CA- ICT Week Presentation 2015

1. CONSUMER ISSUES IN ICT
REGULATION
Presented at the CA, ICT Week
11th - 15th May, 2015
Sarova Panafric Hotel, Nairobi, Kenya
Presenter: Juma Ooro
Consumer & Public Affairs Department
Communications Authority of Kenya

2. Table of Contents
• Introduction
• Regulatory framework
• Regulatory requirements
• Customer Expectations/Satisfaction
• Consumer rights & behavior
• Customer Responsibilities
• Consumer Education
• Consumer Protection
• Complaints Handling
• Common complaints
• Challenges
• Emerging Issues
• Conclusions & Recommendations

3. Introduction
• The Authority has licensed several service
providers in various categories – Telecom,
postal/courier, broadcasters hence
enhancing competition in ICT sector.
• With the increase in the number of operators
and service providers, several consumer
concerns have also arisen.
• Concerns range from availability of service,
variety, the price, quality, to safety of the
products/services.

4. Regulatory Framework
• Constitution of Kenya, 2010. Articles 46 and 232.
• Consumer Protection Act, 2012, arising from Article
46 of Constitution
• Kenya Information and Communications Act, 1998
• Kenya Information and Communications
(Amendment Act), 2013
• Kenya Information and Communications
(Consumer Protection) Regulations, 2010 – under
revision
• Kenya Information and Communications (Dispute
Resolution) Regulations, 2010
• License conditions

5. …Regulatory requirements
Licensee Operation Related Requirements
• Develop and Implement a Customer care system.
• Provision of services and sale if ICT terminal
equipment.
• Develop and publicize complaint handling
procedures of
• Provide information to customers
• Develop and Submit to the Commission Code of
commercial practice
• Keep customer information confidential

6. …Regulatory requirements
• Facilitate and assist persons with disabilities to make
complaints
• Develop and implement child protection
mechanisms in all services
• Develop and implement Outage credit system
• Provide Operator assistance Services
• Desist from sending unsolicited communications
(Opt In principle applies)
• Avail calling line identification features to
consumers
• Provide free access to emergency safety and
assistance
• Install billing system that permits issuance of bills

7. …Regulatory requirements
• Submit standard subscriber service agreements for
approval
The Authority should:
• Issue guidelines for the implementation of
Consumer Protection regulations
• Monitor sector performance
• Issue penalties on offences in contravention of
regulations

8. Customer Expectations/ Satisfaction
• Service that meets set quality standards
– Availability
– Reliability
– Accessibility
– Affordability
• Regulators set the minimum standards for
operators/service providers
• After sales service including complaints
handling

9. Customer Satisfaction
• The Authority conducts a Customer
Satisfaction Survey annually
• Overall Customer satisfaction index with
Postal & Courier Services 73.2%% in 2013.
• Some parameters measured were
– Reliability
– Range of services
– Availability of information relating to
services offered
– Effectiveness of complaints handling
procedure

10. Customer Satisfaction…
• Ease of getting through to customer care
help line
• Provisions made to serve persons with
disability
• Geographical reach (network) of services

11. Meeting Customer Expectations
Recommendations for Operators/Service providers
• Develop and implement
– Customer Care Systems
– Quality management Systems
– Complaints management systems
(manual/electronic)
– Commercial code of practices
– Billing systems (tariff ratings)
– Compensation Policy

12. …Meeting Customer Expectations
– Provision of information to consumers (website,
pamphlets)
•Name of service provider
•Description of the service
•Customer service number
•Terms and conditions/service level
agreements
•Tariffs
• Fulfillment of requirements under Act, Regulations
(Consumer protection and Postal Courier) and
License Conditions

13. Consumer Rights…
• The UN Guidelines for consumer protection stipulate
that consumers have following rights:
– The right to Safety
– The right to be informed
– The right to choose
– The right to be heard
– The right to satisfaction
– The right to education
– The right to redress
– The right to a healthy environment
These are also amplified in constitution

