Kenya Gazette Supplement No. 33

LEGAL NOTICE NO. 68

REGULATIONS

1. Citation.
2. Interpretation.

3. Protected Information.

4. Payments to the Commission.

(Revoked by LN 29/2010)

9. Licences required.
10. Licensing.
11. International Conventions.
12. Transfer of Licence.
13. Lapse and renewal of licence.

14. Basis and purpose.
15. Definition of terms.
16. National spectrum management policy.
17. Application criteria for approval.
18. Assignment of frequencies.
19. Obligations of the licensee.
20. Ownership of frequencies.
21. Transfer and assignment of station authorization.
22. Temporary authorization.
23. Change in equipment.
24. Station identification.
25. Type approval and inspection.
26. Monitoring and inspection.
27. Inspection and maintenance of towers and control equipment.
28. Misuse of frequencies.
29. Discontinuation of station operation.
30. Measures against violations.
31. Revocation of licences.

(Revoked by LN 30/2010)

50. Purpose.
51. Categories of network and terminal equipment requiring type approval.
52. Type approval procedure.
53. Applications for type approval.
54. Language.
55. Submission of samples of equipment for testing.
56. Provisional type approval.
57. Final type approval.
58. Revocation of type approval.
59. Complaint procedures.
60. Import and sales restrictions.
61. Exemptions from type approval.

62. Management and administration of national numbering plan.
63. Considerations when assigning or publishing numbers.

64. Application.
65. Interpretations.
66. International and regional arrangements.
67. Delivery of postal articles.
68. Licensing of postal services operators.
69. Applications for licence.
70. Conditions of licence.
71. Non-discrimination.
72. Licence fees.
73. Licence terms.
74. Licence modification and renewal.
75. Suspension and cancellation of licences.
76. Transfer or lease of licence.
77. Lapse and renewal of licence.
78. Operation of reserved postal services.
79. Tariffs for unreserved postal services.
80. Tariffs for reserved postal services.
81. Unreserved postal services fees and operations.
82. Consumer complaint procedures.
83. Universal service obligation.
84. Issuance of postage stamps.
85. Reporting requirements.
86. Production of records and inspections.
87. Suspension or cancellation of licences.
88. Interconnection.
89. Disposal of undeliverable postal articles.

90. Scope.
91. Price Cap.
92. Applications for approval of tariffs.
93. Notice on tariffs.
94. Decision on Tariffs.
95. Investigation and suspension of tariffs.
96. Tariffs (file and use)

(Revoked by LN 28/2010)

101. Roaming agreements.
102. Registration of telecommunications contractors and vendors.
103. Fees.

IN EXERCISE of the powers conferred by sections 27, 38, 39, 40 and 66 of the Kenya Communications Act, the Minister for Information, Transport and Communications in consultation with the Commission makes the following Regulations –

1. Citation.
These Regulations may be cited as the Kenya Communications Regulations, 2001.

2. Interpretation.
In these Regulations, unless the context otherwise requires-

“Act” means the Kenya Communications Act; [No. 2 of 1998]

“basic telecommunications service” means a service offered to subscribers which provides such subscribers with a telephone connection to, and a unique local telephone number address on a licensed local access provider and which enables such subscribers to place calls to, or receive calls from, other telecommunications stations on those systems and shall include residence and business line services;

“basic telephone service” means a service provided to the public which allows end users to transmit and receive real time voice communications, including voice telephony service, public pay telephone service, operator assisted services, local, domestic and international long distance telephone services whether by wire or wireless means as well as basic, non-packet switched data communications, such as facsimile transmissions but does not include advanced or enhanced telephone services or dedicated data communications services such as paging services;

“basic telephony” means fixed or mobile communications service in which a two-way connections are established without any deliberate removal or addition to the information content transmitted over that connection or any additional service having been provided thereof;

“circuit” means the physical connection or path of channels or conductors and equipment between two given points through which an electric current may be established;

“contract” means any agreement, arrangement, bond, commitment, franchise, indemnity, indenture, instrument, lease, concession, licence or understanding, whether in writing or not in writing;

“communications” shall, where used in these Regulations refer to telecommunication, postal and radio communications services;

“Commission” means the Communications Commission of Kenya established under section 3 of the Act;

“confidential business information” means a proprietary information of a trade, commercial or financial nature that is –

(a) of a kind that would customarily not be released to the public by the person from whom it is obtained; and

(b) the disclosure of which is likely to impair the Commission’s ability to obtain similar necessary information in the future or to cause substantial harm to the competitive position of the person from whom the information is obtained.

