WIRELESS BROADBAND SPECTRUM POLICY

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1 1. PREAMBLE MINISTRY OF INFORMATION, COMMUNICATIONS AND TECHNOLOGY WIRELESS BROADBAND SPECTRUM POLICY The radi-frequency spectrum is a critical and finite scarce resurce which supprts a wide range f wireless services and applicatins in the ICT sectr namely telecmmunicatins, bradcasting, emergency services, transprt, and scientific research amng thers. Higher demand fr spectrum arising ut f cnvergence between fixed and mbile services, telecmmunicatins and bradcasting, and the need fr ever greater bandwidth mean that access t this scarce resurce cntinues t increase. This spectrum plicy sets the framewrk fr the develpment f electrnic cmmunicatins systems and services t supprt the implementatin f the Natinal Bradband Strategy, amng thers. The framewrk is expected t cntribute twards the realizatin f ther ICT sectr requirements and plicy bjectives that supprt the develpment f an infrmatin and knwledge based sciety as envisined in Kenya Visin This plicy aims at ensuring that spectrum will be efficiently managed in line with public plicy bjectives, with a view t making it available t all users under specific and clear cnditins in a transparent and equitable manner. The plicy strives t maintain a balance between the public and private interest. Hwever, in the event f cnflict, public interest shall prevail Kenya Visin 2030 and ICT The Kenya Visin 2030 aims at transfrming Kenya int a knwledge based ecnmy that utilizes ICT fr natinal grwth and develpment. In the past few years the Gvernment has made cnsiderable effrts in prviding bradband cnnectivity t Kenyans. Internatinal cnnectivity has been achieved thrugh the landing f sub-marine cables prviding quality and reliable internatinal cnnectivity t the cuntry at cmpetitive csts. Further, the Gvernment is deplying the Natinal Optical Fibre Backbne Infrastructure (NOFBI) t cver majr twns and strategic public, scial and learning institutins. The private sectr players have als cmplimented Gvernment effrts by laying fibre in sme parts f the cuntry. 1 P a g e

2 Leveraging n NOFBI, cnnectivity is als being extended acrss the cuntry thus enabling the Gvernment t rll ut e-services cuntrywide. Mbile Netwrk Operatrs are als rlling ut wireless mbile bradband netwrk infrastructure. Despite these successes and significant prgress having been made t prvide bradband t all Kenyans, there still exists cnnectivity gap between the urban and rural areas with the later having minimal bradband cnnectivity. The rural areas lag behind in develpment and utilizatin f ICTs and therefre are yet t explit pprtunities presented by innvative technlgies Internatinal Spectrum Management The Internatinal Telecmmunicatin Unin (ITU) is respnsible fr the internatinal crdinatin f the radi frequency spectrum thrugh the Radicmmunicatin Sectr (ITU-R). ITU-R is respnsible fr the crdinatin and implementatin f the Radi Regulatins, which are revised by Wrld Radicmmunicatin Cnferences (WRCs), nrmally held every three t fur years. Article 5 f the Radi Regulatins cntains the Table f frequency allcatins listing frequency bands allcated t the varius services accrding t three ITU gegraphic regins. Kenya is in ITU Regin 1 and the Cmmunicatins Authrity f Kenya (CA) is the lead agency in representing the Gvernment f Kenya at the ITU. 2. INTRODUCTION Bradband cnnectivity is universally cnsidered essential fr sci-ecnmic develpment and a fundamental resurce fr all citizens. T encurage and facilitate the extensive use f bradband wireless services the Gvernment is cmmitted t prmte the develpment and implementatin f Wireless Bradband Spectrum plicy fr the 21st century that will, amng thers: Fster ecnmic grwth; Ensure ur natinal security; Maintain Kenya s reginal leadership in ICT develpment and services; Satisfy ther vital Kenyan needs in areas such as public prtectin and disaster relief, gvernment services; research, develpment & innvatin; educatin, and natinal transprtatin infrastructure. 2 P a g e

