It appears that none of the contributors to this thread so far have read "THE KENYA INFORMATION AND COMMUNICATIONS (FAIR COMPETITION AND EQUALITY OF TREATMENT) REGULATIONS, 2010"
You can download the regulations
HERE: I have had a glance at the regulations and so far, I have problems with the following:
Section 7(2)d reads:7.(1) The Commission may from time to time develop and publish, in the Kenya Gazette, guidelines to be followed when determining whether a licensee in a dominant market position in a specific communications market.
(2) The criteria shall among others include-
.
.
(d)the ability of the licensee to earn
supernormal profits
But it does not define what is meant by "supernormal".
Section 10. (1) reads: "A licensee shall maintain separate books of account for each service as may be prescribed by the Commission from time to time and shall not cross-subsidize the prices for any service it offers in the market with revenue from the sale of communication systems and services."
Essentially, this kills the motivation for creating many services. Imagine this: SCOM may be told not to use profits made in data services to off-set losses incurred in discounted voice services. Ridiculous!!
I'm still reading the document, but so far it sounds like market control [as opposed to regulation]. The net effect is likely to be an increase in tariffs. In fact, these regulations might kill the very people it is intended to protect.
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.