“global navigation system” means an arrangement of technical apparatus by means of which an end user can determine location parameters of latitude, longitude and altitude at any instant of time anywhere on the earth surface;

“international call completion rate” means the minimum percentage of international telephone calls originating within a licensee’s network completed per total of international call attempts measured during the peak traffic hour;

“international telephone call” means an effective or completed telephone call exchanged with a telecommunications station outside the country in which the calling telecommunications station is situated;

“ITU” means the International Telecommunications Union;

“leased line” means a telecommunications line that is made available to a subscriber for his exclusive use;

“licensee” means the holder of a licence issued by the Commission under the Act or these Regulations;

“line” means a transmission medium between terminal locations and includes associated repeaters;

“local service provider” means a telecommunications licensee licensed to provide local basic telephone service excluding international and long distance services but include value added services in accordance with the relevant licence issued by the Commission;

“local call completion rate” means the minimum percentage of local telephone calls completed per total of local call attempts measured during the peak traffic hour which originate and terminate from the licensee’s network;

“local telephone call” means an effective or completed telephone call exchanged with a telecommunications station within the local charging area in which the calling telecommunications station is situated;

“mobile radio-communication system” means a telecommunications system consisting of mobile service switching centers each of which typically serves a number of “cells” which establish calls to and from mobile subscribers in their respective call service areas, thereby allowing calls to be transferred from one cell to another cell without interruption and established or to be established by an operator under a licence to provide mobile radio communications Services;

“mobile radio-communication service” means a telecommunications service that operates through a mobile radio-communications system employing a network architecture in a “cell” configuration in which low-powered radio transmissions allow for the re-use of the same frequency simultaneously in multiple cells and shall include both voice telephony services and non-voice telephony services but shall unless otherwise expressly provided in a licence, exclude video, paging and high speed data services;

“national long distance telephone call” means an effective or completed telephone call exchanged with a telecommunications station outside the local charging area in which the calling telecommunications station is situated;

“national long distance call completion rate” means the percentage of national long distance telephone calls completed per total of national long distance call attempts measured during the peak traffic hour which originate and terminate within a licensee’s network (internal national long distance call completion rate), or which terminate outside the licensee’s network (external national long distance call completion rate);

“non-service specific interfaces” means a shared boundary between two functional units that is not specific to any one telecommunications service;

"operational subscriber’s line” means an operational subscriber’s line connecting a subscriber’s premises to the exchange;

“paging service” means a telecommunications services that provide subscribers with radio messages, through portable radio equipment used in a given zone, which may be accompanied by a verbal or codified visual message;

“private telecommunications services” means telecommunications services established by any person for the sole purpose of satisfying his own communications needs within Kenya and may include telephony service or value added services, radio communication and cable services;

“roaming services” means a type of telecommunications or radio communications service that enables subscribers of one mobile cellular communications system to utilize the facilities of another mobile radio communications system with which the subscriber has no direct pre-existing service or contractual relationship to place an outgoing call, to receive an incoming call, continue an in-progress call;

“satellite mobile telecommunications service” means a service which allows for voice or data communications through the use of mobile terminal equipment and capable of maintaining a direct uplink to or direct downlink from a satellite–based telecommunications network;

“satellite telecommunications service” means a telecommunications service provided through connections from earth stations to authorised public or private satellite-based telecommunications system;

“service agreement” means any agreement between an operator and a subscriber or subscribers relating to the provision and use of a telecommunications service;

“service quality requirements” means conditions of licence established by the Commission pursuant to section 25 of the Act for the purpose of improving the quality and delivery of telecommunications services in Kenya;

“store and forward messaging service” means a service whereby messages can be exchanged between subscribers using storage and retransmission devices;

“subscriber” means any person provided with a telecommunications service by a licensee, and who is responsible for payment of all charges and rentals;

“subscriber line” means a telecommunications link connecting the local telecommunications center to the subscriber’s premises or telephone instrument or system;

“tariffs” means the charges by a telecommunications service operator or its subscribers;

“telex service” means a telecommunications service that provides for the interactive telecommunication of texts between subscribers through teleprinting devices interconnected by a telex network via transmission of codified information;

“third party private network service” means a service over a user-dedicated network supplied by a licensee providing such services, whether directly or indirectly, to the user of such services;

“Tribunal” means the Appeals Tribunal established under section 102 of the Act;

“trunk capacity resale service” means a type of telecommunications service which, using a trunk capacity resale system, provides the necessary capacity to carry and route telecommunications signals constituting the main interconnection between telecommunications systems and networks and which allows the provision of final services, distribution services and value added services;

“value added services” means such services as may be available over a telecommunications system in addition to voice telephony service, and specifically those services listed as “value added services” in these Regulations, including the following-

(a) “videotext” means a service involving a two-way interactive computer-based information system in which a subscriber is linked to a database by telephone line or cable;

(b) “teletex” means a service whereby a subscriber can exchange office correspondence in the form of documents containing teletex coded information on an automatic memory-to-memory basis;

(c) “teleaction” means s service used to send short messages at very low transmission speeds between the subscriber and a communications network;

(d) “telecommand” means a service whereby a supervised system is controlled from a remote control device;

(e) “telealarm” means a service whereby an electric signal is sent to a remote control device each time there is a threshold change of conditions in the supervised system;

(f) “store and forward messaging service” means a service whereby messages can be exchanged between subscribers using storage and retransmission devices;

