RESTRICTEDWORLD TRADE
ORGANIZATIONS/C/W/107
12 May 1999
(99-1989)
Council for Trade in Services
SCHEDULE OF COMMITMENTS IN BASIC TELECOMMUNICATIONS
Certification
KENYA
The attached Schedule of Commitments in Basic Telecommunications has been
communicated to the WTO by the Government of Kenya with a request to initiate the appropriate
procedures for it to constitute an integral part of Kenya’s Schedule of Specific Commitments under
the General Agreement on Trade in Services (GATS/SC/47).
Accordingly, if no objections are communicated to the Secretariat within 90 days from the
date of this communication the attached Schedule of Commitments in Basic Telecommunications will
be deemed to constitute an integral part of the Schedule of Specific Commitments of Kenya under the
GATS.
This draft Schedule will be submitted to the Council for Trade in Services for its
consideration at its next meeting.S/C/W/107
Page 2
WORLD TRADE
ORGANIZATION
(99-0000)
Council for Trade in Services Original:  English
KENYA
Schedule of Specific Commitments
Supplement 1
(This is authentic in English only)
_______________S/C/W/107
Page 3KENYA –- SCHEDULE OF SPECIFIC COMMITMENTS IN BASIC TELECOMMUNICATIONS
Modes of supply:        (1)    Cross-border supply     (2)    Consumption abroad       (3)    Commercial presence      (4)    P resence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments
2C Telecommunications services
(excludes video and audio broadcast
services)
For public use:
a) Voice telephone service (7521) (1) None, except International call-back services
are not permitted.(1) NoneKenya undertakes the obligation
contained in the reference paperhereto.
b) Telex services (7523 **) (2) None, except International call-back services
are not permitted.(2) None
(c) Telegraph services (7522)
(d) Facsimile service (7521**,
7529**)
(e) Private leased circuit services
(7522**, 7523**)(3) Until 2003, monopoly on supply of services in
Nairobi as well as on supply of Internationalgateway facilities services, and resale inmonopoly areas only with permission of
supplier of underlying services and facilities.
Foreign investment is limited to 30 per centmaximum.
(4) Unbound, except as indicated in the horizontal
section.(3) None
(4) Unbound, except as indicated in the
horizontal section.
For public use: (1) None (1) None
(b) Packet - Switched data
transmission services (7523**)
(c) Circuit - Switched data
transmission services (7523**)(2) None
(3) None, except Foreign investment is limited to
30 per cent maximum.(2) None
(3) None
(4) Unbounded, except as indicated in the
horizontal section.4) Unbounded, except as indicated in the
horizontal section.
For non - public use:
Services supplied to closed usersgroup. (1) None, except through the network of Telkom
Kenya Ltd. Or monopoly.  International call-
back services are not permitted.(1) None
(a) Voice telephone services 
(7521)(2) None, except through the network of licenced
telecom operator.  International call backservices are not permitted.(2) NoneS/C/W/107
Page 4Modes of supply:        (1)    Cross-border supply     (2)    Consumption abroad       (3)    Commercial presence      (4)    P resence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments
(b) Packet - switched data 
transmission services 
(7523**)(3) Only over facilities of licenced operators
breakout and Resale of excess capacity are not
permitted.  Foreign investment limited to a
maximum of 30 per cent.(3) None
(c) Circuit - switched data
transmission services (7523**)(4) Unbounded, except as indicated in the
horizontal section.(4) Unbounded, except as indicated in the
horizontal section.
(d) Telex services (7523 **)
(e) Telegraph services (7522)(f) Facsimile services (7521**,
7529**)
Value added services:
(h) Electronic mail (7523**) (1) None (1) None
(i) Voice mail (7523**) (2) None (2) None
(j) On-line information and data
base Retrieval (7523**)
(k) Electronic data intercharge
(7523**)(3) Only over facilities of licenced network
operators.  Foreign investment limited tomaximum 30 per cent.
(4) Unbound, except as indicated in the horizontal
section.(3) None
(4) Unbound, except as indicated in the
horizontal section.
(l) Enhanced/value-added
facsimile services, incl. Store
and forward, store and retrieve
(7523**)
(m) Code and protocol conversion
(n) On-line information and/or data
processing (includingtransaction processing) (843**)
Other:
- Internet and internet access
services(1) None
(2) None(1) None
(2) None
(3) Only over facilities of licenced network
operators.  Foreign investment limited to
maximum 30 per cent.(3) NoneS/C/W/107
Page 5Modes of supply:        (1)    Cross-border supply     (2)    Consumption abroad       (3)    Commercial presence      (4)    P resence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments
(4) Unbound, except as indicated in the horizontal
section.(4) Unbound, except as indicated in the
horizontal section.
Satellite based
- Mobile Services (1) None, except as provided for under GMPCS
MOU.(1) None
- Cellular/mobile telephone
- Mobile data services(2) None, except as provided for under GMPCS
MOU.(2) None
- Personal communications
services(3) None, except foreign investment is limited to
30 per cent maximum(3) None
-P a g i n g(4) Unbound except as indicated in the horizontal
section.(4) Unbound, except as indicated in the
horizontal section.
