Safaricom Sustainability Report 2016
35
We were fined KSh 157,000,000 by the CA. This penalty
represents 0.1% of our Gross Annual Revenue (GAR) and this
percentage was applied to all operators that were found to
be non-compliant.
It should be noted that we, along with the other Kenyan
mobile network operators, have expressed concerns
regarding the QoS measures used by the CA and the
Authority is evaluating the methodology that underpins its
testing framework.
We also have two escalated legal actions lodged before
the Competition Authority, but we are unable to comment
further on these as the outcomes are still pending at the
time of going to print.
Putting customers’ rights first
We have made Customer Experience a core focus of the
Regulatory and Public Policy Department. As part of this
new approach, we were involved in the reviewing and
revising of the Terms and Conditions for Safaricom products
and services. Our goal was to make these as straightforward
as possible and to ensure that customers receive adequate
information so that they can enjoy using our products and
services with confidence and satisfaction. We have also
prioritised our support for the customer education and
awareness initiatives of other Business Units where relevant.
Externally, we have also reinvigorated our support for
Chukua Hatua
, the consumer education outreach
programme of the Communications Authority of Kenya,
responding timeously to all queries and issues that are raised
and participating in other ways when appropriate.
Supporting operational excellence
Part of our new strategy has been to get closer to our
customers through decentralising and becoming more
responsive in our six regions and this has required us to
support other Business Units at the county level, assisting with
county license fees negotiations, site acquisitions, business
permits and regulatory counsel.
We also continue to collaborate with other Business Units
on matters of competition, public policy, spectrum and
regulatory economics to ensure optimum performance
within our regulatory environment.
Assisting with product relevance
Our existing mandate to seek regulatory approval for all new
and amended products and services has been expanded
to include providing internal feedback and input into the
product creation process; in other words, the regulatory
team has now taken an active, co-creation role in product
development. Customer feedback also continues to shape
the regulatory environment within which we operate and
we relay information regarding these shifting requirements
and needs into the process.
Proactively engaging with the regulator
We continue to engage with the Communications Authority
of Kenya on the following issues:
•
SIM Registration Regulations
During the reporting period, the CA amended
the SIM Registration Regulations and introduced
new requirements on operators to retain copies of
subscriber national Identification cards. We are working
closely with the Authority in order to construct a
framework that meets these regulatory objectives in a
satisfactory manner.
•
Infrastructure Sharing Regulations
In December 2015, the CA published six draft
Regulations for the purposes of public consultation,
including Regulations on Infrastructure Sharing. We
are concerned that these Regulations fail to take into
account international best practice — where sharing
is based on technical and commercial viability — and
we are engaging the CA and the government on
these proposals.
•
National ICT Policy
In October 2014, the government published a draft
ICT policy for stakeholder comments and input. We
made formal submissions in response to this draft in
FY15 (regarding infrastructure sharing, the county
telecommunications operators, the reduction of radio
spectrum fees and the need to include incentives for
environmental management) and we continue to
engage with the CA during stakeholder engagement
forums. We are in the process of issuing our input
through our representation in the sectoral working
groups on emerging issues.
•
Information and Communications Sector Regulations
The CA suspended its comprehensive review of the
regulations governing the sector on 9 December
2015 and commenced the process of recruiting a
consultant to undertake a Competition Study in the
Telecommunications Market by issuing a Request For
Proposals (RFP) for this process. We await the outcome
of this process and continue to support attempts to
grow the market and to provide consumers with the
very best offerings in terms of variety, price and quality
that are aligned with international best practices.