologies. This initiative is driven by the need to roll
out sufficient broadband connectivity countrywide and also the need to take advantage of the
digital dividend that would accrue from analogue to digital migration of TV broadcasting. This will
allow the freeing up of spectrum such as the 700-800MHz band to be utilized to roll out the
wireless broadband network.
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This initiative involves a public private partnership (PPP) model where government and private
sector partner(s) contribute resources to deploy and operate a whole sale open access wireless
broadband network. The Government contribution may be limited to contribution of spectrum and
licences in accordance with the agreement with the private sector partner(s). The private sector
participation on the other hand may involve capital contribution among other resources. This
model has the advantage of bringing together interested stakeholders to invest and operate in a
national network as well as ensure affordable prices are charged due to the involvement of the
government. The open access wireless broadband network will offer only wholesale services and
the existing new players in the market will be expected to build their core network platforms and
rent access capacity from open access network and continue to compete among themselves in the
retail space. Government agencies can also rent capacity from the open access network.
The benefits of this approach include:
(i) Substantially increase the coverage and quality of wireless data services in the country.
(ii) Allow fair competition in the provision of services to customers and provide affordable
wireless data services to the general public in the country.
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(iii) Stimulate economic development through provision of data services (Studies have shown
that there is a direct co-relation between increased data services and economic growth
development).
(iv) Will increase wireless infrastructure development much faster than if individual operators
were to roll out own networks.
(v) Will also help to settle the debate over how un-assigned wireless broadband spectrum will
be assigned after the migration.
(vi) The model has the potential to encourage Foreign Direct Investment (FDI) into the Country.
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The roll out of the network is likely to face various challenges that include inadequate policy and
regulatory framework to address issues of operation, performance obligations, coverage, and
governance structure among others. It could also potentially undermine the role and influence that
the current operators have in the market. Another challenge that this concept of a Government
Driven Open Access Wireless Broadband Network is fairly new and very few countries have
successfully implemented it.
However, despite these challenges many countries have already started laying plans to roll out the
networks to seize the opportunity presented by the emerging technologies. Kenya is strategically
positioned to establish the network to give it a competitive advantage in the region.
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This policy aims to:
• undertake a comprehensive review of spectrum management practices in the country with
the objective of identifying strategies that promote more efficient and beneficial use of
spectrum without harmful interference to users.
• unlock the economic value and entrepreneurial potential of Kenyan spectrum assets while
ensuring that sufficient spectrum is available to support critical Government functions.
• create a broad framework for spectrum management of which the detailed implementation
plan will be put in place by the CAK.
• create a fair and competitive environment that encourages serviced-based competition
through establishment of a wholesale open access infrastructure built through public or
public private partnership (PPP) investment. The CAKwill be expected to introduce the
requisite regulations, where necessary, in support of a “one-build” policy and
encouragement of infrastructure sharing.
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• ensure that all public institutions at the National and County level should benefit from
broadband connectivity with the expectation that this connectivity will eventually be
extended to the communities these institutions serve.
• ensure public services, including e-government, are better delivered by aggregating
broadband requirements by public institutions.
• ensure the benefits of the “digital dividend” are maximized as well as maintaining
consistency with the provisions of the International Telecommunication Union Regional
Agreement on the planning of digital terrestrial broadcasting services in ITU Region 1 (GE06 Agreement).
• ensure that measures are put in place, as per the National Broadband Strategy, which make
certain that:
o Broadband penetration reaches a critical mass nationally for its impact to be felt in
the economy.
o Universal access to broadband is affordable.
o Capacity and skills are developed for optimal and effective use of
services by end users
broadband
o Supply-side skills are developed so that economic and innovative potential of
broadband can be exploited by Kenyans.
To implement this policy, the Ministry of Information, Communications and Technology will
prepare legislation and any required additional policies to:
(a) Facilitate a modernized and improved spectrum management system;
(b) Create incentives for more efficient and beneficial use of spectrum and to provide a higher
degree of predictability and certainty in the spectrum management process as it applies to
incumbent users;
(c) Streamline the deployment of new and expanded services and technologies, while
preserving national security and public safety, and encouraging scientific research; and
(d) Develop means to address the critical spectrum needs of national security, public safety,
national transportation infrastructure, and science.