3 3. EXISTING FRAMEWORK ON SPECTRUM MANAGEMENT The current plicy framewrk as cntained in the Natinal ICT Plicy Guidelines, spells ut plicy bjectives and the strategies t achieve them. Under the existing framewrk, the Gvernment, thrugh the regulatr, reviews every change in spectrum use. The current legislative framewrk is cntained in the Kenya Infrmatin and Cmmunicatins Act (KICA), Cap 411A (as amended) and the Cabinet Secretary in cnsultatin with the Regulatr issues regulatins n the use and management f spectrum. Cnsidering the new technlgical and regulatry changes wrldwide, it is imprtant that the existing spectrum plicy principles, practices and strategies are reviewed t align them with the new develpments. 4. OBJECTIVES OF THE WIRELESS BROADBAND SPECTRUM POLICY This plicy aims t: Undertake a cmprehensive review f spectrum management practices in the cuntry with the bjective f identifying strategies that prmte mre efficient and beneficial use f spectrum withut harmful interference t users; Ensure that spectrum, being a scarce resurce, is allcated in transparent, fair and equitable manner and managed efficiently Ensure glbal and reginal crdinatin and harmnizatin f spectrum usage t decrease cst f technlgy by increasing ecnmies f scale. Unlck the ecnmic value and entrepreneurial ptential f Kenyan spectrum assets while ensuring that sufficient spectrum is available t supprt critical Gvernment functins; Create a brad framewrk fr spectrum management f which the detailed implementatin plan will be put in place by the CA; Prmte the prvisin f last mile bradband services by small peratrs thrugh cnducive pen access framewrk, including the prvisin f bradband services in in areas such as husing develpments amng thers; Ensure that all public institutins at the Natinal and Cunty level benefit frm bradband cnnectivity with the expectatin that this cnnectivity will eventually be extended t the cmmunities these institutins serve; Ensure public services, such as e-gvernment, are better delivered by aggregating bradband requirements by public institutins at the Natinal and Cunty level; 3 P a g e

4 Ensure the benefits f the digital dividend are maximized as well as maintaining cnsistency with the prvisins f the agreements f the Internatinal Telecmmunicatin Unin; Ensure that measures are put in place t implement bjectives in the Natinal Bradband Strategy with the aim f achieving the Sustainable Develpment Gals. T implement this plicy, the Ministry f Infrmatin, Cmmunicatins and Technlgy may prepare, if necessary, additinal legislatin and plicies. 5. PRINCIPLES FOR SPECTRUM MANAGEMENT 5.1. Spectrum Management shuld be dynamic and respnsive t user needs t: - Fster cmpetitin, grwth and innvatin in the use f spectrum; Prmte flexible, pen and respnsive management f spectrum; Prmte universal access t bradband services; Prvide clarity and certainty t stakehlders and the general public regarding spectrum usage; Take accunt f develpments in radi frequency spectrum management in the internatinal envirnment, such as the ITU at the glbal level, embracing best practices in use within the East African Cmmunity and ther reginal blcs Make spectrum available t all users under specific and clear cnditins in a transparent and equitable manner The cnditins fr availability f spectrum resurces shuld be clear t enable users have certainty and cmfrt when prcuring them t facilitate their peratins. It is therefre imprtant that there are clear and specific cnditins which are transparent and equitable t assure users f cntinual rllut and sustainability f their services Enable and encurage spectrum t mve t its highest value use r uses. Access t radi frequency spectrum t the highest value use in a timely manner will ensure that assciated benefits are realised prmptly, withut undue delay and csts f regulatry interventin. In this regard, public benefit will be maximised where radi frequency spectrum resurces are allcated t the highest value use r uses t cnsumers and the brader public gd r scial benefit Use the least cst and least restrictive apprach t achieving plicy bjectives. Planning, licensing, allcatin, assignment and cmpliance measures shuld aim t minimise the ttal cst f achieving the bjectives f spectrum management, including the cst t gvernment, licensees and the public. 4 P a g e