(g) “teleprocessing and data processing” means an interactive service used for the processing of data and exchange of messages between the terminals of georaphically distant subscribers;

(h) “electronic mail services” means a service whereby subscribers may send messages to one or more addressees and receive messages using a combination of data storage and retransmission techniques so that the final subscriber may recover the message. This service may be used as follows –

(i) electronic mail (X.400): a service allowing a subscriber to send messages instantaneously to another subscriber’s directory or electronic “mailbox” (i.e., person-to-person messaging, according to the ITU X.400 international standards);

(ii) electronic document interchange (EDI): person-to-person messaging, according to electronic data interchange fact (EDIFACT);

(iii) electronic fund transfer;

(iv) electronic voice mail: a storage and retrieval service whereby voice messages from one subscriber are digitally stored in order to be received by another subscriber;

(i) “voice messaging” means a service whereby the subscriber transmits a brief message by calling one or more telephone numbers at a given time or by answering the call of another subscriber;

(j) “voice telephony service” means a telecommunications service which provides subscribers with the ability to conduct real-time two-way speech conversation via a fixed or mobile network;

(k) “information services” means an interactive service that provides access to information stored in database centers and which may be sent to the world wide web subscriber only upon request;

(l) “packet switching service” means without using the systems network, data signals called packages are split up according to a sequence of signals arranged in a specific format, in accordance with the ITU X.25 and X.75 standards and such other generally recognised standards as may be approved for use over the public communications network by the Commission;

(m) any other service as may be classified as such in the Gazette by the Commission.

3. Protected information.
(1) Any person who communicates with the Commission, and whose communication includes confidential business information, may submit a written request to the Commission that the specific portion of that communication consisting of such confidential information be protected from disclosure.

(2) Any request made under paragraph (1) of this regulation that is deemed by the Commission to be valid shall entitle the person who has made such a request to –

(a) protection of confidential business information from being referred to in any writing or communication issued by the Commission;

(b) non-publication of the confidential information in its entirety in any writing or communication issued by the Commission and, to the extent that the confidential information quoted or referred to by the Commission in any writing or communication, it shall be identified as such, together with directions on how the full text of the information may be obtained by the public.

(3) Trade secrets and other confidential or proprietary information pertaining to the commercial interests of any person, which are submitted in connection with a communication by any person to the Commission, may be entitled to treatment as confidential business information.

(4) A person seeking to have information or materials treated as confidential business information may submit the information or materials to be considered separately from the other communications to the Commission, together with a written request that the Commission treat such information as confidential business information.

(5) The Commission may on its own motion determine that the information or materials should not be routinely available for public inspection.

(6) In the absence of a request referred to in paragraph (4), materials or information that are submitted may be made available for inspection upon request, even though such information or materials may contain trade secrets or confidential information.

(7) The presence of confidential business information within the body of a communication to the Commission shall not entitle the entirety of those communications to confidential treatment, but that portion of the communications which is entitled to confidential treatment as confidential business information may be extracted from the main body of the communication made available for public inspection.

(8) The disclosure of confidential business information may be compelled pursuant to a parliamentary, judicial or other lawful process.

4. Payment to the Commission.
(1) The Commission may from time to time prescribe fees payable in respect of any licence issued or service performed under the Act or these Regulations.

(2) Every fee payable to the Commission in connection with applications for licences, frequency spectrum assignments, or any other matter shall be paid in full before the licence is granted or the frequency is assigned by the Commission.

(3) Unless otherwise prescribed by the Commission, all licensees shall make yearly payment of the annual operating fees due for the current year by the 1st day of July of each calendar year, but not later than three months after the end of the licensee’s financial year.

(4) Where any licensee is required to pay fees to the Commission on the basis of information or records in the custody of such licensee, the licensee shall submit a declaration to the Commission in the manner prescribed by the Commission, attesting to the completeness and accuracy of the information upon which such computation of fees is based.

(5) Where a licence requires that payment of a licence or an annual operating fee be based on a percentage of a licensee’s gross annual revenues, the base for calculating a licensee’s gross annual revenues shall include-

(a) payments from subscribers and other users; and

(b) the amount billed including uncollected payments from subscribers and other customer accounts.

9. Licences required.
The Commission shall issue telecommunications licences in accordance with the provisions of the Act.

10. Licensing.
(1) The Commission shall prescribe the terms and conditions of all licences, as it considers consistent with the objectives of the Act, these Regulations and such other circumstances as the Commission may consider appropriate, including the terms and conditions upon which the licence is granted, the services to be provided by the licensee and the network to be operated by the licensee.

(2) The Commission may issue licences for the provision of local access services, national long distance services, international services, very small aperture terminal services, internet backbone, global mobile personal communications services (GMPCS) and customer premises wiring, terminal equipment and maintenance, repair workshop services and radio station licence.

(3) Local access services shall be provided by a licensed local access provider or a regional telecommunications operator.

(4) Licences granted shall contain an obligation to provide services efficiently and at reasonable costs.

(5) Licences may include the provision of services to rural or sparsely populated areas or other specified areas and other conditions as the Commission may deem necessary.