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The current policy framework as contained in the National ICT Policy Guidelines of March 2006,
spells out policy objectives and the strategies to achieve these objectives. The utilisation and
management of the radio frequency spectrum is intended to achieve:
a) Enhanced national security and defence;
b) Enhanced emergency preparedness against disasters;
c) Efficient national and international transportation systems;
d) Sustainable conservation of natural resources;
e) Efficiency in the dissemination of educational information and entertainment;
f) Efficient and affordable telecommunication services;
g) Research and Development; and
h) Enhancement of social and economic progress.
To achieve the above objectives, the policy proposes the adoption of the following strategies:
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The radio frequency spectrum is to be planned allocated and assigned in an optimal
manner. Measures will be put in place to ensure that the radio systems are implemented
within a reasonable period and radio frequencies are efficiently utilised.
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Radio frequency spectrum sharing among various services and users is to be encouraged in
order to satisfy the growing needs for spectrum resources. Where safety of life, service
levels or the public interest may be compromised, the requirement to share spectrum
would not apply.
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Where appropriate, the availability of non-spectrum based alternatives to spectrum-based
services will be assessed, and the use of alternative non-spectrum technologies would be
encouraged.
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With the increasing and competing demands for spectrum, market principles would be
applied to promote effective use of the radio frequency spectrum, however the
Government would ensure that spectrum fees do not become a burden to operators.
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Radio communication standards will be developed in conformity with international
standards. Users of the spectrum would be required to implement technical and operational
standards in order to mitigate harmful interference and as a measure for ensuring that
access and utilisation of the spectrum is maximised.
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Radio frequency spectrum assignment/allocation neither confers ownership nor a continued
right to a particular radio frequency. The regulator would notify users of any conditions or
circumstances, which could result in migration of services to other radio frequencies.
•
Appropriate mechanisms would be put in place to allow stakeholders to provide inputs to
ensure that the radio frequency spectrum management process is more responsive to
technological advances and user demands.
•
Use of spectrum efficient technologies and techniques would be required. The national
frequency spectrum policy and management would be reviewed from time to time.
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Government security agencies and other institutions that use spectrum to provide strategic
public services may be exempted from paying frequency fees.
While the adopted strategies still apply today, some aspects of the existing legal and policy
frameworks for spectrum management have not kept pace with the dramatic changes in
technology and spectrum use. Given these rapid changes taking place in the telecommunications
industry, the objectives and strategies are ripe for revision and updating to bring them in line with
the current market conditions.
Under the existing framework, the Government, through the regulator, generally reviews every
change in spectrum use, a process that is often slow and inflexible, and can discourage the
introduction of new technology. Some spectrum users, in both the private and public sectors, are of
the view that the existing spectrum process is insufficiently responsive to the requirements of
current spectrum uses.
The current legal/legislative framework is contained in the Kenya Information and Communications
Act (KICA), Cap 411A (as amended). Accordingly, this Radio Frequency Spectrum policy is premised
on the assumption that it will be implemented after the Government has amended the 2006 Policy
Guidelines with subsequent amendment, if need be, of the KICA, Cap 411A. That said it is also
recognized that there are many aspects of this Policy that could be implemented effectively and
beneficially to all even under the current 2006 Policy Guidelines. Arising out of the new
technological and regulatory changes worldwide, it is important that the existing spectrum policy
principles, practices and strategies are reviewed to align them with the new developments.
Therefore, it is now the time to come up with new principles for spectrum management in Kenya.
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The regulatory framework for spectrum shall:
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Foster competition, growth and innovation in the use of spectrum;
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Promote flexible, open and responsive management of spectrum;
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Promote universal access to broadband services;
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Provide clarity and certainty to stakeholders and the general public regarding spectrum
usage;
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Take account of the national policy objectives for those sectors that are dependent on
spectrum; and
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Take account of developments in spectrum management in the international environment,
such as the ITU at the global level, embracing best practices in use within the East African
Community and other regional blocs.
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A change in use may be facilitated through trading or third-party authorisation, or by the same
licensee employing its spectrum for a different use. Allowing spectrum to move to the highest value
use quickly and easily will ensure that associated benefits are realised quickly, without the delay
and costs of regulatory intervention. In this regard, public benefit will be maximised where
spectrum is allocated to the highest value use or uses, i.e. those that maximise the value derived by
licensees, economic assessment, consumers and the broader public good or social benefit to Kenya.
