1.
Background
The Communications Commission of Kenya
(hereinafter referred to as the Commission) was established under the Kenya
Communications Act, 1998, No. 2 of 1998 and the Kenya Communications
(Amendment) Act 2009, to license and regulate telecommunications, radio communications,
postal and broadcasting services in Kenya. The Commission is also responsible
for promoting competition, protecting consumers, and ensuring fairness and
efficiency within the Communications sector.
Other core functions of the Commission include
maintenance and administration of the National Numbering Plan for Kenya which
includes the development of guidelines related to allocation and use of
numbering resources including Short Codes. The Commission has in the past been
assigning certain categories of short codes in blocks while giving the assignee
the responsibility of undertaking secondary assignment of these codes to other
service providers and end users.
In the recent times, however, there have
been concerns regarding the manner in which these secondary assignments are
undertaken as well their utilization. It is in this regard that the Commission
beliefs that there is need to further enhance the administration of short codes
in view of the increase in the number of players and the overall competitive
environment in the sector.
The issuance of these procedures and
guidelines are therefore aimed at achieving these objectives and are to be
observed accordingly.
2.
Application of the Procedures and
Guidelines
These procedures and guidelines are
issued pursuant to and shall form part of your license condition on “NUMBERING
AND NUMBER PORTABILITY”
3.
Effective Date of the Procedures and
Guidelines
The Procedures and Guidelines will
become effective from the issue date.
These Procedures and Guidelines may be
amended in accordance with Section 82 of the Kenya Information and
Communication Act 1998.
5.
Definitions and Abbreviations
5.1.
Definitions
In
these procedures and guidelines, unless otherwise stated the following definitions
apply.
5.1.1.
“Act” means the Kenya
Communications Act 1998 and any amendments thereof;
5.1.2.
“Activation” means the act of a
network operators and/or a service provider accepting a services request from a
user;
5.1.3.
“Applicant” is any individual or
organization that seeks to enters into a contract with an Operator for
acquiring services;
5.1.4.
“Commission”
means the Communications Commission of Kenya;
5.1.5.
“Common Short Codes” (CSCs) are
cross carrier short numbers used to address SMS and MMS messages from mobile
phones or fixed lines;
5.1.6.
“E164” is an ITU recommendation
which defines the international public telecommunication numbering plan;
5.1.7.
“MNP” means Mobile Number
Portability;
5.1.8.
“Network” means the
infrastructure deployed by an operator which provides services to their
subscribers;
5.1.9.
“Number Portability” means the
ability to retain an existing mobile subscriber number when transferring basic
mobile call and SMS/MMS services from one operator to another operator;
5.1.10.
“Retailer (dealer, agent)” means
an entity which enters into contractual arrangements with a mobile network
operator, in accordance with its licensing conditions, to provide retails
services to customers of the operator;
5.1.11.
“Post Pay Account” means an
account held by a Subscriber for a mobile service which is paid after services
are offered in accordance with contractual arrangement between the two parties;
5.1.12.
“Pre Pay Account” means an
account held by a Subscriber for mobile services which is paid in advance;
5.1.13.
“Subscriber Identity Module (SIM)”
is small electronic card inserted into cell phones, which provides a unique
identity to a phone such as the subscriber number and operator network;
5.1.14.
“Subscriber” mean the legal
holder whether an individual or organization of a service account and is not
necessarily the user of the service;
5.2.
Abbreviations
|
5.2.1.
|
ACK
|
Acknowledge the message
|
|
5.2.2.
|
CLI
|
Calling Line
Identity
|
|
5.2.3.
|
ID
|
Legal identification of
a subscriber such
as a
|
|
|
|
passport and
Kenya National Identity card
|
|
5.2.4.
|
MMS
|
Multimedia
Messaging Service
|
|
5.2.5.
|
MNP
|
Mobile Number
Portability
|
|
5.2.6.
|
SMSC
|
Short Message
Service Center
|
|
5.2.7.
|
SMPP
|
Short Message
Peer-to-Peer
|
|
5.2.8.
|
SIM
|
Subscriber
Identity Module
|
|
5.2.9.
|
SMS
|
Short Message
Service
|
|
5.2.10.
|
SLA
|
Service Level
Agreement
|
6.
