The Kenya Information and Communications Act, 1998 envisaged a broadcasting market structure consisting of the following licence categories:

• Public Broadcasting Services.
• Community Broadcasting Services.
• Private or Commercial Broadcasting Service.
• Subscription Broadcasting Services.
• Signal Distribution Services.
• Any other class of licence as may be determined in accordance with the regulations.

Download Broadcasting Services Market Structure and Fee Schedule

The Kenya Information and Communications Act, 1998 vests CA with the responsibility of enforcing a programming code. The Authority engaged stakeholders on the development of a Programming Code for broadcasting services and a complaints handling procedure

The Programming Code for Broadcasting Services in Kenya 4th Edition, March 2024

Complaints Handling Procedures for Broadcast Content

Unified Licensing Framework (ULF)

The Authority has adopted a Unified Licensing Framework (ULF) that is technology neutral. Consequently, operators and service providers are licenced under a market structure consisting of the following broad market segments:-

a) International Gateway Systems and Services Licence
This licence allows for the establishment and operation of international gateway systems and to provide international gateway services using satellite communication services across the globe or terrestrial systems across contiguous countries.

b) Submarine Cable Landing Rights Licence
This licence allows for the establishment of submarine cables systems for the provision of international connectivity services across the sea.

c) Network Facilities Provider (NFP)
This category of licence allows a licensee to establish and operate communication infrastructure using any form of technology, whether fiber, copper, satellite or microwave systems, for purposes of leasing for use by application service providers to provide services. The resources applicable to this category of licence are the spectrum resources. The category is further divided into three (3) subcategories;

1. Network Facilities Provider Tier 1
   This licence allows a licensee to deploy communication infrastructure, using any technology, countrywide with the main difference that it allows for a national spectrum reservation and allocation particularly for the mobile services.
   
   
2. Network Facilities Provider Tier 2
   This licence category also allows a licensee to deploy communication infrastructure countrywide, using any form of technology, only that spectrum allocation is regional and not national.
3. Network Facilities Provider Tier 3
   This licence allows a licensee to deploy communication infrastructure within a specific region using any form of technology except satellite communications because of its borderless nature. Spectrum is also allocated regionally.

d) Application Service Provider
This licence allows a licensee to provide any form of service to end users using the infrastructure leased from any of the above NFP licensee. Such services include but are not limited to voice, data, Internet, mobile virtual network operator, vehicle tracking services etc. The services are all communication services except services that are content in nature. Resources applicable to this licence are numbering resources both for customers and for network nodes

e) Content Service Provider
This licence allows a licensee to provide content related services to end users who are customers of the application service providers. Content service providers use the infrastructure of Network Facilities Providers and the systems of the Application Service Providers to reach their customers. The services offered by content service providers are of information, entertainment, education, health, social etc nature that can either be text, voice, video clips delivered to a customer’s mobile device on request or as subscribed to by the customer.

f) Dot KE Domain Name Registry Services Provider
The dot KE Domain Name Registry services allows a licensee to be the administrative and technical contact for the dot KE domain name registry; administration and maintenance of the dot KE domain name registry, provision of name service for the dot KE domain name registry and provision of a domain registration system for the dot KE Domain Name Registry.

h) Dot KE Subdomain Name Registrars

This licence allows for the provision of registration services for the Dot KE ccTLD subdomain registrar services

i) Telecommunications Contractor Licence

This licence allows for the supply, installation and maintenance of communication infrastructure for third party infrastructure providers like NFPs, IGS, SCLR or private network operators. The telecommunication contractor does not own the resultant infrastructure.

j) Telecommunication Technical Personnel Licence

This is a licence issued to an individual deemed to be technically qualified to carry out installation and maintenance of communication infrastructure. The licence categories include Installation (I), Maintenance (M), Internal Wiring (W) and External Wiring (E) issued depending on the level of qualification of the person. Details are available on the application form.

k) Ordinary Communication Vendor Licence

This allows for the supply and maintenance of low power communication devices, mainly end user devices such mobile phones, set top boxes, remote devices, tracking devices etc. The requirements are;

• A letter signed by company Chief Executive Officer, on company letter-head, asking for authorization to sell low power equipment.
• The letter must provide contact details such as physical and postal address, telephone numbers, emails etc. for the company.
• Indicate the type and model of equipment to be sold.
• Attach company Certificate of Incorporation or registration certificate copy to the letter.
• Attach copy of the company PIN Certificate

The requirements, applicable fees, and licensing procedure for the above licences are contained in the respective application forms except for the ordinary vendor licence whose requirements are as indicated above.

