7th August, 2020 THE KENYA GAZETTE 3069 3. Government will strictly enforce quality of service regulations to ensure reliability and availability of services. cognisance of national disaster recovery and resilience frameworks, and the constitutional requirements of devolution and diversity. 4. Government will provide industry access to publicly owned infrastructure. 5. Regulations and laws will be enacted that specifically ensure that data is processed fairly and lawfully in accordance with the rights of citizens and obtained only for specific, lawful purposes, and that clearly establish that all data on a person is owned by the person. players with equitable 5. Government will review the National Broadband Strategy to ensure provision of high-speed affordable connectivity to all citizens in all places. Where it is not commercially viable for operators to invest in infrastructure, the government will promptly build and develop publicly owned supporting infrastructure to facilitate commercial last mile service provision. 6. The Government will adopt an Enterprise Architecture to govern the implementation and deployment of infrastructure, hardware, software, systems and services across the public sector in a coherent, cost-effective and sustainable manner. In order to ensure efficient use of funds and limited resources, the Government shall reach agreements for economic bulk purchase of software licenses and standard ICT equipment. All government Ministries, Departments, Agencies and bodies are required to acquire such licenses and equipment, as they need, at the reduced government negotiated price. These prices will be submitted to the Public Procurement Oversight Authority for inclusion in the Market Price Index. 7. The Government will liaise with all relevant government agencies to require that all new commercial and private developments are designed and adequately provided with facilities for high-speed connectivity. 8. The Government will be open to, support and encourage the development of new business models that provide for infrastructure sharing or the provision of services in under-served and unserved areas. The government will design incentives, or provide funding on such terms and in such manner as will best achieve ubiquitous broadband access. Internet Exchange Points: Internet Exchange Points (IXP) help strengthen the local Internet ecosystem, develop the local Internet industry. Their benefits include— * improve Internet communities; quality and affordability in local * improved local Internet connectivity; ° improve competitiveness; * serve as a hub for technical activity; and * encourage local service hosting and local content development and applications. The Government encourages partnerships that seek to enhance peering and interconnection through deploying additional IXPs and use of deployed infrastructure, including national and international fibre cables, and local data centre development. Data Centres: The Government will develop guidelines for current and future data centres to avoid inefficient public and private ad-hoc investments. With the mandated requirement for the licensing of county based last-mile service providers, County governments are encouraged to create shared data centres for local peering and internet traffic exchange. In support of this policy objective: 1. All government Ministries, Departments and Agencies shall share and optimise data centre infrastructure. All government data centres, not specifically designated for national security purposes, shall be approved by the Ministry of ICT, which will not permit new investment where there is available capacity in any other ministry that may be used, thus providing a cost efficient, scalable and secure environment for government data and information storage. 2. The government will promote, encourage and license private sector investment in neutral data centres by companies incorporated for that purpose. 3. Encourage Kenyan businesses and County governments share data centre infrastructure to minimise network duplication. to 4. This policy mandates the development of standards for data centres, providing legal and regulatory coherence with Kenyan safety and environmental protection standards. The standards will take 6. The government will ensure the availability of basic infrastructure for approved data centers, such as reliable grid power, subsidised or discounted electric power costs, access to the national publicly-owned data transport backbone, security within the context of the national cyber-security framework, physical policing plans, and the national data classification guidelines. All centres that hold public data must be a minimum of a level 2 Data Centre. Rights of Way/Way Leaves: Rights of way, way leaves, permits and clearances have been a persistent and recurring challenge to the deployment of cabling plant, towers and other infrastructure. The Government will: 1. Work with County Governments to develop harmonised way leave guidelines and charges that protect the ICT infrastructure, optimise usage, protect the environment and roads, and prevent multiple charges. 2. Require that all current and future road, rail and underground power grid designs incorporate common crossing ducts to prevent damage wherever crossing is needed and provide commonly available fiber ducts along their length. 3. Take direct corrective measures to protect against way leave encroachment by developers especially land owners whose properties front major highways and other access roads. 4. Where there are no pre-existing ducts, to require infrastructure sharing on new builds as a pre-requisite condition for licensing. The government will where appropriate provide fee breaks, incentives, discounts, government cost-sharing and grants to the primary duct developer and require the provision of equitable access to other service providers, government agencies and utility companies. Wireless Data Infrastructure: The Government will facilitate the ubiquitous deployment of new-generation high-speed wireless broadband connectivity infrastructure, in order to reduce from- thecurb and in-building deployment costs, improve the cost effectiveness of broadband delivery and access, and provide effective, reliable, secure internet infrastructure. All new government network builds and deployments will consider a wireless-first approach. This requirement especially applies to village, small community and government building networks. Broadcast Signal Distribution: The Government will continue to license broadcast signal distribution services depending on the market growth and the availability of the required radio frequency spectrum resources to ensure that the use of broadcasting infrastructure is maximised and frequencies are utilised efficiently. All licensed signal distributors will be required to provide services to licensees on an open access and non-discriminatory basis. IPv6: The Government will support and encourage the migration to modern internet protocols that provide functional efficiency and sufficient scope for future technological developments. All national government installations will use IPv6 at a minimum. All new national government installations must use IPv6. Complementary Infrastructure: The Government recognises that the economic impact of ICT is contextual and dependent on other complementary communications. infrastructure such as energy, transport and The Government will: 1. Provide incentives that infrastructure for the public good. enable the development of 2. Strengthen mechanisms that ensure open access for all players and users. 3. Provide support infrastructure such as roads, power grid access, and security to support ICT development. Domiciliation of Manufacture: It is the government’s aim policy to establish the manufacture of ICT equipment and and