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Planning, licensing, allocation/assignment and compliance measures should aim to minimise the
total cost of achieving the objectives of spectrum management, including the cost to government,
licensees and the public. That said, government investment may be necessary in order to achieve
sector goalsprovided market forces are not adequate.
Equally important, minimising the total cost of spectrum management will require a focus on
regulatory effectiveness, taking into account developments in technology. Only regulations that
generate the greatest net benefit for the economy, taking into account all the impacts, will be
adopted.
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In authorising the right to use spectrum, the approach adopted should be appropriate for the
uses/sectors under consideration:
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Market mechanisms may be appropriate where the use of spectrum is directly subject to
market forces (e.g., provision of electronic communications services).
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Where the use of spectrum is not subject to market forces or is required for the provision of
security, social, cultural objectives; the regulator may use other mechanisms as appropriate,
including direct participation in projects to spur effective spectrum use.
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Measures will be put in place to allow stakeholders to provide inputs to ensure that the radio
frequency spectrum management process is more responsive to technological advances and user
demands. Similarly, Government-sponsored initiatives to direct use of spectrum resources will also
be subject to consultation processes to elicit feedback on the proposed initiatives as well as
potential alternative approaches.
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Use of spectrum efficient technologies and techniques will be encouraged. The national frequency
spectrum policy and management practices shall be reviewed from time to time to keep pace with
technological developments.
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National security, public safety and emergency services may be exempted from paying the requisite
spectrum usage fees. Guidelines on exemptions shall be prescribed by the CAK in consultation with
the national Government.
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The Government may include discounting incentives,based on the provisions of the Universal
Service Fund (USF), on the pricing of spectrum in rural and marginalised areas to encourage
operators to deploy services in these areas. Further, the Government may undertake specific
actions or initiatives to foster the deployment of services in rural and underserved areas.
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Where the use of spectrum is intended to provide a consumer service:
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Consumers should be able to connect radio and telecommunications terminal equipment of
their choice (provided that these comply with relevant standards) to any network.
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Consumers should be able to access and distribute any lawful content and use any lawful
applications and/or services of their choice.
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The emergence of a range of commercial network access models should be encouraged.
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In line with best practice, clear rules shall be developed on, inter alia:
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The rights and obligations of spectrum users, including:
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Licence duration and position regarding renewal of licence;
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Rights and obligations regarding change of use of the spectrum (flexibility & neutrality);
and
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Rights and obligations concerning interference.
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The rights and obligations of the Government, including:
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Rights to charge for licenses;
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Right to place conditions on the use of spectrum;
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Rights to change licence conditions;
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Rights to withdraw licences and recover spectrum, if necessary;
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Obligations concerning monitoring and enforcement of spectrum use.
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Procedures for how to apply for spectrum for new and innovative services.
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How to access to the spectrum is determined (first-come, first-served, auction etc.)
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c
t
r
u
m
i
n
t
h
e
h
a
n
d
s
o
f
a
f
e
w
Safeguards shall be provided to prevent and/or address over-concentration of spectrum that would
prevent new entrants from acquiring and effectively using spectrum.
5
.
1
2
.
P
r
o
m
o
t
i
n
g
e
R
s
e
a
r
c
h
a
n
d
I
n
n
o
v
a
t
i
o
n
Access to spectrum is an essential prerequisite for research and innovation in wireless technologies.
The aim of this spectrum policy is to promote competitiveness, encourage research and innovation
and facilitate unique experimentation in Kenya. For example, the test-and-trial regime for new
wireless technologies, applications and services shall be encouraged and continue to be developed
so as to maintain responsiveness to the industry’s R&D requirements and the development of
services for end users.
5
.
1
3
.
T
e
c
h
n
o
l
o
g
S
y
e
&
r
v
i
c
e
N
e
u
t
r
a
l
i
t
y
Taking into account national policy objectives and provided that the associated electronic
communications network complies with the relevant technical obligations related to spectrum:
•
Technology and service neutrality shall be promoted, where relevant.
•
The bands in which the principle of technology and service neutrality will or will not be
applicable shall be specified.
•
Any limitations on applying the principle of technology and service neutrality in any given
band shall be specified.
5
.
1
4
.
