State warns landlords against restricting access for telcos
The Communications Authority said it had received reports that some premises were either denying or limiting access to certain licensed telecommunication providers, while others were allowing only specific companies to operate.
Landlords, property owners, and managers have been warned against restricting access to communication service providers in their buildings, following a directive from the Communications Authority of Kenya (CA) aimed at protecting consumer rights and ensuring fair competition in the ICT sector.
In a notice issued by Director General David Mugonyi, the Authority said it had received reports that some premises were either denying or limiting access to certain licensed telecommunication providers, while others were allowing only specific companies to operate. CA has condemned such actions, saying they infringe on consumer rights and violate the law.
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“It is important to note that consumers and users of communication services have a right to choose their service provider from among the licensed entities,” the notice read on Tuesday.
The directive draws from the Constitution, particularly Chapter Four on the Bill of Rights, which guarantees the right to access information and communication freely.
It also refers to sections of the Kenya Information and Communications Act, 1998, which prohibit denial of service and promote equal access to communication services.
Section 84U of the Act clearly states that no licensee shall deny access or service to a customer, except for reasons such as non-payment or other valid causes.
In addition, Section 84V requires service providers to offer equal access to services in any given area without discrimination, and to maintain similar tariffs unless differences are dictated by technology.
To address the growing concern, the Authority has issued several directives. All property owners and managers must allow fair access to all licensed service providers and avoid practices that lock in or favour certain providers over others.
This is to give residents and users the freedom to select their preferred service provider based on their needs.
The Authority also directed that only licensed and compliant communication service providers should be engaged. A register of authorised providers is available on the CA’s website through the link www.ca.go.ke/licensee-register.
Additionally, all communication installations within premises must be supported by a valid compliance certificate issued by CA. This certificate should be clearly displayed at the premises to show that the services provided are lawful and regulated.
CA further directed landlords and property managers to ensure that communication systems within their premises are secure and protected from damage, tampering, or vandalism.
“ICT services are critical in powering the socio-economic development of our country,” the Authority said, urging the public to avoid engaging with unlicensed or non-compliant providers to ensure better quality services and protect their interests.
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