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{
    "id": 893189,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/893189/?format=api",
    "text_counter": 355,
    "type": "speech",
    "speaker_name": "Marakwet West, JP",
    "speaker_title": "Hon. William Kisang",
    "speaker": {
        "id": 2263,
        "legal_name": "William Kipkemoi Kisang",
        "slug": "william-kipkemoi-kisang"
    },
    "content": "The legislation contemplated by the Constitution is CICA which Parliament subsequently enacted to establish the Communication Authority some time in2015. The CA is required, so far, as is reasonably practical to ensure telecommunications services in Kenya in a manner that is reasonably necessary to satisfy the public demand. In regulating competition in the telecommunication sub-sector, CA is guided by Sections 23, 84(q) (r) (s) (t) and (w) of the CICA of 1998. CICA outlines rules governing competition within the telecommunication sub-sector as well as the powers and responsibilities of CA as the sector regulator. Section 84(q) of CICA prohibits licensees from engaging in activities which have, are intended to or likely to have the effect of unfairly preventing, restricting or distorting competition where such acts or omission is done in the course of or as a result or in connection with any business activities relating to license services. In enforcing fair competition, CA is granted powers to investigate abuse of dominant position within the sub-sector or the entering into price fixing arrangement by players within the sub-sector. In addition, Section 84(w) and 85(a) of CICA further mandate the CS, ICT to make particular regulations on competition within the sub-sector. Further, the Competition Act of 2010 was enacted by Parliament to promote and safeguard competition in the national economy, protect consumers from unfair and misleading market conduct, provide for the establishment, powers and functions of the Competition Authority of Kenya and the Competition Tribunal. The Report is divided into several chapters. I believe Members already have it. For the sake of time, I want to go to the observations and recommendations of the Committee. The Committee recommends that the Communications Authority of Kenya (CAK) formulates and publishes clear guidelines on the application, allocation and use of spectrum resources within six months. The guidelines should clearly indicate the process involved at each stage, the conditions applicable to the resource allocated and the circumstances under which spectrum is allowed. Spectrum is basically the resource that the telecommunication sub-sector is signed and each pays about US$25 million over a period of 10 years and there is an annual licence of about a billion after that period."
}