Procedures and Guidelines
6.1.
Scope
These procedures and guidelines apply to
Network Facilities Providers, Applications Service Providers, Content Service
Providers and end users.
The procedures and guidelines provide
for a framework for the assignment and proper use of short codes while
protecting the consumer/end user against any undesirable practices such as
spam.
6.2.
Key Principles
6.2.1.
Short codes assigned for emergency
services such as Police, Fire Services, ambulances, help lines and those for
specific information services offered by government agencies shall be common to
all operators and the corresponding services are to be accessed free of charge
by end users.
6.2.2.
Short codes assigned to facilitate
provision of customer services such as support services, service activation,
etc. are to be used such that such services are accessed free of charge by end
users.
6.2.3.
For all other categories of short codes
the network operator in conjunction with the service provider shall determine
the applicable fees and charges and submit the same to the Commission for
approval.
6.2.4.
Any short text or SMS requesting for
information on a service or seeking to unsubscribe a service shall be free of
charge to the end user.
6.2.5.
These procedures and guidelines may be
reviewed when new services are introduced.
6.2.6.
These procedures and guidelines may not
apply where Court Orders are in effect with respect to specific numbers.
6.3.
Eligibility criteria
6.3.1.
All licensed Application Service
Providers and Content Service Providers are eligible to apply for allocation of
Short Codes from the Commission for own internal use as well as for provision
of its licensed services to consumers.
6.3.2.
Application Service Providers and
Content Service Providers may apply for a block of short codes for secondary
assignment to other licensed service providers who must have a valid license
compliance certificate for the duration of usage of the short code and subject
to provisions under 6.4 below.
6.4.
Allocation policy
6.4.1.
Authorization by the Commission for use
of short codes shall only be granted to Content Service Providers and
Application Service providers who hold valid license compliance certificates.
6.4.2.
Secondary
assignment of short codes by licensee must be done;
•
fairly,
•
transparently,
•
on
a non discriminatory basis,
•
in
accordance with the numbering plan; and
•
ONLY
for the provision of duly authorized services; and
•
The assignee has sought and obtained
prior clearance in writing from the Commission.
6.4.3.
In further compliance with 6.4.2 above,
the allocation procedures, requirements and other terms and condition including
charges, where applicable, must be clearly specified and be publically and
easily accessible to all applicants.
6.4.4.
Operators applying for resources on
behalf of other licensees must provide the Commission with the details of such
entities, including the name of the licensee, license number, and contact
person details including day time telephone, email, fax and mobile number.
6.5.
Application Procedure
6.5.1.
All applicants for the numbering
resources shall submit their applications using the form available on the
Commission Website at http://www.cck.go.ke/licensing/numbering/application.html and attach the
relevant documents.
6.5.2.
The
application should generally provide the following information:
6.5.2.1.
Name and
address of applicant,
the official contact
person on
numbering
resources, the physical and postal address, telephone and email address.
6.5.2.2.
Type
of license, indication of license number, the geographical
scope
of the license, the location of the network and the area where the service is
required;
6.5.2.3.
A valid
compliance status including
compliance with Type
Approval requirements;
6.5.2.4.
The
list of all services that are to be provided by use of the short
code (s) including the proposed
tariffs;
6.5.2.5.
Complaints resolution
mechanisms and plan
for protection of
minors and vulnerable
groups;
6.5.2.6.
New applicants to provide the network
and service rollout plan
including a comprehensive schematic and
network topology diagram; showing clearly end user distribution and planned
interconnectivity with network operators and service providers within and outside
the country. The Commission may inspect the network of the applicant for
familiarity with the network
configuration, ensure compliance to type
approval, interoperability and other conformity requirements including spectrum
usage
6.5.2.7.
The
preferred Short Code (s). The commission is not bound to
assign any preferred resource as
may be requested.
6.5.2.8.
Dates
by which the assignment is required;
6.5.2.9.