E
f
f
i
c
i
e
n
t
U
s
e
o
f
S
p
e
c
t
r
u
m
In assessing the efficient use of spectrum the focus shall not be on economic factors alone. Social
and policy objectives also need to be considered:
•
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1
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The parameters used to assess efficiency should be appropriate for the use/sector involved
as well as the current state of technology development for that use/sector;
Page
•
A balance shall be struck between efficient use, flexibility/technology neutrality and
promoting innovative development;
•
Balance shall be sought between the benefits of flexibility of use against the benefits of
harmonised use taking account of meeting the public good and international obligations;
•
Spectrum pricing shall be used to promote the efficient utilisation.
5
.
1
5
.
P
r
o
v
i
s
i
o
n
o
f
N
a
t
i
o
n
a
l
B
r
o
a
d
b
a
n
S
d
e
r
v
i
c
e
s
•
The Government shall take initiatives to increase broadband penetration for the provision of
Internet services that are fast, reliable, and of good quality to people in the unserved and
the underserved marginalised areas;
•
All service providers shall be required to participate in the provision of universal service to
ensure the achievement of the Government’s developmental goals.
5
.
1
6
.
M
o
n
i
t
o
r
i
n
g
a
n
d
e
n
f
o
r
c
e
m
e
n
t
The methodology for monitoring and enforcement of proper use shall be regularly reviewed so as
to be able to respond to any interference issues that may arise within a liberalised spectrum
management environment.
6
.
D
6
.
1
.
E
P
L
T
O
h
Y
e
M
N
E
a
t
i
N
o
T
n
a
O
l
F
B
r
W
o
a
I
d
b
R
E
a
n
L
d
E
S
S
S
t
r
B
a
t
R
e
O
g
y
A
a
D
n
B
d
A
V
N
i
s
D
i
o
N
n
2
E
0
T
3
W
O
R
K
S
0
The National Broadband Strategy (NBS) is premised on the vision to transform Kenya into a
knowledge-based society driven by a high capacity nationwide broadband network. The Strategy is
critical to the achievement of Vision 2030 that seeks to provide Kenyan citizens with a lifestyle that
is equivalent to the experience that a newly industrialized country provides. Kenya’s Vision 2030
recognises the enabling role of ICTs and anchors some of its key aspirations upon the availability
and adoption of broadband technologies.
The overall objective of the NBS is to provide quality broadband services to all citizens. Access to
broadband in Kenya for all citizens has the potential to generate enormous social and economic
benefits,including economic growth, job creation, and growth of investment opportunities, access
to online government services, improved health, education and training services, improved national
safety and security services among others. To advance towards achieving Vision 2030, the NBS aims
to capitalize on Kenya’s strengths and improve on identified weaknesses to exploit opportunities
and mitigate against challenges that the country faces in respect to national broadband
development and uptake.
The role of the government focuses on the supply-side promotion of broadband as well as
providing an enabling environment to allow optimum market growth of broadband services by
leveraging private sector investment in critical infrastructure. It is expected that public and private
sector investment and competition will expand the broadband market. The Strategy provides for
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the promotion of Public and Private Partnerships so that industry stakeholders and the national and
county governments work together to deploy infrastructure, develop services, and invest and build
awareness and capacity for use of broadband. The Strategy fulfils the requirements of the
Constitution that provides for information access to all citizens as a basic right and the recognition
that Kenya aspires to be a globally competitive and prosperous nation. In the NBS, the government
recognizes the need to develop an efficient, high capacity national information and
communications /telecommunications infrastructure to enhance service delivery to the public with
special emphasis on health and educational institutions.
These policy guidelines provide the direction and scope of actions to be taken by Government in
order to promote the deployment of Wireless Broadband taking into account the need for efficient
utilization of spectrum in the bands identified for International Mobile Telecommunications (IMT)
services.
The following strategies have been identified as critical towards the attainment of this policy
aspiration:
(i) Encourage the deployment of all suitable/appropriate broadband access technologies;
(ii) Promote Public- Private partnership and/or other new approaches in the development of
telecommunications infrastructure, equipment and services;
(iii) Require that physical infrastructure providers – for example, roads, railways, pipelines,
property developers and power – make provision for future installation of ICT facilities.