The telecommunications market structure is below;

Download New Market Structure Under the Unified Licensing Framework 2021

The Communications Authority of Kenya (CA) is mandated to license all communications systems and services in the country. In executing this and its other responsibilities, CA is guided by the provisions of the relevant statutes, including the Kenya Information and Communications Act, 1998.

Commercial telecommunications licensees are authorized to set up telecommunications systems and/or to provide telecommunications services to third parties in accordance with the license terms and conditions. CA issues commercial licenses on a first-come-first-served basis and the turn-around time is 135 days.

Unified licensing framework
The Authority has in place a Unified Licensing Framework (ULF), which is technology and service neutral. The ULF market is structured into three main licenses:

• Network Facilities Provider.
• Application Service Provider.
• Content Service Provider.

In addition, investors who wish to land a submarine cable in Kenya require a Submarine Cable Landing license while those interested in building system for the provision of international voice or data services are required to get a license for international Systems and Services. Details of the various telecommunications licenses are available on the web-link:

   Download New Market Structure Under The Unified Licensing Framework 2021

An entity may be issued with multiple commercial licenses, provided that it maintains separate accounts for each license.

Telecommunications licensing requirements
The licensing process commences with the submission of a duly completed application form. Application forms are available for download at the License Application Forms section of this page.

Within the form, details of the minimum requirements for acceptance of an application for each type of license and applicable fees are available. Generally, all applicants for commercial licenses should meet the following minimum conditions:

1. The entity should be registered in Kenya as a company, sole proprietor or partnership.
2. Have a duly registered office and permanent premises in Kenya.
3. Provide details of shareholders and directors.
4. Issue at least 30% of its shares to Kenyans on or before the end of three years after receiving a license.
5. Provide evidence of compliance with tax requirement.

For ordinary vendor applicants, the requirements are:

1. A letter signed by company CEO, on company letter-head, asking for authorization to sell low power equipment.
2. The letter must provide contact details such as physical and postal address, telephone numbers, emails etc. for the company.
3. Indicate the type and model of equipment to be sold.
4. Attach company Certificate of Incorporation or registration certificate copy to the letter.
5. Attach copy of the company PIN Certificate.

Telecommunications licensing procedures
An application is deemed received when the Authority accepts the application fees and issues a receipt and the applicant has met all the requirements. Applications sent by post are logged in as letters until or unless the applicable license application fee is received. Once an application is accepted, it undergoes processing, which may include publication in the Kenya Gazette in accordance with the law. At the conclusion of the licensing process, an applicant is advised of the outcome in writing.

Post-licensing issues

1. If CA approves an application for a Telecommunications license, the applicant is required to take up the offer within six (6) months, failure to which he/she may be required to apply afresh if still interested.
2. On taking up the offer, the license must be put into operation within 12 months from the date of issuance.
3. It is a requirement that all electronic communications systems/equipment be type approved by CA before they are activated. Further, CA inspects all networks before they are put into operation.
4. Telecommunications licenses relate to operational authorization, which allows licensees to set-up systems, and/or provide services to third parties. These licenses are not tied to any roll-out resources such as radio spectrum, numbering (including ENAM) and/or way-leaves. Investors are advised to seek for such resources separately after they are granted a relevant operational license.
5. Investors are encouraged to familiarize themselves with licensing terms and conditions available on sample licenses posted in the License Application Forms section of this page.

For more inquiries, please contact: The Director, Postal and Telecom Services, P.O. Box 14448, Nairobi 00800. Tel. +254 20 4242000, +254703 042000 Email: info@ca.go.ke

EXCLUSIVE SERVICES

Exclusive services in the postal sector are provided by the Postal Corporation of Kenya (PCK), which is designated as the Public Postal Licensee and the body charged with the responsibility of providing universal postal services. To fulfill the Universal Service Obligations (USO), PCK has been granted exclusivity in certain services (reserved services) including:

• Acceptance and delivery of postal articles weighing up to 350 grams.
• Provision of private letter-boxes and bags.
• Printing and issuance of postage stamps.