11. International Conventions.
The Commission may require licensees to comply with international conventions or agreements relating to communications services to which Kenya is a signatory.

12. Transfer of licence.
(1) A licence granted under the Act may not be transferred without the written consent of the Commission.

(2) An application for the transfer of a licence shall be accompanied by an application in the prescribed Form 1 set out in the First Schedule, completed by the person to whom the licensee intends to transfer the licence.

(3) The Commission shall in considering an application for transfer have regard to the same terms and conditions as in considering a grant of a new licence, provided that the Commission may in its discretion refuse to approve such an application for transfer under this regulation.

13. Lapse and renewal of licence.
(1) An application for renewal of a licence shall be made in accordance with the conditions of each licence.

(2) In considering an application for renewal of a licence, the Commission shall have regard to the fulfilment by the licensee of the obligations contained in the licence in the previous licence period.

(3) The process for renewal of a licence for telecommunications services shall be contained in each licence and each application process shall be considered as part of these regulations.

(Part VI revoked by LN 58/2010)

(Part VII revoked by LN 30/2010)

(Part VIII revoked by LN 57/2010)

(Part IX revoked by LN 55/2010)

64. Application.
The Regulations in this Part shall apply to all postal service licensees.

65. Interpretations.
In this Part, unless the context otherwise requires-

“basic postal services” means reserved postal services such as postal stamps, private letterboxes and acceptance, conveyance and delivery of letters weighing up to 350 grams;

“commemorative stamps issue” means the issuance of postage stamps as a mark of honour to events or matters of national or international importance and mainly used for philatelic purposes with a validity period of five years from the date of issue;

“course of transmission” means in case of, for a postal article, the time from the delivery of the postal article to the licensed postal service operator until the time of its delivery to the addressee, its return to the sender, or its disposal under the applicable provisions of these Regulations;

“definitive stamp issue” means stamps depicting nature or natural heritage and which are valid for a maximum of ten years from the date of issue;

“postal services licensee” means the Postal Corporation of Kenya and all organizations licenced to provide unreserved postal services, including courier companies, transporters, freight, forwarders, delivery companies and direct marketing companies which handle postal articles;

“reserved postal services” means –

(a) the collection, transport, sorting, and delivery, for hire or reward of letters and postcards weighing up to 350 grams, but not including exempted letters sent by licensed courier, letters accompanying goods at the time of delivery, newspapers, magazines, books, non-addressed leaflets, catalogues, and trade announcements letters delivered otherwise than for reward letters delivered by an employee of the sender letters containing any writ or proceeding out of court or any legal instrument of any kind and, letters carried to the premises of a provider of electronic mail service for the purpose of transmission by electronic mail;

(b) the production and issuance of postage stamps, pre-stamped envelopes, aerograms, and international reply coupons bearing the official national coat of arms or the words “Republic of Kenya”, “Kenya”, or “Kenya Post”; and

(c) the rental or lease of private letter boxes or bags;
“universal postal services” means consistent supply basic postal services at affordable prices at all points within the country;

“universal service obligations” means obligations assumed by the public postal licensee by virtue of a licence granted by the Commission under the Act to provide, as far as possible, basic postal services to all persons within Kenya at affordable prices that are not necessarily cost-based;

“unreserved postal services” means courier services, counter services, money orders, electronic bill paying, parcel collection transport and delivery, expedited mail service, overnight mail services, and other handling of postal articles.

66. International and regional arrangements.
(1) The provisions in this Part shall be carried out in accordance with the terms of any international or regional convention or agreement to which Kenya is a party.

(2) Where a postal licensee conduct international postal services, the Commission shall ensure that such a licensee conduct their operations in accordance with the rules, regulations and procedures of the conventions and agreements to which Kenya is a party, except to the extent that Kenya’s adherence thereto is limited by a reservation.

67. Delivery of Postal articles.
(1) A postal article shall be deemed to have been delivered-
(a) to the addressee, if it is delivered into a private letter box or bag of the addressee, leaving it at the house, or office of the addressee as set out thereon, or with the employee or agent or other persons authorised to receive it and, where the addressee is a guest or is a resident at a hotel, hostel or lodgings, if it is left with the proprietor or manager thereof or with his agent; or

(b) to a postal service licensee if it is deposited into a posting box or handed over to an employee or agent of a postal service operator authorised to receive it.

68. Licensing of postal services operators.
(1) No person shall operate a reserved or unreserved postal service except in accordance with a licence issued under the Act.

(2) The Commission shall prescribe the terms and conditions of all licences, as it considers consistent with the provisions of the Act, these Regulations and such other circumstances as it may deem necessary.

69. Applications for licence.
(1) Any person may, subject to the provisions of the Act and these Regulations, apply for a licence from the Commission to operate postal services.

(2) Applications for postal service licences shall be made in writing in the prescribed form No. 1 set out in the First Schedule.

(3) In considering any application for a postal licence, the Commission may require the applicant to produce such evidence or information to show his or her capacity to operate postal services as the Commission may deem necessary.