5 5.5. Access t spectrum resurces shuld be simple In authrising the right t use spectrum resurces, the apprach adpted ught t be apprpriate fr the uses/sectrs under cnsideratin: Market mechanisms may be apprpriate where its use is directly subject t market frces and demand is deemed t exceed supply; Where the use f spectrum is required fr the prvisin f public prtectin and disaster relief, scial r cultural bjectives; the regulatr may use ther mechanisms as apprpriate, including impsing cnditins, direct participatin in prjects t spur effective spectrum use and administrative assignment directly t the user taking int accunt due prcess Public Cnsultatins Stakehlders may be cnsulted where apprpriate, t prvide inputs t the spectrum management prcess. Similarly, Gvernment-spnsred initiatives t direct use f spectrum resurces will als be subject t cnsultatin prcesses t elicit feedback n the prpsed initiatives as well as ptential alternative appraches Exemptin frm payment f Spectrum licence and usage fees Public prtectin and disaster relief services and research and develpment initiatives may be exempted in whle r in part frm paying the requisite spectrum licence and usage fees. Guidelines n such exemptins will be prescribed by CA Encuragement t deply services in rural areas Prvide incentives plus cverage bligatins t the licensed players t address the unserved and underserved areas r licensing f Cunty-based service prviders t ffer last mile bradband access slutins Clarity n rights and access t spectrum In line with best practice, clear rules shall be develped and applied by CA n, inter alia: The rights and bligatins f spectrum users, including: Licence duratin and cnditins regarding issuance and renewal f licence; Alignment f the spectrum license and the perating license; Rights and bligatins regarding change f use f the spectrum; Rights and bligatins regarding capacity sharing f certain bands f spectrum essential fr wireless bradband access; 5 P a g e

6 Timely use f spectrum fr stated purpses; Prmpt surrender f assigned spectrum when licensee ceases peratins. Rights and bligatins regarding frequency fee charging criteria in case f administrative based spectrum assignment mechanisms; Rights and bligatins cncerning spectrum use Discurage Over-cncentratin f spectrum resurces in the hands f a few Safeguards t be prvided t discurage ver-cncentratin f spectrum in the hands f a few peratrs that wuld prevent existing peratrs r new entrants frm acquiring and effectively using spectrum Prmting Research and Innvatin Access t spectrum resurces is an essential prerequisite fr research and innvatin in wireless technlgies. The plicy will prmte cmpetitiveness, encurage research and innvatin and facilitate unique experimentatin. Fr example, the test-and-trial regime fr new wireless technlgies, applicatins and services shall be encuraged and cntinue t be develped under clear terms and cnditins set by CA Technlgy & Service Neutrality Technlgy and service neutrality shall be prmted, where apprpriate. Any limitatins n applying the principle f technlgy and service neutrality in any given band shall be specified Efficient Use f Radifrequency Spectrum Use f efficient radi frequency spectrum technlgies and techniques will be encuraged. The plicy will be reviewed frm time t time t keep pace with technlgical develpments that prmte efficient use f spectrum. In assessing the efficient use f spectrum, the fcus shall be n ecnmic, scial and Natinal plicy bjectives t ensure that: A balance is struck between efficient use and prmting innvative develpment; Benefits f flexibility f use against thse f harmnised are taken int accunt; Spectrum pricing is used as apprpriate t prmte its efficient utilisatin. 6 P a g e