The
duration of the assignment;
6.5.2.10.
The
date by which the service is planned to be operational.
6.5.2.11.
Utilization
of any existing assignments in the area of application;
as follows:
•
Number
of Short Codes assigned/allocated
•
Number
of short codes in service.
6.5.2.12.
Evidence
of compliance with the requirements of other regulatory
and state agencies;
6.5.2.13. A short statement undertaking to strictly
comply with these guidelines and other terms and conditions that may be
prescribed.
6.5.2.14. Any other information the applicant
considers important to justify the application.
6.5.3.
Applicants for additional codes must
account for any short codes assigned earlier and show evidence of utilization
in order to be considered for any additional resource assignments.
6.6.
Assignment Conditions and
Responsibilities
6.6.1.
It will be the responsibility of the
Application Sertvice Providers and the Content Service Providers to ensure that
the short codes assigned are utilized in accordance with the numbering plan for
short codes, and for the intended purposes only.
6.6.2.
Network operators must ensure that the
allocated codes are dialed in the prescribed format including the prescribed
Unstructured Supplementary Service Data (USSD) protocol formats.
6.6.3.
Whereas the revenue sharing would in the
main remain as commercial arrangements between Network Operators and Content
Service providers, such arrangements shall be equitable, fair and justifiable
to all parties. The Commission shall use these guiding principles among others
in approving secondary issuance of short codes. Dispute arising between
licensees shall be resolved in line with the established dispute resolution
mechanism under the Act and Regulations.
6.6.4.
Network operators must ensure that
traffic is not delivered to numbers that do not exist in the Kenya
Telecommunications Numbering plans.
6.6.5.
The assigned numbering resources must be
put into use within a period of six months from the date of allocation. The
resources that are not activated after the expiry of the six month period shall
automatically be withdrawn and made available to other users.
6.6.6.
Numbers and Addresses assigned by the
Commission are not transferable to another entity or another service without
the authority of the Commission. The Commission shall conduct regular audits on
the utilization of the short codes to ensure that the resources are utilized
for the intended purpose and used in accordance with these procedures &
guidelines.
6.6.7.
All assignments, reservations,
reclamations and penalties shall be in accordance with the Act, Regulations,
the license conditions, numbering plan and relevant ITU recommendations &
standards. Any violations may result in the cancellation of the assignment
6.6.8.
Network operators and Service Providers
shall:
provision of these guidelines.
6.6.8.2.
Shall
submit to the Commission regular returns on the utilization of
the
Short Codes as part of compliance returns in a format prescribed by the
Commission.
6.6.9.
Network operators and Service Providers
shall ensure the highest level of service is given to consumer and that the
consumers:
6.6.9.1.
Have sufficient
information to enable
them make informed
decisions about using Short
Codes.
6.6.9.2.
Have
a convenient and efficient means of resolving complaints
arising
in respect of the service contract by using a complaints handling mechanism.
6.6.9.3.
Are sufficiently
informed of the
nature, prices, terms
and
conditions
of access of the services using the Short Code at the time of sale, in
advertising and while using the service.
6.6.9.4.
Can distinguish
content considered suitable
only for adults
or
which should not be made
available to children.
6.6.9.5.
Can
readily and easily unsubscribe for each
service separately,
without undue delay. Where refund is
considered the licensee shall make the refund via the same medium or mode
through which the amount was received.
6.6.10.
Text messages sent and received by
consumers must be stored by a service provider for a period of not less than
six (6) months.
6.6.11.
All subscription terms and billing
interval must be clearly specified and there shall be no instances of „hidden‟
charges and any associated charges for services rendered shall be disclosed.
6.6.12.
The terms and condition of service must
outline the refund arrangements where the competition mechanism or voting
conditions changes prior to entry.
6.6.13.
The Network Operator and Content Service
Providers shall submit Service Level Agreement or any other agreement to the
Commission.
6.6.14.
Where the types of services contemplated
by the service providers require authorization from other government agencies;
such authorization shall first be obtained before any short code allocation is
done.
6.6.15.