(4) The Commission may require applicants for postal licences to provide evidence of ownership of the firm or company applying for the licences in support of the application and any person who knowingly gives false information shall be guilty of an offence.

(5) Applicants for a postal licence shall submit to the Commission-

(a) particulars as to the services to be operated; and

(b) the geographical area for which postal services are proposed to be carried out.

(6) All applications for a postal license shall be accompanied by the prescribed fees.

(7) All licences issued under this regulation shall be in writing and unless previously revoked in accordance with any terms contained in the licence or as a result of a contravention of the Act or these Regulations or the terms of the licence, shall continue in force for such period as may be specified therein.

70. Conditions of Licence.
(1) A postal service licence shall set out the terms and conditions upon which it is granted and shall require the provision by the licensee of such postal services as are specified in the licence and may include the provision of services to rural or sparsely populated areas or other specified areas.

(2) Postal licences shall not be used for purposes other than for which it is issued and any other use of the licence, or contravention of the conditions stated therein, shall constitute an offence.

71. Non-discrimination.
(1) Postal licensees shall not take any action in the provision of postal services that has or is likely to have the effect of giving an undue preference to, or causing undue discrimination against, any person or category of persons.

(2) If it appears to the Commission that a licensee is taking or intends to take any action which has or is likely have the effect of giving undue preference to, or causing undue discrimination against any person or category of persons, the Commission may, after having given such licensee an opportunity to be heard, direct the licensee through a written notice to cease or refrain from taking such action, as the case may be.

(3) Failure to comply with a order of the Commission issued under this regulation shall constitute an offence.

72. Licence fees.
(1) If the Commission is satisfied that an applicant has fulfilled all the conditions for granting a licence and upon payment to the Commission of prescribed fees, the Commission shall issue such an applicant with a licence.

(2) Every postal licensee shall, within the prescribed time, pay the Commission the fees specified in the licence and any licensee who fails to pay such fees shall be liable to pay such penalties as the Commission may prescribe.

73. Licence terms.
All postal licences issued under the Act shall be valid for the period stated in the licence or for such period as may be determined by the Commission.
Licence modification and renewal.

74. (1) Pursuant to section 82 of the Act, the Commission may, modify the conditions of any licence if it considers such modification necessary -

(a) to achieve the objectives of the Act;

(b) in the public interest;

(c) in the best and justified interests of the licensees; and

(d) in order to ensure fair competition and equal treatment.

(2) Where the Commission intends to modify all or any condition of a postal licence, the Commission shall publish a notice in the Gazette stating the reasons for the intended modification and giving not less than sixty days period for the licensee or other interested parties to make any written representation regarding the intended modification.

(3) The Commission shall give due consideration to any representations made by the licensee.

(4) Where the modification of a licence condition is at the instance of the Commission and such modification is likely to cause undue harm to the licensee, the Commission may grant such licensee a reasonable period to comply with the modification terms of the licence.

(5) The Commission may, if it considers appropriate to do so in furtherance of the objectives of the Act, modify the terms of a postal licence on application of a postal licensee:

Provided where such modification is at the request of a postal licensee, such licensee shall meet the costs of the modification.

(6) Any person who is aggrieved by the decision of the Commission made under this regulation may appeal to the Tribunal within fifteen (15) days from the date on which the decision is made.

75. Suspension and cancellation of licences.
(1) Every postal licence shall contain provisions for the suspension or revocation of the licence.

(2) Notwithstanding the provisions of paragraph (1), the Commission may suspend or revoke a licence on grounds of -

(a) serious and repeated breach of the licence conditions;

(b) discovery of any fraud or intentional misrepresentation by a licensee at the time of applying for the licence;

(c) engagement in or support of unlawful activities by the licensee; or

(d) cessation of the licensee to be a person who is eligible to hold such licence; or

(e) failure to pay the prescribed fees.

(3) Unless provided otherwise in the licence, the Commission shall give a licensee sixty (60) days written notice of its intention to suspend or cancel a licence and shall specify in such notice the reasons for the intended suspension or cancellation of the licence.

(4) The licensee or any interested party may make representations against such suspension or cancellation to the Commission.

(5) After due condition of such representations, the Commission may -

(a) prescribe the time during which the licensee may remedy the offending act or conduct; or

(b) require the payment of a penalty or fee as specified in the Act or these regulations.

(6) Where a licensee has not complied with the conditions set by the Commission in paragraph (5) of this regulation, it may -

(a) suspend the licence for a specified period of time; or

(b) revoke the licence.

(7) Any person aggrieved by the decision of the Commission, under this regulation may within fifteen (15) days from the date on which the decision is made appeal to the Tribunal.

76. Transfer or lease of licence.
(1) No postal licence shall be transferred or leased without the written consent of the Commission.

(2) Where a licensee intends to transfer or lease a postal licence, he shall make an application to the Commission.

(3) An application for the transfer or lease of a license shall be in the prescribed form completed by the person to whom the licensee intends to transfer or lease the licence.

