COMMUNICATIONS COMMISSION OF KENYA PUBLIC CONSULTATION PAPER ON LICENSING AND REGULATORY FRAMEWORK FOR DOT KE DOMAIN NAME REGISTRY SERVICES

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Joshua Shelton
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1 COMMUNICATIONS COMMISSION OF KENYA PUBLIC CONSULTATION PAPER ON LICENSING AND REGULATORY FRAMEWORK FOR DOT KE DOMAIN NAME REGISTRY SERVICES Consultation Paper No 1. Introduction The dot KE Domain Name, also known as the Kenya country code Top Level Domain (cctld), refers to the two-letter code (.ke) that uniquely identifies Kenya on the Internet, just like.tz for Tanzania,.uk for United Kingdom, etc. A dot KE Domain Name allows Internet users to access internet services including websites and s. The dot KE Domain Name is a national resource, just like spectrum and telecommunication numbering resources, and therefore requires regulatory oversight that rests with the Communications Commission of Kenya (CCK). The mandate of CCK in respect of dot KE Domain Name Registry services is provided for under Section 83C and 83F of the Kenya Information and Communications Act CAP 411A of 1998 (KICA). Section 83F of the Kenya Information and Communications Act CAP411A of 1998 and the Kenya Information and Communications (Electronic Certification and Domain Name Administration) Regulations, 2010, particularly makes it a requirement for any person administering a sub-domain in the Kenyan cctld to obtain a license from the Communications Commission of Kenya. 1

tz for Tanzania,.uk for United Kingdom, etc. A dot KE Domain Name allows Internet users to access internet services including websites and emails.

2 2. Purpose of the paper The purpose of this consultation paper therefore is to provide the general public and stakeholders an opportunity to submit comments on the proposed licensing framework in order to further improve the framework as well as foster a common understanding on the implementation of the framework. 3. Administration of the Dot KE Domain Name in Kenya Currently, the Dot KE Domain Name Registry services are administered by the Kenya Network Information Center (KENIC), a Public Private Partnership (PPP) not-for-profit organization which draws its membership from the Government, Internet Service Providers (ISPs), domain name registrars, Academia and the private sector. The Government is represented by the Ministry of Information, Communication and Technology (MICT) and the Communications Commission of Kenya (CCK). CCK has been the sponsoring organization to the Internet Corporation for Assigned Names and Numbers (ICANN) for the Dot KE Domain Name Registry and therefore has been the custodian of the Dot KE Domain Name Registry on behalf of the Government of Kenya. Given the requirements of the Act and Regulations, the proposal is to change the current arrangement of administration of the Dot KE Domain Name Registry services by KENIC into a delegated regulatory structure similar to the Mobile Number Portability (MNP) model. The Commission is therefore in the process of implementing the requirement of the KICA, 1998 by developing a licensing framework for the dot KE Domain Name in order to facilitate the administration of cctld and sub-domains in Kenya. 2

Administration of the Dot KE Domain Name in Kenya Currently, the Dot KE Domain Name Registry services are administered by the Kenya Network Information Center (KENIC), a Public Private Partnership

3 The licensing framework for Dot KE Domain Name Registry and the proposed structure of a delegated regulation model will ensure that the Commission plays a regulatory oversight role as envisaged in the Act and Regulations while at the same time retaining the management of the Dot KE Domain Name Registry under a multi-stakeholder governance model. 4. Market Structure and Requirements for the Dot KE Domain Name Registry Services 4.1. Dot KE Domain Name Registry Services Provider The dot KE Domain Name Registry services consists mainly of being the administrative and technical contact for the dot KE domain name registry; administration and maintenance of the operational stability and utility of the dot KE domain name registry; provision of name service for the dot KE domain name registry and ensuring that the database is secure and stable; and provision of a domain registration system for the dot KE Domain Name Registry. The licensing process for the Dot KE Domain Name Registry Services will be similar to the current licensing process for Application Service Provider (ASP) applicants which is the relevant license the Commission seeks to adopt for dot KE Domain Name service providers in line with the Unified Licensing Framework (ULF) adopted in This license shall be issued upon fulfillment of the requirements for issuance of the license which shall include: i. A covering letter on applicant s letterhead 3

Market Structure and Requirements for the Dot KE Domain Name Registry Services 4.1.