(iv) The NBS has identified the development of fixed, mobile, Next Generation Networks (NGN)
and broadband networks, including broadcast networks as priority. In this regard, the
government will initiate appropriate legal, policy and regulatory interventions to facilitate
deployment of fourth generation mobile technologies (4G), such as Long Term Evolution
(LTE) and its enhancements.
(v) Roll out advanced wireless broadband technologies and services to areas where the cost of
providing fixed line broadband is prohibitive and enable people use their mobile devices to
innovate and deliver solutions where the traditional way of doing things (e.g. going to the
bank branch) is not always an option. LTE, for example, offers so much more and provides
the opportunity to foster widespread innovation. The opportunity is to leverage LTE to
provide access to improved quality of life to Kenyans.
(vi) Provide incentives for low entry prices for broadband devices and services.
While general access to the internet is important, the high-speed access that is critical for social and
economic development should be the main concern of telecommunications providers investing in
developing countries.
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6
.
2
.
O
p
e
n
A
c
c
e
s
s
W
i
r
e
l
e
s
s
B
r
o
a
d
b
a
n
d
N
e
t
w
o
r
k
I
n
i
t
i
a
t
i
v
e
Broadband connectivity is considered essential for socio-economic development and in several
developed countries it is now a fundamental right for citizens. Although significant progress has
been made to provide broadband to all Kenyans, a large proportion of the population has yet to be
connected, especially in the rural areas. The emergence and proposed deployment of LTE
technology through a Government-led open access initiative could result in provision of broadband
connectivity to the entire country.
The Kenya Vision 2030 aims at transforming Kenya to knowledge based economy that utilizes
information and technology for national growth and development. In the past few years the
Government has made considerable efforts in providing broadband connectivity to Kenyans. The
Government has achieved international connectivity through the landing of several submarine
cables that have provided quality and reliable international connectivity to the country at
competitive costs.
The Government has also completed the first phase of the National Optical Fibre Backbone
Infrastructure (NOFBI), which covers major towns across the country. Plans are underway to
expand the network to cover more towns and strategic institutions, including public, social and
educational institutions. The private sector has also complemented Government efforts by laying
fibre to some parts of the country.
The private sector has also contributed substantially where operators have built metro fibre
networks in Nairobi, Mombasa, Eldoret, Nakuru, Kisumu and Thika towns, among others. These
operators are also rolling out 3G and WiMAX last mile connectivity, mostly in urban areas.
Over the last five years broadband users have increased. However, despite this success, there exist
connectivity gaps between the urban and rural areas,with some areas having minimal broadband
connectivity. These areas lag behind in development and utilization of ICTs and therefore have yet
to exploit opportunities presented by innovative technologies. Efforts by government to encourage
operators to roll out their networks have not been successful. If appropriate, use these examples
to explain why this document goes on to propose an approach (open access PPP network) that can
be seen as a deviation from international conventional practices, which generally embrace market
approaches as most efficient spectrum usage.]
LTE technology presents a unique opportunity to provide a high quality and ubiquitous wireless
broadband connectivity at affordable process to all Kenyans.LTE is a wireless communications
standard offering high speed data for mobile networks and devices. It is an enhancement of 3G
(WCDMA) technology with significantly increased capacity and speed using new modulation
techniques. It therefore represents a powerful step forward in mobile network technology that
supports a diverse and rapidly expanding universe of applications and services. LTE promises to
deliver an improved customer experience while optimizing network resources.
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In the interest of ensuring widespread wireless broadband network coverage, such as by LTE
networks, the Government supports initiatives to provide all Kenyans with access to affordable,
high-quality mobile broadband service. To this end, the Government proposes the establishment of
a wholesale mobile broadband network that would provide capacity to one or more retail service
providers.
6.2.1.
G
o
a
l
s
f
o
r
t
h
e
O
p
e
n
A
c
c
e
s
s
W
i
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e
l
e
s
s
B
r
o
a
d
b
a
n
d
N
e
t
w
o
r
k
The goal of an Open Access Wireless Broadband Network will be to make high quality and
ubiquitous wireless data connectivity available at affordable prices to all citizens. The objectives of
this initiative will be to:a) Provide broadband connectivity countrywide.
b) Enable provision of high quality voice and data products and services to serve diverse user
groups.
c) Provide affordable wireless data services throughout the country.
d) Facilitate economic growth and development as result of increased ICT penetration and
utilization across Kenyan society and business.
e) Improve the general social well-being of Kenyans.