14. Consumer Behavior
Authority regularly carries out a consumer trends and
behavior survey:
Some behaviours noted:
•Consumers do not seek for adequate information to
determine best product in the market
•Consumers do not channel their complaints to
appropriate authorities (complain to their friends)
•Consumers do not complain
•Consumers are increasingly concerned about quality
of service
•Consumers are more “tech savvy”

15. Customer Responsibilities
• use communications systems and services in the
appropriate manner, without abusing them and
abide by any safety or security requirements ;
• familiarize with and honour their obligations under
any contract entered into with a product supplier or
service provider;
• make reasonable decisions in exercising their right
of choice
• comply with any law or regulation that governs the
conduct of customers and subscribers
• Obligation to pay for the services offered to them.

16. Consumer Education
The Authority is mandated to protect consumers of ICT
services (includes Postal/Courier) in Kenya with regard
to the prices charged and their quality and variety.
Consumer Education
Meant to enable gaining of knowledge and skills for:
• Consumers make better choices
• Consumers know their rights and responsibilities
• Consumers seek redress
• Advertising & Publicity in media
• Developed Consumer Education fact sheets,
brochures, flyers
• Glossary of Terms

17. Consumer Education
Education/campaign initiatives
Digital Migration Awareness Campaign
•Chukua Hatua campaign – ‘Pata Huduma ya
Mawasiliano Unayostahili’ (targeting Mobile and
Internet users) – 2009/2010
•Anti-counterfeit Phone
•SIM Card Registration
•Mobile Number Portability
•Kaa Macho (Targeting Postal and Courier
Consumers) – 2010/2011
•County Education Forum (2014/2015) – targeting
digital migration and others

18. Consumer Education
Workshops meant for awareness
•Addressing environmental concerns in ICT
infrastructure development, 2009
•E-waste and environment: The role of ICTs
stakeholders in protecting the environment, 2010
•Protecting children in cyberspace: whose
responsibility is it? 2011
•E-accessibility workshop for persons with
disabilities, 2012
•Women, Girls and ICT, 2013

19. Consumer Protection
Some key drivers in Consumer Protection
 Product availability/ Variety
 Accessibility
 Prices/ Value for money
 Product Safety
 Reliability
 Timely Delivery
 Confidentiality of personal/customer info
 Too much info in the market

20. Complaints Handling
• Facilitate resolution of consumer Complaints
• If service provider has not been able to resolve or
complainant is dissatisfied with resolution
• Authority has Consumer Complaints Procedures
and automated system to handle complaints
• Service providers are required to have a complaints
mechanism and make known to their customers.
• Complaint mechanism should include escalation to
the Authority

21. Common Complaints
• Unsolicited communications (Calls/SMS/E-mails)
• Interruption of service
• Billing
• Service failures/delay
• Financial fraud
• Network signal
• Criminal use of communications equipment:
threats, nuisance, prank etc
• Cybercrime
• Broadcast content
• Environmental & safety issues
• Frequency interference

22. Common Complaints
• Postal/Courier
• Damage,
• tampering,
• pilfering,
• loss,
• delay of postal articles,
• high and unclear operator tariffs,
• Lack of display of tariffs

23. Conclusion
• Educate/sensitize their customers
• Service providers should recognize complaints as an
assessment on their service delivery
• Treat complaints as feedback for improvement
• Expeditiously dispense with complaints before the
same is escalated to Regulator

24. Recommendations
• Operators should
– Increase interconnectivity and infrastructure
sharing
– Provide easily accessible information to
consumers on their services (website, consumer
information pamphlets e.t.c)
•terms of service
•tariffs, service area/region/reach
•Extent of partnership with other service
providers
– Develop a complaints management system
(Manual and/or Electronic) e.g. CRM

25. Customers are the reason
organizations exist
Thank You!
chukuahatua@ca.go.ke
www.ca.go.ke
Facebook: Communicationsauthorityofkenya
Twitter: Ca_kenya