7 5.14. Spectrum sharing T address the grwing demand fr wireless services, spectrum sharing will be encuraged t imprve efficiency and maximize its use. In this regard use f unlicensed spectrum will be encuraged in rder t unlck the next generatin f wireless technlgies Spectrum Re-farming Spectrum re-farming (redeplyment) is a prcess where existing peratrs use their existing spectrum hldings t deply new technlgies that prvide greater scial and ecnmic benefits. The Natinal Bradband Strategy calls fr expediting frequency re-farming t ptimise the utilisatin f the currently allcated spectrum fr deplyment f mbile bradband services; CA shall encurage the existing peratrs t re-farm their current spectrum hldings in line with the existing Unified Licensing Framewrk Mnitring and enfrcement The methdlgy fr mnitring and enfrcement f prper use f radifrequency spectrum resurces shall be regularly reviewed s as t be able t respnd t any interference issues. 6. DEPLOYMENT OF WIRELESS BROADBAND NETWORKS The deplyment f wireless bradband netwrks will result in prvisin f bradband cnnectivity t the entire cuntry and meet the wireless bradband access targets set in the Natinal Bradband Strategy. This plicy sets a framewrk fr availing spectrum fr deplyment f wireless bradband netwrks that will build n the existing bradband envirnment and increase the penetratin f bradband cnnectivity cuntrywide and especially in the rural and underserved areas fr bth cmmercial and gvernment services The Natinal Bradband Strategy Visin 2030 recgnises the enabling rle f ICTs and anchrs sme f its key aspiratins upn the availability and adptin f bradband technlgies. The Natinal Bradband Strategy (NBS) is premised n the visin t transfrm Kenya int a knwledge-based sciety driven by a high capacity natinwide bradband netwrk. The Strategy is critical t the achievement f Visin 2030 that seeks t prvide Kenyan citizens with a lifestyle that is equivalent t the experience that a newly industrialized cuntry prvides. The verall bjective f the NBS is t prvide quality bradband services t all citizens. Bradband is vital t achieving the Sustainable Develpment Gals (SDGs). 7 P a g e

8 It plays a vital rle in imprving sustainable develpment by supprting the prvisin f basic needs such as educatin and healthcare, helping t lift peple ut f pverty thrugh e-cmmerce and jb grwth, mnitring climate change and planetary prcesses, and bridging the digital gender divide. Therefre, the rll-ut f bradband infrastructure and bradband-enabled applicatins and services can help fster inclusive ecnmic grwth. The rle f the gvernment fcuses n the supply-side prmtin f bradband as well as prviding an enabling envirnment t allw ptimum market grwth f bradband services by leveraging private sectr investment in critical infrastructure. It is expected that public and private sectr investment and cmpetitin will expand the bradband market. These plicy guidelines prvide the directin and scpe f actins t be taken by Gvernment in rder t prmte the deplyment f Wireless Bradband taking int accunt the need fr efficient utilizatin f spectrum in the bands identified fr Wireless bradband services Spectrum Bands fr Deplyment f Wireless Bradband Cuntries may deply wireless bradband services in varius frequency bands ther than thse identified in the Radi Regulatins, and they may als deply these services nly in sme r parts f the bands identified fr IMT in the Radi Regulatins. This plicy dcument recmmends that CA develps a spectrum plan fr Kenya that prpses bands fr deplyments f wireless bradband services in the cuntry: such as MHz, 700 MHz, 800 MHz, 900 MHz, 1500 MHz, 1800 MHz, 1900 MHz and 2100 MHz, 2300 MHz, 2500MHz, MHz, bands, amng thers. The envisaged wireless bradband infrastructure and services can either be implemented in the newly available lwer frequency bands, in the higher frequency bands r any bands t be identified in future. The lw frequency bands are key fr driving natinwide cverage (particularly in sparsely ppulated areas), while the high frequency bands are required fr capacity and urban htspt cverage. This makes the lwer bands ideally suited fr achieving bradband natinwide cverage, and the higher bands ptimal fr cverage in densely ppulated areas. The use f the lwer frequencies has the ptential t prvide mass market bradband at a lwer cst, because bradband wireless cverage f a given area culd be achieved with fewer base statins as cmpared t cverage f the same area using higher frequency bands. 8 P a g e