6.2.2.
B
e
n
e
f
i
t
s
o
f
e
s
t
a
b
l
i
s
h
i
n
G
g
o
v
e
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n
m
e
n
t
D
r
i
v
e
n
W
i
r
e
l
e
s
s
A
c
c
e
s
s
The benefits of establishing a wireless broadband network driven by government involvement
include:a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
Provision of broadband connectivity to all Kenyans,
Affordable and competitive internet prices,
Expand socio-economic development opportunities in marginalized areas,
Increased ICT sector contribution to GDP,
Equitable access to broadband wireless technology and network infrastructure by all
operators,
Enable and encourage innovation and creativity in applications,
Improve productivity in all sectors able to leverage broadband connectivity,
Position Kenya as a leading ICT hub,
Promote ICT-based industries,
Utilize the expected digital dividend effectively, and
Growth in data services.
It is expected that successful roll out of an open access network would lead to a vibrant ICT sector
that will eventually contribute tothe growth and development of sectors across the Kenyan
economy.
6.2.3.
C
h
a
r
a
c
t
e
r
i
s
t
i
c
s
o
f
t
h
e
O
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A
c
c
e
s
s
W
i
r
e
l
e
s
s
B
r
o
a
d
b
a
n
a) A single, nationwide network
b) Will use xx MHz in xx band and xx MHz in the xx band;
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d
N
e
t
w
o
r
k
c) Wholesale only; no provision of retail services to end users;
6
.
3
.
O
b
j
e
c
t
i
v
e
s
a
n
d
K
e
y
P
r
i
n
c
i
p
l
e
s
f
o
r
t
h
e
W
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r
e
l
e
s
s
B
r
o
a
d
b
a
n
d
N
e
t
w
o
r
k
a) Using the recently enacted PPP framework, the Government will fast-track the roll-out of
Wireless broadband network through Public-Private Partnerships (PPP) based on the
principles of open access and a non-discriminatory regulatory framework, among others.
The PPP partner(s) would be required to possess adequate technical and financial
resources, as well as the necessary capacity to deploy broadband infrastructure and
offer services competitively.
b) The Government recognises that wireless broadband technologies and services can enable
progress toward multiple public policy goals, including:
•
Expansion of existing networks,
•
Deployment of new and innovative services,
•
Promotion of competition,
•
Universal access to broadband service, and
•
Support of government communications.
c) Considering the critical role that wireless broadband is expected to play in achievement of
the government’s developmental objectives, spectrum made available as a result of the
digital TV migration will be assigned only to new PPP-based licensee(s). The CAK shall
ensure that such licenses are issued transparently as per existing laws and regulations.
d) Government services such as public safety/protection and disaster relief (PPDR) may also be
facilitated by commercially deployed networks, among others;
e) Currently licensed operators will be authorised to continue to evolve their networks and
services. In this regard the current operators shall be authorised by the CAK on
application to refarm their currently licensed spectrum in order to deploy more
advanced wireless broadband technologies.
f) The Communication Authority of Kenya shall include universal service and/or coverage
obligations to all licensees receiving spectrum assignments to facilitate universal
broadband coverage and service provision.
g) To facilitate network roll-out, achieve universal access and service goals, and enable
operators to deploy the most advanced systems available, technology and serviceneutral policies and regulations shall be pursued.
h) The Government will hold periodic public consultations to allow stakeholders to make
inputs into the policy formulation process.
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6
.
4
.
I
d
e
n
t
i
f
i
c
a
t
i
o
n
o
f
S
p
e
c
t
r
u
m
B
a
n
d
s
f
o
r
D
e
p
l
o
y
m
e
n
t
o
f
W
i
r
e
l
e
s
s
B
r
o
a
d
b
a
n
d
The ITU-R has identified the following frequency bands, among others, for International Mobile
Telecommunication (IMT), which includes 4G/LTE and its enhancements. For purposes of this
policy, the subset of IMT spectrum bands considered (“4G/LTE Frequencies”) is:
•
450-470 MHz
•
694-790 MHz
•
790-960 MHz
•
1710-1885 MHz
•
1885-2025 MHz
•
2110-2200 MHz
•
2300-2400 MHz
•
2500-2690 MHz
•
3400-3600 MHz
However, it should be noted that countries may deploy IMT systems in bands other than those
identified in the Radio Regulations, and they may also deploy IMT systems only in some or parts of
the bands identified for IMT in the Radio Regulations.