The network provider and content Service
Providers shall maintain a customer support centre where complaints would be
addressed within a reasonable time frame. In a situation where a complaint is
not considered, reasons for such decision must be conveyed to the complainant
within a reasonable period of time.
6.6.16.
The system must not be used to
disseminate offensive, obscene or seditious information.
6.6.17.
All terms and conditions including
pricing information must be clearly spelt out and conspicuously displayed in
line with Kenya Communications Regulations.
6.6.18.
The Network operator shall build
safeguard measures to the satisfaction of the Commission to ensure no sexually
suggestive, obscenities or explicit material is transmitted in the course of
the service.
6.6.19.
Content Service Providers shall
implement appropriate mechanisms to ensure and make available by appropriate
means at least two methods for contacting the service provider directly.
6.7.
Advertising and Promotions
6.7.1.
No content service shall be promoted as
being “free” if it is obtainable by the use of premium rate service involving a
charge to the customer.
6.7.2.
All advertising and promotional
materials must clearly include the name and contact details of network
operators and content Service Providers.
6.7.3.
All advertisements and promotions must
clearly indicate whether a service is a subscription or not; terms and
condition of programme clearly stated and service pricing information clearly
and conspicuously indicated.
6.7.4.
All advertising promotional materials,
and service help message shall clearly display the consumers right to “opt in”
or “opt out” of any promotion, programme or service, whether subscription based
or otherwise.
6.7.5.
All advertisement must therefore include
the name (s), telephone numbers and contact person‟s details of the relevant
content provider.
Issued by the
Communications Commission of Kenya
______________________________ _____________________
Director
General Date Communications Commission of Kenya
SHORT CODES FOR
EMERGENCY AND CUSTOMER SERVICES
|
SHORT
|
APPLICATION OR
|
|
ALLOCATION
STATUS
|
|
|
CODE
|
SERVICE
|
|
|
|
|
|
|
|
|
|
|
100
|
Customer
|
care
|
and
|
All operators
|
|
|
information services
|
|
|
|
|
|
|
|
|
|
|
1011-1019
|
Directory
|
information
|
Not Activated
|
|
|
|
service
|
|
|
|
|
|
|
|
|
|
|
102 to 107
|
Spare
|
|
|
|
|
|
|
|
|
|
|
108
|
National
|
Steering
|
All operators
|
|
|
|
committee
|
response
|
centre
|
|
|
|
on peace
|
building
|
and
|
|
|
|
conflict management
|
|
|
|
|
|
|
|
|
|
|
109
|
National
|
Emergency
|
All operators
|
|
|
|
response centre
|
|
|
|
|
|
|
|
||
|
110
|
Emergency
Rescue Services
|
All operators
|
||
|
|
in Lake Victoria
|
|
|
|
|
|
|
|
||
|
112 & 999
|
Police,
Emergency and SoS
|
All operators
|
||
|
|
|
|
|
|
|
114
|
Fire services
|
|
Under
negotiation
|
|
|
|
|
|
|
|
|
116
|
Childline help
|
|
All operators
|
|
|
|
|
|
|
|
|
1190
|
HIV/AIDS
services
|
|
All operators
|
|
|
|
|
|
|
|
