The Kenya Internet Exchange Point (KIXP) has been shut down, after a Kenyan regulator apparently upheld a complaint by the public telecommunications provider.
"Today, much to the surprise of the local ISP [Internet service provider] community, a letter was received from the Communications Commission of Kenya (CCK) instructing them to close down the KIXP and also instructing Telkom Kenya to disconnect all ISP links to the KIXP," said chief technology officer of ISPKenyaBrian Longwe in announcing the development early this week.
ISPKenya is one of four ISPs that initially participated in the exchange.
The exchange was hailed as a major development for Internet access on the African continent when it was launched at the end of November, as the four participating ISPs were able to route local traffic within Kenya for the first time. The majority of traffic had previously been routed internationally, mostly via North America.
The exchange was operated by the Telecommunications Service Providers of Kenya (TESPOK) on a non-profit basis.
The CCK says the exchange was set up illegally in the first place, and was shut down as it requires a licence.
"The KIXP was established without first seeking the necessary licence from the CCK in keeping with the Kenya Communications Act, 1998, section 24 (1)," the regulator said in a statement.
The ISPs, however, say the exchange would not have been set up without approval, which was given before the KIXP went live.
In a statement from the providers, they say a letter to the CCK in July confirmed discussions on the exchange held with the commission`s director general. "TESPOK`s chairman met with the CCK`s general manager, Telecoms Development, and went into the details of the KIXP proposal. During this meeting CCK`s GM - Telecoms Development gave every assurance that KIXP did not require a licence and did not in any way infringe upon Telkom Kenya`s monopoly," the ISPs say.
TESPOK says it had another meeting, this time with the CCK general manager, and was again reassured on the legal position. However, nothing was stated in writing.
With apparently no prior warning, the order was given to shut the exchange down and to disconnect all lines used by it.
TESPOK believes the exchange was shut down on request of Telkom Kenya, the national telephone operator. It says Telkom Kenya was originally approached to host the exchange, but showed no interest in doing so.
Telkom Kenya could not be reached for comment.
Longwe says the ISPs will fight the closure in court, but playing by the rules is not the only option.
"From a technical perspective there are many ways of doing this. We need to decide: do we come up with a solution that allows us to exchange traffic, or do we hold out to make the point clear and raise public awareness on the issue?"
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