COMPETITIVE SERVICES

Both the Postal Corporation of Kenya (PCK) and other courier operators provide these:

• Courier services – faster and more efficient means of delivery mainly same-day or overnight.
• Parcel services – catering for all postal items other than letters.
• Direct mail marketing services – passing message to a larger audience-customer communication, distribution of catalogues, orders, statements etc.
• Postal financial services – financial transfers particularly to help the rural folk from urban able or active heads.
• Electronic and hybrid mail services – use of modern technology to improve delivery speed.
• Distribution of publications – reliable system to distribute newspapers, magazines and journals.

Agency services—to provide profitable value added services as agents for paying taxes, municipal fees, electricity, motor licenses and pensions amongst others.

SUMMARY OF POSTAL OR COURIER MARKET STRUCTURE

The licensing process commences with the submission of a duly completed application form that should be completed in English. Application forms are available for download at the License Application Forms section of this page. All applications must be addressed to the Authority.

Within the form, there are details of the minimum requirements for acceptance of any licence application. Generally, all applicants should meet the following minimum conditions:

• The entity should be registered in Kenya as a limited liability company, sole proprietor, Co-operative Society or partnership.
• Have a duly registered office and permanent premises in Kenya.
• In case of a company should provide copy of certificate of shareholding –CR12
• Co-operative Societies should provide Minutes of their last AGM held, by-laws and letters of proof or registration by the Ministry of
• Co-operatives or the appropriate Ministry.
• Company with foreign ownership Issue at least 20% of its shares to Kenyans on or before the end of three years after receiving a license.
• Provide a valid tax compliance and PIN certificate

Upon receipt of the application, the following process ensues:

• Payment of the prescribed non-refundable application fee (currently Ksh.5, 000).
• Publishing of the applicant’s name in the Kenya Gazette upon endorsement by the Communication Licensing Committee and awaits the expiry of 30 days within which representations on the application from interested parties could be raised.
• Upon expiry of the 30 days period and without representation from interested parties, the application is forwarded to the Board for further consideration and approval.
• The applicant is advised on the license fee payable.
• Issuance of the postal/courier license.

Procedure for Licensing Postal and Courier Operators

Procedure for authorization and licensing of Radio Communication Services

In accordance with provision of Section 36 of the Kenya Information and Communications Act, 1998, all radio communication equipment in Kenya must be owned and/or operated under a license, issued by CA and which must be kept in force at all times by regular payment of the prescribed license fee.

The process of authorization and license administration for radio communication services is as outlined below:

• Private Radio Networks (HF/VHF, Private Paging)
• Fixed, Cellular Mobile and Public Paging Services
• Amateur Radio License
• Citizen Band Radio License
• Aircraft Station License
• Maritime (Ship) Station License
• Guidelines for use of Wireless Access Systems (WAS) on Shared Non Protected Basis in the 2.4GHz and 5GHz Frequency Bands

Frequency Spectrum Management Guidelines 2020
Frequency Transfer Guidelines 2022
Procedure for Licensing use of Radio Frequencies

Dynamic Spectrum Access Framework for Authorization of the use of TV White Spaces

The Communications Authority of Kenya (CA) is committed to discharging its mandate to ensure that the ICT sector contributes to the socio-economic growth of Kenya, in line with its vision of a digitally transformed nation.

The Authority is adopting methods beyond the traditional model of dedicated spectrum licensing to individual operators to meet the rapidly increasing demand. To achieve this Implementation of spectrum sharing is a key regulatory intervention that the Authority intends to adopt to accommodate varying levels of spectrum demand and over time, this approach shall be a key strategy of spectrum management.

The Authority authorizes the use of TV white spaces (TVWS), in the 470-694 MHz UHF Spectrum band, currently allocated to the broadcasting service on a primary basis. White Space Devices (WSDs) shall be authorized to operate in areas where specific channels are unused for Digital Terrestrial Television (DTT) broadcasting.

The Authority, therefore, adopts the framework set out in this document, including the definitions, rules and procedures defining TVWS availability and associated power levels to be controlled by the geolocation databases.

The Authority shall maintain control over the effective implementation of the regulatory framework allowing TVWS operation, subject to market demand and periodic feasibility assessment of costs and benefits for efficient operation.

The Qualified Geolocation Database for TVWS is listed here

• Dynamic Spectrum Access Framework for Authorisation of the use of TV White Spaces May 2021
• Procedure for Qualification of Geolocation Databases May 2021
• Application for Qualification of Geolocation Database Form (CA-F-FSM-27)
• Qualified Geolocation Databases for TVWS

The Authority plans frequencies for use by various services every four years following outcomes of the World Radiocommunication  Conference (WRC) which takes place every three or  four years.

