Gov't Reveals Plan to Regulate Data Centres in Kenya

The Communications Authority of Kenya (CA) has proposed a new licensing framework for data centre operations in the country, seeking to establish a standalone licence category for co-location data centres.

In a notice on Tuesday, September 8, the Authority said the proposal would move away from regulating co-location data centres under the existing Network Facilities Provider–Tier 2 licence category.

"The Communications Authority of Kenya (CA) proposes to introduce a standalone Data Centre licence category, rather than regulate co-location data centres under the Network Facilities Provider -Tier 2 licence category," the notice read.

CA explained that the proposed standalone licensing approach is intended to improve regulatory visibility and create a framework that is proportionate to the nature of data centre operations.

"The proposed approach is intended to provide regulatory clarity, enhance visibility over data centre operations, support investment in digital infrastructure, and align Kenya's framework with proportionate approaches adopted in comparable jurisdictions," the statement added.

According to CA, under the proposed framework, the new licence would apply to entities offering co-location data centre services, including the supporting services associated with such operations.

The authority has now opened the proposal for public and stakeholder participation, giving interested parties an opportunity to submit their views on the planned licensing framework.

"The authority therefore invites stakeholders and the public to submit comments on the proposed licensing framework for colocation data centre operations in Kenya.

"Stakeholders and members of the public are invited to review the proposal and submit written comments to the Authority within thirty (30) days from the date of publication of this notice," the notice added.

Written submissions can be made by post or hand delivery to the Director General, Communications Authority of Kenya, P.O. Box 14448-00800, Nairobi.

Stakeholders can also submit their comments electronically through the authority’s designated online form or via email at [email protected].

This comes a week after CA issued new guidelines governing the deactivation and recycling of mobile numbers that remain inactive for an extended period.

In a statement on Wednesday, September 2, the CA said the deactivation and recycling process will only be triggered after a number has remained inactive for three months without any revenue-generating activity.

"Number deactivation and recycling shall be triggered when a number records no revenue-generating activity, such as making/receiving a call, sending/receiving an SMS, using data, topping up airtime or using the number for value added service, for a period of three (3) months," the statement read.

According to the CA, once the three-month period of inactivity is detected, service providers will be required to make efforts to reach the affected subscriber using the contact information provided during the registration and Know Your Customer (KYC) process.

The authority said notification may be done through SMS sent to the affected number as well as other contact details associated with the subscriber during the KYC process. 

The notification efforts will continue for another three months unless the subscriber resumes a revenue-generating activity.

As the additional notification period approaches its end, the CA said service providers will be required to publicly identify numbers that are at risk of deactivation and recycling.

"Thirty (30) days before the lapse of the three (3) months in clause 4.4, and with the number still inactive, the service provider shall publish the list of numbers susceptible to deactivation and recycling if they are not activated within 30 days from the date of publication," the statement further read.

The CA further directed providers to publish a general notice of their intention to deactivate and recycle inactive numbers through their websites, other media platforms and a national daily newspaper on a quarterly basis.

"The generic notice of intention to deactivate and recycle inactive numbers shall be posted on the provider’s website, publicized in other media, and published in the daily newspaper with nationwide circulation on a quarterly basis," the statement noted.

According to the CA, the public notices will also provide subscribers with a way to establish the status of their numbers, including whether a number is suspended, active, under recycling or already deactivated. 

The CA said the *106# option will be included for this purpose.