(4) The Commission shall in considering an application for transfer or lease of a licence have regard to the same terms and conditions as when considering the grant of a new licence:

Provided that the Commission may at its discretion reject an application made under this regulation.

77. Lapse and renewal of Licence.
(1) An application for renewal of a licence shall be made in accordance with the provisions of each licence.

(2) In considering an application for renewal of a licence, the Commission shall have regard to the fulfillment by the licensee of the licence terms and conditions in the previous licence period.

(3) An application for renewal of a public postal licence shall be made at least six months before the expiry of the licence.

(4) A licensee may, during the prescribed period, apply for the renewal of his or her licence.

(5) Where a licensee has complied with the Act, these Regulations and the licence, a licence shall continue to be valid until such time as a decision has been made regarding the application for the renewal.

78. Operation of reserved postal services.
(1) The Commission may from time to time require a person licensed to provide reserved postal services to provide such services to areas which are not adequately served.

(2) A licensee for the provision of reserved postal services may provide such services through a contract, agency or franchise without such agent or franchisee being required to hold a licence under the Act.

(3) A licensee designated as a public postal licensee shall maintain separate books of account for reserved postal services and unreserved postal services and shall not cross-subsidise the prices for any service it offers in the market for unreserved postal services with revenue from the sale of reserved postal services.

79. Tariffs for unreserved postal services.
(1) All postal licensees shall have the power to set tariffs for postal services which are open to competition.

(2) All tariffs for unreserved postal services shall be made available to the public by displaying them in conspicuous places in post offices or in the offices of licensees.

(3) It shall be an offence under this regulation not to display tariffs for postal services at all or in a conspicuous place.

80. Tariffs for reserved postal services.
(1) Tariffs applicable to reserved postal services and the standard of delivery of such services shall be determined by the Commission from time to time.

(2) Any review of tariffs relating to reserved postal services shall be implemented upon approval by the Commission.

(3) In considering review of tariffs for reserved postal services, the Commission shall ensure that the tariffs are base on the cost of providing efficient service in accordance with the licence and shall further ensure that such tariffs do not include-

(a) surcharges prevailing solely as a result of the public postal licensee’s exclusive right to provide reserved postal services;

(b) anti-competition discounts likely to be prejudicial to licensees for unreserved postal services;

(c) variation in rates that create any advantage for individual users within the same class of service in relation to users of postal services of the same type; and

(d) any other consideration as the Commission may deem necessary:

Provided that the Commission may authorise the levying of tariffs that are not based on costs of providing such service where the public postal licensee presents a case to the Commission that such charges are justifiable due to any statutory obligation or other objectively verifiable criteria.

(4) The Commission shall, at least thirty (30) days before approving any tariffs, give notice to customers in the Gazette and in such manner as the Commission may consider necessary-

(a) specifying the name and particulars of the licensee or class of licensees providing the postal service to which the tariffs relate;

(b) stating the reasons for the proposed review of the tariffs and setting out the proposed tariffs;

(c) specifying the time within which representations or objections may be made to the Commission on the proposed reviews;

(d) informing the customers of the new tariffs at least fourteen (14) days before implementation.

81. Unreserved postal services fees and operations.
(1) All licensees of unreserved postal services shall operate at least one physical address which shall be registered with the Commission and any change of such registered office shall be notified to the Commission within a period of fourteen (14) days of such change.

(2) Subject to the Act, these Regulations and licences, the Commission shall have the power to categorise postal licensees and to prescribe fees payable to the Commission by such licensees.

82. Consumer complaint procedures.
(1) All licensees shall provide a mechanism through which consumers may lodge complaints concerning the services given by such licensee.

(2) Notwithstanding the generality of paragraph (1), the procedures for lodging complaints shall provide for-

(a) notification to customers of the right to complain;

(b) availability of complaint form or any other written method for raising complaints;

(c) maintenance of a log of consumer complaints.

(3) All licensees shall file with the Commission within sixty days after the grant of licence their complaint handling procedures.

83. Universal service obligation.
(1) The Commission shall from time to time provide targets to facilitate the achievement of universal service obligation.

(2) In providing targets for the fulfillment of universal service obligations by postal licensees, the Commission shall have regard to-

(a) measurable quantity and quality of service standards for postal services in relation to customer satisfaction;

(b) speed, reliability and security of the service; and

(c) accessibility to and affordability of universal postal services.

(3) The provision of universal postal services shall be the responsibility of the public postal licensee:

Provided that the Commission may require any licensee for unreserved postal services to provide any or all universal postal services.

(4) In providing universal postal service obligations, the Commission may require the public postal licensee to provide such services in accordance with standards as may be prescribed by the Commission from time to time.

(5) The public postal licensee shall produce at least bi-annually directories of private letter boxes and bags and failure to produce such directories shall constitute a violation of a licence condition for which the Commission may levy a penalty.

(6) Any postal licensee who fails to provide universal postal services as stated in the licence or as required by the Commission shall be liable to a penalty of six thousand shillings for every month or part thereof during which such failure continues.