4 ii. Duly completed application form iii. A business plan with a three year growth and financial forecast iv. Copy of Certificate of Incorporation/Registration Certificates v. Original CR/12(s) or equivalent of a share certificate of the applicant vi. Copy of Personal Identification Number (PIN) card of the applicant vii. Copy of Valid Tax Compliance Certificate of the applicant viii. Copies of ID/passport for directors and shareholders of the applicant ix. Copy of Memorandum and Articles of Association of the Company x. Copies of proposed Certificate Practice Statement (CPS) and Certificate Policy (CP) that must conform to the ITU-T Recommendation (International Standard) X.509 The proposed draft application form for the dot KE Domain Name Registry Services containing both the requirements and the licensing procedure is available on this site. The licensing process will be similar to the current licensing process for Applications Service Provider (ASP) and Content Service Provider (CSP) applicants. The Commission will issue the dot KE Domain Name Registry services provider license to KENIC only, given that the cctld cannot be operated by more than one entity Dot KE Subdomain Name Registrars These shall provide sub-domain name registration services and shall require authorization from the Commission prior to applying for Registrar accreditation from KENIC. 4

Copy of Valid Tax Compliance Certificate of the applicant viii. Copies of ID/passport for directors and shareholders of the applicant ix.

5 The requirements to be issued with an authorization as a sub-domain name Registrar shall include; i. Official letter on company s letter head requesting to be registered as a subdomain name Registrar; ii. Shall be a Kenyan company limited by guarantee; iii. That a guarantor shall be an association of institutions and not an association of natural persons or a natural person; iv. That guarantors must provide the following in order to be considered: A clear governance structure that is operational, Certificate of Incorporation, Company PIN, Form CR12 from the company, Tax Compliance Certificate, Most current company returns, Minutes of its last Annual General Meeting (AGM), A current list of its membership; v. That the entity shall put in place a Business Continuity Plan (BCP) to minimize damage and expedite the resumption of operations in the event of a crisis. The Commission will however issue multiple authorizations to Registrars for the sub-domain names on a first come first served basis Applicable Fees The dot KE Domain Name Registry services fall under the Application Service Provider (ASP) licence category. The licence shall therefore be for a period of 15 years and shall attract a licence application fee of Kshs. 5,000.00, an initial 5

That a guarantor shall be an association of institutions and not an association of natural persons or a natural person; iv.

6 operating licence fee of Kshs. 100, and an annual operating fee equivalent to 0.4% of annual gross turnover or Kshs. 80,000, whichever is higher. The Registrarsshall be issued with an authorization upon fulfillment of the above requirements but shall not be subject to any regulatory fees. 5. The Dot KE Domain Name Registry Services Licence Conditions The dot KE Domain Name Registry services licence conditions cover various aspects including provision of Registry database services, customer care services, provision of maintenance services, quality of service requirements, interconnection and protection of third party facilities, public emergencies, inspection, billing accuracy, privacy and confidentiality, dispute settlement, applicable penalties, license fees, rollout requirements among others. The license conditions also follow the guidelines in the Internet Engineering Task Force s (IETF s) Request For Comments (RFCs) 1035, 2181, 2182, 2845 and 2870 The proposed draft license conditions for Dot KE Domain Name Registry Services is available on this site. 6. The Dot KE Domain Name Registry Services Procedures and Guidelines The draft procedures and guidelines for the provision of Dot KE Domain Name Registry Services which complements the licence conditions for the same is also available in this site for consultations. The guideline covers Dot KE Domain Name Registry policies, provisions for change of zone contact information, provisions for transfer of Registry operations in case of re-delegation or winding up, domain name registration fees, Registry contact information, name of Registry 6

The Dot KE Domain Name Registry Services Licence Conditions The dot KE Domain Name Registry services licence conditions cover various aspects including provision of Registry database services,

7 administrative and technical contact persons, WHOIS service requirements as well as reserved and restricted words. 7. The Licensing Framework The Commission hereby submits the draft licensing framework for dot KE Domain Name Registry Services for public review and comments. The licensing framework consists of the following documents: i. Draft application form for the dot KE Domain Name Registry Services; ii. Draft license conditions for Dot KE Domain Name Registry Services; and iii. Draft procedures and guidelines for the provision of Dot KE Domain Name Registry Services. The public and stakeholders are requested to review and submit their inputs and views on this paper to the address below on or before the close of day on 17 th February 2014 to: The Director General, Communications Commission of Kenya CCK Centre, Waiyaki Way, Opp. Kianda School P.O Box Nairobi 00800, Kenya. 7

The licensing framework consists of the following documents: i. Draft application form for the dot KE Domain Name Registry Services; ii.

MINISTRY OF INFORMATION AND COMMUNICATIONS TECHNOLOGY

GOVERNMENT OF UGANDA MINISTRY OF INFORMATION AND COMMUNICATIONS TECHNOLOGY POLICY POLICY FRAMEWORK FRAMEWORK FOR MANAGEMENT FOR MANAGEMENT OF.UG OF country.ug code Top country Level Domain code Top) (cctld)