This policy document recommends a spectrum plan for Kenya that proposes certain band for
wireless broadband services in the country: such as 700 MHz, 800 MHz, 900 MHz, 1800 MHz, 1900
MHz and 2100 MHz, 2300 MHz and 2500MHz bands, among others.
a) The envisaged 4G infrastructure and services can either be implemented in the newly available
lower frequency bands (namely 700 MHz/800MHz) or in the higher frequency bands (e.g. 1800
MHz/2300-2400MHz/2500-2690MHz). In addition, current operators may re-farm the existing
bands assigned to them. The low frequency bands are key for driving nationwide coverage
(particularly in sparsely populated areas), while the high frequency bands are required for
capacity and urban hotspot coverage. This makes the lower bands ideally suited for achieving
broadband nationwide coverage, and the higher bands optimal for coverage in densely
populated areas.
b) The use of the 700 MHz/800 MHzfrequencies has the potential to provide ass market
broadband at a lower cost, because broadband wireless coverage of a given area could be
achieved with fewer base stations as compared to coverage of the same area using higher
frequency bands. Thus, utilization of this spectrum will enable the Government to achieve the
objectives of delivering efficient, competitive, affordable and responsive wireless mobile
broadband infrastructure and services.
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6
.
5
.
S
p
e
c
t
r
u
m
A
s
s
i
g
n
m
e
n
t
S
t
r
a
t
e
g
i
e
s
t
o
b
e
a
d
o
p
t
e
d
f
o
r
W
i
r
e
l
e
s
s
B
r
o
a
d
b
a
n
d
R
o
l
l
o
u
t
To promote efficient and affordable telecommunications services, research and development as
well as social and economic progress, the following strategies shall be employed:
a) The Ministry of Information Communication Technologyshall put in place a framework to
license wireless broadband network operator(s)using a Public-Private Partnership (PPP)
model.
b) CAK shall take steps towards the migration from all identified frequencies by incumbent
users who are not using it for wireless broadband and encourage operators with spectrum
with spectrum that can be refarmed for wireless broadband to do so.
c) CAK shall put in place an appropriate band channelization plan for the frequencies cleared
by migration (migrated frequencies), to ensure efficient utilisation.
d) CAK shall warehouse the remaining spectrum as a reserve to await future policy decisions
based on prevailing market conditions.
e) In order to promote efficient utilisation of the current spectrum holdings amongst existing
operators, CAK may re-examine and propose a re-arrangement of the existing -assignments,
to be subject to public consultation. CAK may also issue rollout obligations and targets to
existing operators over a specified period of time.
f) CAK shall promote fair competition and equality of treatment among licensees, and
promotion of the public interest; will ensure efficient allocation of spectrum to both existing
licensed operators and new entrants in the mobile broadband sub-sector, taking into
account the need for universal access to broadband, market conditions and the availability
of radio spectrum resources.
g) Efforts shall also be made to facilitate infrastructure sharing and national data roaming in
order to maximize seamless connectivity.
h) Deployment of broadband access technologies for government communication needs may
also be implemented through public-private partnerships. Consequently, critical
government services such as public safety/protection and disaster management may also be
provided through commercially deployed and operated networks on mutually agreed terms
and conditions.
i) CAK shall license the un-assigned wireless broadband frequencies based on prevailing
Government policy, subject to public consultation, as indicated in section 5.5.
j) CAK? shall provide a transparent, market-based mechanism for allocation of spectrum to
facilitate investment decisions by licensees and government;
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k) CAK? shall develop a clear services rollout obligation framework based on geographical and
population coverage, subject to appropriate roll out timelines.
l) Radiofrequency Spectrum Re-farming
6
.
6
.
P
u
b
•
Spectrum re-farming (redeployment) is a process where existing operators are
authorised to use their existing spectrum holding to deploy new technologies that
provide greater social and economic benefits.
•
The National Broadband Strategy calls for expediting frequency refarming to
optimise the utilisation of the currently allocated spectrum for deployment of mobile
broadband services.Currently licensed operators may seek authorisation to re-farm
their current spectrum holdings in order to enhance spectrum utilisation efficiency.