84. Issuance of postage stamps.
(1) The public postal licensee shall ensure that all postage stamps are engraved with subjects that are consistent with the broad philatelic objectives of Kenya.

(2) No reproduction of stamps shall be undertaken without the approval of the Commission.

(3) In considering any expedient issuance of definitive, commemorative and special stamp issues and related activities such as exhibitions, the public postal licensee shall foster fairness amongst all interested parties such as stamp collectors.

(4) All definitive stamp issued shall –

(a) run for between five and ten years;

(b) concern subject matters approved by the Commission;

(c) bear face values to be chosen by the public postal licensee; and

(d) be issued once every five years.

(5) All commemorative stamps shall be issued not less than six times but not more than six times annually and shall-

(a) concern a subject matter approved by the Commission; and

(b) bear face values to be chosen by the public postal licensee.

(4) Failure to comply with this regulation shall constitute an offence publishable by a fine of not less than six thousand shillings.

85. Reporting requirements.
(1) At the times stated in the licence or as may be prescribed by the Commission, postal licensees shall annually submit to the Commission a report containing-

(a) an annual report of accounts;

(b) pricing and tariff implementation fourteen (14) days before the prices or tariffs are implemented;

(c) quality of service performance;

(d) business plans;

(e) the new services introduced;

(f) any other information that the Commission may require.

(2) Save as may be agreed between the Commission and any licensee, all information provided pursuant to this regulation shall be treated as confidential business information and shall be dealt with in accordance with Part II of these Regulations.

86. Production of records and inspections.
(1) The Commission may require a postal licensee to produce or furnish the Commission at the time and place specified accounts, records and other documents or information as the Commission may require.

(2) Upon identification and production of a written authority from the Commission, any officer from the Commission, may in order to determine whether the provisions of the Act or these Regulations are being complied with, at any reasonable time and without prior notice enter the premises of a postal licensee and–

(a) inspect and make copies of or extracts from books, records or other documents;

(b) demand the production of and inspect the relevant licence; and

(c) inspect facilities and premises.

(3) Any person who obstructs an officer of the Commission from performing his or her duties and functions as provided in the Act or these Regulations shall be guilty of an offence and shall, if convicted, be liable to a fine not exceeding six thousand shillings or to imprisonment for a term not exceeding six months or to both.

87. Suspension or cancellation of licences.
(1) The Commission may, in accordance with the provisions of the Act or these Regulations suspend or cancel any postal licence.

(2) Upon the suspension or cancellation of a licence by the Commission, no licensee shall be entitled to a refund of any fees paid in respect of such licence.

88. Interconnection.
(1) A postal licensee may enter into any written agreement with another postal licensee to interconnect their postal services.

(2) An interconnection agreement referred to in paragraph (1), shall be filed with the Commission within thirty (30) days after the date of such agreement.

(3) No postal or courier licensee shall use a public postal licencee’s network to deliver mail outside Kenya except with prior written consent of that public postal licensee.

(4) No postal licensee shall bundle letters and insert into a public postal licensee’s network with the intention of having such bundles conveyed by that public postal licensee except with the written consent of that public postal licensee.

89. Disposal of undeliverable postal articles.
(1) Letters or other postal articles that are undeliverable due to an unreadable or non-existent address may be opened by a postal licensee and where the letter or articles is capable of being delivered based on information in the letter or article, the letter or article shall be delivered accordingly.

(2) Where a letter or postal article opened as provided in paragraph (1), is incapable of being delivered, but contains the sender’s address, it shall be returned to such sender.

(3) Where a letter or postal article is incapable of being delivered but has a sender’s address on it, it shall be returned to such a sender unopened.

(4) Every undeliverable postal article that has been opened and remains undeliverable may be kept for a minimum period of three months and may thereafter be destroyed:

Provided that where such a letter or postal article contains any thing of value or a saleable article, it shall be safely kept and a record thereof opened and maintained by any postal licensee for a period of six months and if unclaimed, the contents shall be disposed off in accordance with any written law.

(5) Where a letter or postal article is returned to a sender by reason of being undelivered as addressed and that sender refuses to take delivery of the same, the letter or postal article shall be dealt with as provided for in paragraph (4).

90. Scope.
(1) Except as provided in regulation 97, this Part shall apply to licensed services which are not open to competition and whose tariffs are subject to regulation by the Commission.

91. Price cap.
(1) All licensees whose tariff rates are subject to review by the Commission pursuant to the price cap condition provided for in respective licences shall file with the Commission applications for the adjustment of such tariff rates.

(2) All licences for services that are subject to price cap condition shall contain the period in which such tariffs may be adjusted once a year.

(3) The obligation to comply with the terms and conditions of the price cap shall extend from the date on which a licence becomes effective up to the period when the services whose tariffs are regulated are open to competition as provided for in the relevant licences or as may be determined by the Commission.