|
1191
|
helpline
|
|
|
|
|
|
|
|
|
|
|
1192
|
Alcohol and
drug
|
abuse
|
All operators
|
|
|
|
helpline
|
|
|
|
|
|
|
|
|
|
|
1190 to 1198
|
Ambulance
|
services
|
and
|
|
|
|
other helplines
|
|
|
|
|
|
|
|
|
|
|
1199
|
Kenya
|
Red
|
cross
|
All operators
|
|
|
emergency
response
|
|
|
|
|
|
|
|
|
|
|
1501
|
Porting service access
|
|
All operators
|
|
|
|
|
|
|
|
|
SHORT
|
APPLICATION
|
OR
|
ASSIGNEE
|
|
CODE
|
SERVICE
|
|
|
|
|
|
|
|
|
120
|
Spare
|
|
|
|
|
|
|
|
|
121
|
Voicemail
deposit
|
|
All operators
|
|
|
|
|
|
|
123
|
Voicemail
retrieval
|
|
All operators
|
|
|
|
|
|
|
124
|
Spare
|
|
|
|
|
|
|
|
|
125
|
Spare
|
|
|
|
|
|
|
|
|
130
|
Recharge
|
|
All operators
|
|
|
|
|
|
|
131
|
Check Balance
|
|
All operators
|
|
|
|
|
|
5-DIGIT COMMON SHORT CODES FOR SMS BASED
PREMIUM RATE SERVICES (APPLICABLE TO ASPs AND CSPs)
|
SHORT CODE
|
APPLICATION OR
SERVICE
|
|
|
|
|
140xx
|
SMS based VAS
Information Services
|
|
|
Educational promotions
|
|
|
Quizzes
|
|
|
Subscription to information
|
|
|
|
|
141xx
|
Voting;
|
|
|
Gaming;
|
|
|
Lottery;
|
|
|
Price draws;
|
|
|
Phone to Win;
|
|
|
|
|
142xx
|
Downloads
|
|
|
Auctions
|
|
|
|
|
143xx
|
SMS alerts
|
|
|
SMS billing
|
|
|
promotions;
|
|
|
|
|
144xx to 148xx
|
Spare
|
|
|
|
|
149xx
|
Access to
restricted
|
|
|
|
|
16xxx
|
Extension of
SMS VAS services
|
|
|
|
|
19xxx
|
Extension of
SMS VAS services
|
|
|
|
|
9xxxx
|
Spare
|
|
(Except 999)
|
|
|
|
|
|
SHORT CODE
|
APPLICATION OR
SERVICE
|
|
|
|
|
2xxxx
|
SMS based VAS
Information Services
|
|
|
Educational promotions
|
|
|
Quizzes
|
|
|
Subscription to information
|
|
|
|
|
3xxxx
|
Voting;
|
|
|
Gaming;
|
|
|
Lottery;
|
|
|
Price draws;
|
|
|
Phone to Win;
|
|
|
|
|
4xxxx
|
Downloads
|
|
|
Auctions
|
|
|
|
|
5xxxx
|
SMS alerts
|
|
|
SMS billing
|
|
|
promotions;
|
|
|
|
|
6xxxx
|
Access to
restricted
|
|
|
|
|
7xxxx
|
Spare
|
|
|
|
|
8xxxx
|
Spare
|
|
|
|
|
|
PREMIUM RATE
NUMBERS.
|
(Numbers Assigned for Voice Based
Premium Rate Services)
|
NDC
|
SERIES
|
TOTAL
|
SERVICES
|
|
|
|
DIGITS
|
|
|
|
|
|
|
|
0 900
|
0xx xxx
|
9
|
Information
Services;
|
|
|
|
|
Educational promotions;
|
|
|
|
|
Quizzes;
|
|
|
|
|
Subscription
to information
|
|
|
|
|
|
|
0 900
|
1xx xxx
|
9
|
Voting;
|
|
|
|
|
Gaming;
|
|
|
|
|
Lottery;
|
|
|
|
|
Price draws;
|
|
|
|
|
Phone to Win;
promotions;
|
|
|
|
|
|
|
0 900
|
2xx xxx
|
9
|
Assigned
|
|
|
|
|
Phone in for voting;
|
|
|
|
|
Comments
|
|
|
|
|
|
|
SERIES
|
TOTAL
|
SERVICES
|
|
|
|
|
DIGITS
|
|
|
|
|
|
|
|
0 900
|
3xx xxx
|
9
|
Downloads
|
|
|
|
|
Auctions
|
|
|
|
|
|
|
0 900
|
4xx xxx
|
9
|
Charity;
|
|
|
|
|
Donations; support, Harambee
etc
|
|
|
|
|
|
|
0 900
|
5xx xxx
|
9
|
Spare
|
|
|
|
|
|
|
0 900
|
6xx xxx
|
9
|
Spare
|
|
|
|
|
|
|
0 900
|
7xx xxx
|
9
|
Spare
|
|
|
|
|
|
|
0 900
|
8xx xxx
|
9
|
Spare
|
|
|
|
|
|
|
0900
|
9xx xxx
|
9
|
Restricted
access to content
|
|
|
|
|
|
|
911
|
|
9
|
|
|
|
|
|
|
ANNEX 2: APPLICATION FORMS FOR
SHORT CODES
NRA2
Numbering resource application
form for short codes
March
2011
1.