Terrestrial based
- Mobile Services
- Cellular/mobile telephone
services(1) Only through the network of Telkom Kenya
Ltd. and subsequent licenced Internationalgateway operator. International call-back
services are not permitted.(1) None
- Mobile data services
- Personal communications
services(2) Only through the network of Telkom Kenya
Ltd. and subsequent licenced International
gateway operator. International call-back
services are not permitted.(2) None
- Paging (3) Other than paging services and PCS, initially
the services will be provided by Telkom Kenya
Ltd.  A second operator is to be licenced withinone year.(3) None
(4) Unbound except as indicated in the horizontal
section.(4) Unbound except as indicated in the
horizontal section.S/C/W/107
Page 6Modes of supply:        (1)    Cross-border supply     (2)    Consumption abroad       (3)    Commercial presence      (4)    P resence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments
- Fixed Satellite Services (for
public use)(1) Only through the network of Telkom Kenya
and subsequent licenced international gateway
operator.(1) None
(2) Only through the network of Telkom Kenya
and subsequent licenced international gatewayoperator.(2) None
(3) Foreign investment is limited to maximum
30 per cent.(3) None
(4) Unbound, except as indicated in the horizontal
section.(4) Unbound, except as indicated in the
horizontal section.S/C/W/107
Page 7
ADDITIONAL COMMITMENTS OF KENYA ON REGULATORY PRINCIPLES
REFERENCE PAPER
Scope
The following are definitions and principles on the regulatory framework for the basic
telecommunications services.
Definition
Users mean service consumers and service suppliers.
Essential facilities mean facilities of a public telecommunications transport network or service
that:-
(a) are exclusively or predominantly provided by a single or limited number of suppliers;(b) cannot feasibly be economically or technically substituted in order to provide a service.A major supplier  is a supplier which has the ability to materially affect the terms of participation
(having regard to price and supply) in the relevant market for basic telecommunications services as a
result of:-
(a) control over essential facilities; or(b) user of its position in the market.
1. Competitive Safeguards
1.1 Prevention of anti-competitive practices in telecommunications
Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone or
together, are a major supplier from engaging in or continuing anti-competitive practices.
1.2 Safeguards
The anti-competitive practices referred to above shall include in particular:-
(a) engaging in anti-competitive cross-subsidization;
(b) using information obtained from competitors with anti-competitive results; and(c) not making available to other services suppliers on a timely basis technical information
about essential facilities and commercially relevant information which are necessary for
them to provide services.
2. Interconnection
2.1 This section applies to linking with suppliers providing public telecommunications transport
networks or services in order to allow the users of one supplier to communicate with users of another
supplier and to access services provided by another supplier, where specific commitments are undertaken.S/C/W/107
Page 8
2.2 Interconnection to be ensured
Interconnection with a major supplier will be ensured at any technically feasible point in the
network.  Such interconnection is provided.
(a) under non-discriminatory terms, conditions (including technical standards and
specifications) and rates and of a quality no less favourable that provided for its own like
services or for like services of non-affiliated service suppliers or for its subsidiaries or
other affiliates;
(b) in a timely fashion, on terms, conditions (including technical standards and
specifications) and cost-oriented rates that are transparent, reasonable, having regard to
economic feasibility, and sufficiently unbundled  so that the supplier need not pay for
network components or facilities that it does not require for the service to be provided;
and
(c) upon request, at points in addition to the network termination points offered to the
majority of users, subject to charges that reflect the cost of construction of necessaryadditional facilities.
2.3 Public availability of the procedures for interconnection negotiations
The procedures applicable for interconnection to a major supplier will be made publicly
available.
2.4 Transparency of interconnection arrangements
It is ensured that a major supplier will make publicly available either its interconnection
agreements or a reference interconnection offer.
2.5 Interconnection: dispute settlement
A service supplier requesting interconnection with a major supplier will have resource, either:-(a) at any time or(b) after a reasonable period of time which has been made publicly known to an independent
domestic body, which may be a regulatory body as refereed to in paragraph 5 below, to
resolve disputes regarding appropriate terms, conditions and rates for interconnection
within a reasonable period of time, to the extent that these have not been establishedpreviously.
3. UNIVERSAL SERVICE
Any Member has the right to define the kind of universal service obligation it wishes to maintain.
Such obligations will not be regarded as anti-competitive per se, provided they are administered in a
transparent, non-discriminatory and competitively neutral manner and are not more burdensome than
necessary for the kind of universal service defined by the Member.S/C/W/107
Page 9
4. PUBLIC AVAILABILITY OF LICENSING CRITERIA
Where a licence is required, the following will be made publicly available:-
(a) all the licensing criteria and the period of time normally required to reach a decision
concerning an application for a licence and
(b) the terms and conditions of individual licences.The reasons for the denial of a licence will be made known to the applicant upon request.
5. INDEPENDENT REGULATORS
The regulatory body is separate from, and not accountable to any suppliers of basic
telecommunications services.  The decisions of and the procedures used by the regulators shall be
impartial with respect to all market participants.
6. ALLOCATION AND USE OF SCARCE RESOURCES
Any procedures for the allocation and use of scarce resources, including frequencies, numbers
and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory manner.
The current state of allocated frequency bands will be made publicly available but detailed identification
of frequencies allocated for specific government users is not required.
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