discrimination, discriminatory provisioning of network facilities, overpricing of essential facilities and other network elements and services provided to competitors, unfair trade practices, tie-in sales, and anticompetitive bundling). One of the more likely outcomes is that an m-service or app that rides on a large network will ultimately benefit from network effects, much to the discomfort of other operators in the same market. This happened in Kenya when Airtel Money, which operates the second-biggest mobile money platform in Kenya, petitioned the Competition Authority of Kenya (CAK) to investigate Safaricom for alleged abuse of its position as the market leader in M-commerce.22 Airtel Kenya had claimed that Safaricom’s charges for customers to send money to Airtel Money accounts were double the amount Safaricom charged to send money to its own customers. Airtel Kenya also wanted Safaricom to allow M-Pesa agents to deal with other agents like Yu money, Airtel money and Mobikash.23 In a demonstration of regulation in a multi-sectoral space (and of regulatory forbearance), the CAK deferred the issue to the Central Bank of Kenya (CBK) Communications Authority of Kenya (CA).In July 2014, the CA ordered Safaricom to allow its mobile money agents to also operate with other platforms. The CA further recommended that the CBK handle the petition on M-Pesa tariffs, as these were charges for financial services.24 The M-Pesa agency system initially operated within the Safaricom network only, but now is interoperable with other networks.The scenario just described raises several issues for regulators to consider when attempting to foster diffusion of m-services and apps. It indicates that assessment of competition concerns in the digital economy requires an in-depth investigation to evaluate the “pain point” being raised. It is clear that a restrictive arrangement does arise when an m-service is locked into an MNO or when an app is locked into a single operating system. This has the potential to raise competition concerns. The lock-in effect has spurred discussions about platform agnosticism and the creation of open mobile apps. This related to a desire to see free sharing of apps on the mass market, in order to achieve critical development goals in fields such as m-learning, as well to use commercial resources in order to achieve development goals.25 Some of these issues can be clarified through asking questions such as these:• Are the regulatory arrangements for infrastructure-sharing adequate to achieve goals for national access?• Are the exclusive arrangements governing m-services and apps riding on MNOs and operating systems raising competition concerns?• What is the impact of these exclusive arrangements on pricing? Are the tariffs fair and non-discriminative?• Have all relevant stakeholders in this issue been identified and consulted widely for input?Answers to these questions will guide appropriate regulatory interventions to avoid entrenching anti-competitive market features. Particularly important are considerations of pricing, as the cost of sending a text message or purchasing an app ultimately will determine the affordability and access to the m-service or app. Regulators must ensure that the interconnection framework is clearly defined and that interconnection charges are based on objective, economically sound, and solidly substantiated costs.It is also apparent that in aiming for a robust competitive environment, the telecommunication construct for competition regulation may be inadequate. It is incumbent on regulators to set appropriate safeguards and then to intervene to leverage opportunities in the digital ecosystem. Introduction of number portability, interoperability and infrastructure-sharing are other mechanisms that could also be considered. These safeguards will be discussed later in this chapter.5.3.4 Stimulating demand – universal access The network reach and intelligence to support access to m-services and apps remains on the regulator’s radar now, more than ever before. The urgency to bridge access gaps compels new ideas and creativity in order to identify optimal strategies for achievement of universal service.132 Trends in Telecommunication Reform 2016