DETAILS OF APPLICANT
1.1.
Names
:....................................................................................
1.2.
Postal
Address:............................................................................................
1.3.
Postal
Code..................................................................................................
1.4.
City/Town.......……………………………………………………………
…
2.
LICENSEE DETAILS
2.1.
Name of Licensee…………………………………………………………
2.2.
Physical Address
2.3.
2.3.1.
Building:…............................................................................................
2.3.2.
Street name……………………..………………………..……………
2.3.3.
Floor.:……………………....................................................................
2.3.4.
Room:....................................................................................................
2.4.
Telephone
& Email Contacts
2.4.1.
Names
of Contact person (s) on Numbering:
……………………………………………………………………
2.4.2.
Fixed
line: ................................
2.4.3.
Mobile:
........................................
2.4.4.
Fax
Line: ................................
2.4.5.
E-mail:
........................................
2.5.
License
under which application is made and Licence Number
2.5.1.
Type
of License (e.g NFP, ASP, LLO, CSP etc) .................................
2.5.2.
TL/....................................................
2.6.
Geographical
Scope of the License (e.g. National, regional, Nairobi etc)
……………………………………………………………………………….
3.
SERVICE AND MARKET DETAILS
3.1.
Purpose of the Short Code applied
………...................................................................................................................
.
................................................................................................................................
3.2. Type of services to be offered on the Short
Code
……………………………………………………………………………………
……………………………………………………………………………………
3.3.
Target customers (e.g. all mobile, specific operators etc)
……………………………………………………………………………………
…………………………………………………………………………
3.4.
Duration
of usage of the Short Code:…………………………………
3.5.
Expected
activation date of the Short Code:…………….……………
3.6.
List
ALL your existing Short Code Assignments
……………………………………………………………………………………
………………………………………………………………………………….
4. ATTACHMENTS
Please attach the following documents with this
application form where applicable:
4.1.
Proposed tariff guide for the various
services to be delivered on the Short Code (s).
4.2.
Authorization letters or Applicable
licenses from other government offices or agencies where applicable (e.g. CBK,
BCLB etc)
4.3.
List of equipment to be used for
interconnection and for end user. (Note that some of the interface and end user
equipment MUST be type approved before numbering resources are assigned to
you).
4.4.
For new applications within the service
category, a comprehensive network diagram indicating points of interconnection
with Network Facility Provider equipment and other licensees as applicable to
your service. (The Commission may choose to inspect the network facility to
appreciate the facility)
4.5.
Framework for protection of minors,
complaints resolution handling and client exit from the service.
5.
DECLARATION
I
hereby certify the information I have provided in this application is true and
correct to the best of Knowledge. I also understand that it is an offence under
the penal code to give false information in support of any application.
Name…………………………………………………………………………
Signature…………………………………………………………………………
Date……………………………………………………………………………
Completed
application forms should be returned to: -
Director/
Licensing, Compliance and Standards
Communications
Commission of Kenya
CCK Centre,
Waiyaki Way
P. O. Box 14448
NAIROBI 00800
Tel: 254-20-
4242000
Fax: 254-20-
4348135
FOR OFFICIAL USE
ONLY
The
applicant MEETS/ DOES NOT MEET the Commission‟s requirements and is hereby
RECOMMENDED/NOT RECOMMENDED to be issued with the following Short Codes (s):
……………………………………………………………………………………
……………………………………………………………………………………
The
reasons for not recommending the applicant for the numbering resource (s) are
as follows:-
……………………………………………………………………………………
……………………………………………………………………………………
Name……………………………………………………………………………
Designation………………………………. Signature …………………………
Application
Form No.……………………… Date………………………………
Official stamp
