|CHAPTER 411A - KENYA INFORMATION AND COMMUNICATIONS ACT | HOME|
|84W. Regulations on competition issues.|
|Modification of conditions of licence.||National Communication Secretariat.|
|Regulations on competition issues. 1 of 2009 s.31||
84W. (1) The Minister may in consultation with the Commission make regulations with respect to competition issues.
(2) Without prejudice to the generality of the foregoing, the Minister in consultation with the Commission may make regulations with respect to-
(a) access, including rules of interconnection, by licensees under this Act and their subscribers to each other’s network;
(b) the procedure of handling alleged breaches of fair competition;
(c) investigation of a licensee under this Act alleged to have committed acts or omissions in breach of fair competition;
(d) access to information from any licensee with regard to facilitating investigations on alleged breaches of fair competition;
(e) steps to be taken in order to remedy the breach;
(f) definition of market segments;
(g) market segments in respect of which limited competition may be allowed.
(2) A dominant telecommunications service provider shall file tariffs, rates, terms, and conditions of interconnection with the Commission.
(3) The Commission may, by notice in the Gazette, declare a person or institution to be a “dominant telecommunications service provider” for the purposes of this Act.
(4) In making a declaration under subsection (4), the Commission shall consider-
(a) the market share of the telecommunications service provider being at least twenty five per cent of the total revenue of the entire telecommunications market;
(b) the level of control over the communications infrastructure;
(c) the level of technological advancement of the telecommunications service provider;
(d) the scale of operations of the telecommunications service provider;