(Nairobi) – The Communications Authority of Kenya (CA) is working with the United Nations’ International Telecommunication Union (ITU) to establish regulations for satellite internet providers, particularly those like Starlink, which operates using over 6,400 satellites to deliver broadband internet services globally. The aim is to ensure fair competition in the sector, as well as to address the unique challenges posed by cross-border satellite services.
Starlink, the satellite internet arm of SpaceX, has expanded its operations in several African countries, including Kenya, but has faced significant regulatory hurdles in various regions. The CA has acknowledged the complexity of regulating Starlink, given its use of a novel technology that spans international borders, and has turned to the ITU for global guidance in addressing these challenges.
The regulator emphasized in court that Kenya is an active member of the ITU and is closely involved in the ongoing discussions regarding the regulation of satellite internet services. As an interim measure, Kenya is aligning its regulations with the frameworks that the ITU is developing to ensure a harmonized approach globally, which can then be tailored to local contexts.
The legal challenges around Starlink’s entry into the Kenyan market began after local non-governmental organization Kituo Cha Sheria filed a lawsuit against the CA. The NGO accused the regulator of siding with Safaricom, Kenya’s dominant telecommunications operator, in efforts to curb the operations of Starlink within the country. Safaricom has raised concerns that satellite internet providers, like Starlink, could disrupt local networks by bypassing regulations, leading to potential security risks and interference.
In its response, the CA assured the High Court that it was still in the process of developing a regulatory framework for satellite services. The regulator also clarified that its review of Safaricom’s concerns would not immediately change the rules governing Starlink’s operations, describing Kituo Cha Sheria as a “proxy” for Starlink in the legal suit.
The regulator further stated that the global nature of satellite internet services presents a “conundrum” for many countries, including Kenya, especially as these services are not bound by traditional national borders. Issues such as spectrum allocation, data privacy, the management of space debris, and international coordination of regulations are central to the discussions underway at the ITU.
Kenya has expressed the need for international cooperation to ensure that satellite operations do not interfere with the services provided by local telecommunications companies like Safaricom. Additionally, the CA has pointed out that the direct-to-device satellite technology used by companies like Starlink introduces unique regulatory challenges that require careful consideration.
Globally, the entry of companies like Starlink into new markets has sparked debates about competition in the telecoms sector. In India, for example, Mukesh Ambani, the richest man in Asia, has raised concerns over the potential impact of Starlink on local players, urging India’s telecom regulator to closely examine Starlink’s reach before awarding satellite spectrum.
In Kenya, Starlink’s pricing strategy has also raised eyebrows. The service, which costs KSh1,300 per month, is considerably cheaper than in other markets like the United States, where the service is priced at $120 (about KSh15,504). This significant price difference has prompted protests from local internet providers such as Airtel Kenya and Jamii Telecom, who argue that Starlink’s low-cost offering could disrupt the local telecom market.
Despite these concerns, Starlink continues to grow its customer base in Kenya, having entered the market in July of the previous year. The CA granted Starlink a temporary operating license in June 2023, allowing the company to provide satellite internet services for a period not exceeding 12 months. Starlink’s entry into Kenya has been publicly supported by President William Ruto, who has praised the company’s efforts to lower internet costs in the country.
Kenya is among a few African nations that have allowed Starlink to operate, alongside Nigeria, Rwanda, Mozambique, Malawi, Zambia, Benin, and Eswatini. However, Starlink has faced challenges in other African countries, where it has been classified as illegal due to concerns over local control of content and the lack of proper licensing. In South Africa, for example, Starlink was denied a license after failing to meet local ownership requirements.
Starlink has formed partnerships with various firms to distribute its services, including in Kenya, where it has partnered with the little-known Karibu Connect. Meanwhile, Vodafone, which holds a significant stake in Safaricom, has opted to work with Starlink’s competitor, Amazon’s Kuiper, to use satellite technology for connecting remote areas in Europe and Africa.