•
CAK shall encourage the existing operators to re-farm their current spectrum
holdings in line with the existing unified licensing framework
l
i
c
P
r
i
v
a
t
e
P
a
r
t
n
e
r
s
h
i
p
P
(
P
P
f
)
o
r
D
e
p
l
o
y
m
e
n
t
o
f
W
i
r
e
l
e
s
s
B
r
o
a
d
b
a
n
d
Thepublic-private partnership shall establish a wholesale open access wireless broadband network.
The Government and the private partner(s) (PPP Company) will build, own and operate a
nationwide mobile broadband telecommunications network and infrastructure. The PPP
Companywill notbe permitted to offer services directly to end users, but shall offer wholesale
capacity to existing and new service providers. In this initiative the Government shall make
available sufficient suitable spectrum and existing government owned optical fibre infrastructure/
network to the PPP Company inexchange for equity stake proportionate to the value of the
spectrum and infrastructure.1The model will be economically viable to the PPP investors and
Government and will enable service providers to focus on the broadband service delivery rather
than infrastructure provision.
.
7
T
H
E
C
O
M
M
U
N
I
C
A
T
I
O
N
S
A
U
T
H
O
R
I
T
Y
O
F
K
E
N
Y
A
(
C
A
K
)
The CAK is vested with the responsibility of controlling, planning, management and licensing of the
radio spectrum under KICA, Cap 411A. In the management of the radio-frequency spectrum the
CAK is expected to, amongst other things:
•
•
•
Comply with ITU requirements, standards and the Radio Regulations, as agreed to or
adopted by Kenya;
Ensure the spectrum is utilized efficiently to meet the current and future needs of the
Kenyan communication industry;
Develop a national radio frequency plan in accordance with sector policy, taking into
account current and likely future use of the radio frequency spectrum;
1
The amount and configuration of spectrum, fibre and other resources to be employed shall be determined after taking
into account inputs from stakeholders and other interested parties.
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•
•
•
Encourage the efficient use of radio spectrum to facilitate the introduction of advanced and
innovative communications services;
Make use of various spectrum management tools to ensure efficient use of spectrum
Develop and maintain a publicly available National Table of Frequency Allocation (National
Radio Frequency Plan) to fulfil the following requirements, among others:
o Identifying frequencies that will facilitate competition;
o Identifying frequencies that will facilitate the rollout of broadband services;
o Complying with ITU requirements and regulations;
o Review the tools used in managing the spectrum;
o Undertake some wide-ranging projects that may affect a number of bands and a
wide group of stakeholders, such as:
Considering various issues relating to government spectrum use and the
availability of spectrum to the broader community;
Assisting the government in determining its approach to the management of
expiring spectrum licences; and
Identifying the availability of spectrum for wireless access services (WAS)
Review its approach to planning, licensing and pricing in particular bands.
The objective is for CAK to provide for management of the radiofrequency spectrum in order to:
•
•
•
•
•
•
•
•
maximise, by ensuring the efficient allocation and use of the spectrum, the overall public
benefit derived from using the radiofrequency spectrum;
make adequate provision of the spectrum:
o for use by agencies involved in the defence or national security of
Kenyans,lawenforcement or the provision of emergency services; and
o for use by other public or community services;
provide a responsive and flexible approach to meeting the needs of users of thespectrum;
encourage the use of efficient radiocommunication technologies so that a wide rangeof
services of an adequate quality can be provided;
provide an efficient, equitable and transparent system of charging for the use ofspectrum,
taking account of the value of both commercial and non-commercial use ofspectrum;
support the communications policy objectives of the National and County Governments;
provide a regulatory environment that maximises opportunities for the Kenyan
communications industry in domestic and international markets; and
Promote Kenya’s interests concerning international agreements, treaties andconventions
relating to radiocommunications or the radiofrequency spectrum.
To ensure that these objectives are met, the CAK may take into account the principlethat
maximising the overall public benefit from use of the radiofrequency spectrum requires balanced
application of both regulatory and market mechanisms.
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8
.
T
H
E
I
C
T
A
U
T
H
O
R
I
T
Y
(
I
C
T
A
)
ICTA shall be designated to be responsible for the following functions:
•
2
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Agency solely responsible for managing and participating, on behalf of the government inall
public funded ICT infrastructure projects such as the open access Wireless Broadband
Network, NOFBI and others.
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