9 Thus, utilizatin f this spectrum will enable the Gvernment t achieve the bjectives f delivering efficient, cmpetitive, affrdable and respnsive wireless mbile bradband infrastructure and services Spectrum Assignment Strategies t be adpted fr Wireless Bradband Rllut CA will emply strategies that prmte deplyment f efficient and affrdable telecmmunicatins services, research and develpment as well as scial prgress and ecnmic develpment. The Regulatr shall prmte fair cmpetitin and equality f treatment amng licensees, and prmtin f the public interest; will ensure efficient allcatin f spectrum t bth existing licensed peratrs and new entrants in the mbile bradband sub-sectr, taking int accunt the need fr universal access t bradband, market cnditins and the availability f radi spectrum resurces. 7. INSTITUTIONAL FRAMEWORK FOR IMPLEMENTATION OF THE WIRELESS BROADBAND SPECTRUM POLICY 7.1. Ministry f Infrmatin, Cmmunicatins & Technlgy The Ministry s rle will include: Oversight in the implementatin f the plicy. Strengthening existing institutins t champin and deliver n the bjectives f the plicy. Prvisin f an enabling envirnment fr investment in the sectr. Draft, review and ensure adptin f plicy Mnitr and evaluate the implementatin f the plicy 7.2. Natinal Cmmunicatins Secretariat The Natinal Cmmunicatins Secretariat, established thrugh the Kenya Infrmatin and Cmmunicatins Act f 1998 (as amended), will; Cntinue t be the plicy advisry arm f the Gvernment n matters pertaining t the ICT sectr including radi frequency spectrum management. Carry ut research related t ICT plicy including radi frequency spectrum management The Cmmunicatins Authrity f Kenya (CA) The CA, as the independent ICT sectr regulatr, is vested with the respnsibility f management f the radi spectrum under the Kenya Infrmatin and Cmmunicatins Act f 1998 (as amended). In carrying ut this respnsibility, the CA is expected t, amngst ther things: 9 P a g e

10 Ensure the spectrum is utilized efficiently t meet the current and future needs f the Kenyan cmmunicatin industry; Develp a natinal radi frequency plan in accrdance with sectr plicy, taking int accunt current and likely future use f the radi frequency spectrum; Encurage the efficient use f radi spectrum t facilitate the intrductin f advanced and innvative cmmunicatins services; Make use f varius spectrum management tls t ensure efficient use f spectrum; make adequate prvisin f the spectrum: fr use by agencies invlved in the defence r natinal security f Kenyans, law enfrcement r the prvisin f emergency services; fr use by ther public r cmmunity services; prvide a respnsive and flexible apprach t meeting the needs f users f the spectrum; encurage the use f efficient radicmmunicatins technlgies s that a wide range f services f an adequate quality can be prvided; prvide an efficient, equitable and transparent system f charging fr the use f spectrum; supprt the cmmunicatins plicy bjectives f the Natinal and Cunty Gvernments; prvide a regulatry envirnment that maximises pprtunities fr the Kenyan cmmunicatins industry in dmestic and internatinal markets; and Prmte Kenya s interests cncerning internatinal agreements, treaties and cnventins relating t radicmmunicatins r the radifrequency spectrum. In perfrming its rle, the CA may take int accunt the principle that maximising the verall public benefit frm use f the radifrequency spectrum requires balanced applicatin f bth regulatry and market mechanisms The ICT Authrity (ICTA) The ICT Authrity is a State Crpratin under the Ministry f Infrmatin, Cmmunicatin and Technlgy (ICT). It has a brad mandate t fster the develpment f ICTs in Kenya (including businesses, innvatin and capacity building), implement and maintain systems and technlgy fr the Gvernment, versee the develpment f integrated ICT prjects, and t develp and enfrce ICT standards fr the Gvernment. 10 P a g e