The WRC reviews, and, if necessary, revises the Radio Regulations, the international treaty governing the use of the radio-frequency spectrum and the geostationary-satellite and non-geostationary-satellite orbits. Revisions are made on the basis of an agenda determined by the ITU Council, which takes into account recommendations made by previous world radiocommunication conferences.

Download the National Table of Radio Frequency Allocations document.

National Table of Frequency Allocations 2020

1. An application for Type Approval must be made using the Application Form for Type Approval/ Type Acceptance of ICT Equipment
2. The under-listed documents must be submitted together with the Type Approval Application Form:
   
   • A letter of Agency from manufacturer or principal distributor.
   • Sample of equipment/device model, complete with associated accessories and attachments. The Authority is not obliged to return to the applicant, equipment that has been submitted for type approval purposes.
   • Technical Manuals (Operation, Programming, specifications) in English.
   • User Manuals in English.
   • Soft copies of Conformance certificates from a Regulatory Authority or accredited laboratory, Test reports and results (RF, EMC & Safety) from manufacturers or accredited testing laboratories in English.
   • A valid copy of the Authority’s Licence/Compliance
   • Evidence of payment of the non-refundable Type Approval/Acceptance fee.
     
     
3. The Authority shall use the laboratory and manufacturer’s test reports and technical documentation to evaluate the equipment submitted for type approval. The Authority has no obligation to return these laboratory test results and technical documentation to the applicant.
4. If the equipment is found to comply with the mandatory standards and specifications in all respects, a Provisional Type Approval or Authority to Use shall be granted to the applicant as appropriate.
5. If the application is rejected, the Authority shall inform an applicant.

The Communications Authiority of Kenya (CA) regularly prescribes the minimum requirements for various comunications equipmment in line with the applicable international standards.

The following specifications are meant to guide equipment vendors on ensuring that such equipment sold and used in the Kenyan  market meets the technical  requirements set herein.

• Technical Conditions for Type Approval of Static Mobile Signal Repeaters 2022
• Minimum Specifications for Integrated Digital TV (IDTV) June 2015
• Minimum Technical Specifications for DVB-C2 Cable Television Receivers_Decoders
• Minimum Technical Specifications for DVB-S2 Satellite Television Receivers_Decoders
• Minimum Specifications for DVB-T2 Digital Set Top Boxes for the Kenyan Market
• Technical Specifications for IPTV Set Top Boxes - Jan 2018

Eligibility, Application procedures and general conditions for numbering resources

Eligibility criteria

• All licenced operators that require numbers for their operations, are eligible for assignment of numbers from the national numbering resource.
• Organizations intending to become licenced under the Act and whose granting of the licence has been agreed in principle and require numbers for planning, may seek reservations of numbering resource for a maximum period of three months.
• End users and service providers requiring numbers shall seek secondary assignment from those eligible. These secondary assignments should be done in line with the principles of transparency, non-discriminatory and equitable access, for those with rights to assignments of numbers from the Authority.
• All licenced mobile operators shall be eligible for administration of Short Numbers with leading digits 2 to 8 to own customers licenced to provide service to the mobile operators end users for text messaging. The administered short numbers shall also be liable for the audit process under 5.10 below.
• Short codes in the series beginning with 1 and 9 are designated for customer services and emergency services and are only assigned directly by the Authority.

Click here to view the: Conditions for Numbering Assignments

The Kenya Information and Communications Act, 1998, mandates the Communications Authority of Kenya (CA) to prepare and manage the National Numbering Plan and updates it periodically to meet the needs of future growth, provide the flexibility required to accommodate the capabilities and usage of different new telecom technologies and services, ensure the availability of numbers, and maintain consistency with the recommendations of the International Telecommunication Union (ITU).

The National Numbering Plan sets out the principles, rules and guidelines for the management of numbering resources for all types of telecom services in Kenya. The overarching principle is for the Authority to continuously meet the requirements of telecom services provision by the licensed service providers and the application of the transparency and equity principles in the assignment of numbers.

The National Numbering Plan outlines the regulatory and technical principles related to number structure, allocation rules, and other relevant numbering matters related to communication services, such as Public Switched Telephone Network (PSTN) and Public Mobile Networks. As numbers are a limited national resource, they must be used efficiently and managed in such a way as to ensure their availability to meet current and future demand.

Click here to view:Telecommunication Numbering Plan for Kenya April 2024