92. Applications for tariff approval.
All applications for approval of tariffs shall be filed with the Commission and shall-

(a) conform to the methodology and formula defined in the relevant licence or such other terms as the commission may prescribe; and

(b) contain relevant documentation, including all calculations and other information in support of the application.

93. Notice on tariffs.
(1) The Commission shall, at least sixty (60) days before approving any proposed tariffs submitted to it under regulation 93, give notice in the Gazette and in such other manner as it considers necessary-

(a) specifying the name and particulars of the licensee or class of licensees providing the service to which the tariffs relates;

(b) stating the reasons for the proposed review of the tariffs and the new tariffs;

(c) specifying the time within which representation or objections may be made to the proposed new tariffs.

(2) The Commission shall in considering the application for review of the tariffs take into account such written representations or objections received under paragraph (1) (c).

94. Decision on tariffs.
(1) Any proposed tariffs under the price cap condition shall be deemed approved if the Commission does not communicate its disapproval of the same to the applicant within sixty (60) days after receipt of the application or within fifteen (15) days after the applicant has furnished the Commission with any information sought and the Commission has not indicated its approval of the proposed tariffs.

(2) The Commission may reject an application for the imposition of proposed tariffs if it is of the view that the proposed rates are unjustifiable.

(3) A decision of the Commission rejecting the imposition of proposed tariffs shall-

(a) be in writing;

(b) state the reasons for the rejection; and

(c) be made available to the licensee.

(4) Upon approval by the Commission of any new tariffs, a licensee shall notify its customers of the new tariffs through publication in the Gazette or in such other publications as the Commission may determine and shall in such notice provide for a grace period of not less than fourteen days before implementing the new tariffs.

95. Investigation and suspension of tariffs.
(1) The Commission may, on its own motion or pursuant to a complaint made under this regulation, investigate any tariffs charged by a licensee.

(2) An application for investigation, suspension or rejection of any tariffs brought under subsection (1) shall-

(a) be in writing;

(b) specify the name and address of the petitioner and state the interest of such petitioner; and

(c) the reasons why such tariffs should be investigated, suspended or rejected.

(3) Where after the investigations, the Commission is of the view that the tariffs should be suspended or rejected, it may reject or suspend such tariffs:
Provided that in case of a suspension of the tariffs the Commission shall notify the licensee and give such licensee twenty (20) days to respond to the intended cancellation.

96. Tariffs (file and use).
(1) All licensees under the Act who provide services to the public shall file with the Commission schedules of their tariff rates including those of their agents and correspondents.

(2) All licensees whose services are not subject to the price cap condition shall file with the Commission changes to existing tariffs, including the terms and conditions applicable thereto but excluding special offers and other promotions.

(3) All licensees, unless exempted by the Commission, shall only charge their customers the filed tariffs and shall further ensure that all filed tariff rates are printed and kept open for public review and inspection and shall furnish its customers upon request with such schedules.

(4) In this Part unless the context otherwise requires-
“price cap” means a methodology where the price charge for a service is allowed to change by the rate of inflation over the initial price with an adjustment factor (X) based on factors such as technological changes, need to finance development infrastructure and need to adopt efficient working systems; and

“tariff-regulated services” means services offered by a licensee which are not open to competition and whose tariffs are subject to regulation by the Commission.

101. Roaming agreements.
(1) Mobile cellular telecommunications licensees may enter into agreements to provide roaming services on a reciprocal basis to every other licensee of mobile cellular service that requests such service.

(2) An agreement to provide roaming services shall, upon request, require a licensee to provide mobile cellular telecommunications to all subscribers of another licensee of a mobile cellular telecommunications system, while such subscribers are located within any portion of the licensee’s authorised geographic service area where facilities have been constructed and service to subscribers has commenced, if such subscribers are using mobile equipment that is technically compatible with the licensee’s base stations.

102. Registration of telecommunications contractors and vendors.
(1) Any person who intends to be a contractor of telecommunications wiring or a vendor of a telecommunications or vendors of such equipment or apparatus shall register with the Commission upon payment of the prescribed fees.

(2) Upon application and registration, the Commission shall issue such contractor or vendor with a registration certificate in the prescribed form.

(3) Any person who conducts any business of wiring, installing or maintaining customer premises equipment or vending of telecommunications equipment without a registration certificate from the Commission shall be guilty of an offence.

103. Fees.
The fees structure set out in the Second Schedule shall be applicable in respect of any application made under these Regulations and may be reviewed from time to time by the Minister.

Form No 1 Regulations 12, 69 and 77.

1. NAME OF COMPANY/PERSON TO BE LICENSED
(The Company or
person’s name should
be stated in full)

2. ADDRESS AND TELEPHONE NUMBER OF THE COMPANY/PERSON TO BE LICENSED
(The physical address, postal
address, telephone and fax numbers should be stated)

Physical address: Town ……….. Street/Road ……. LR No ……
Name of Building ………………. Floor …………….. Room ……….
Postal Address …………….….. P.O Box …………… Town ………
Telephone ……………………………. Fax …………………

3. INCOME TAX PERSONAL IDENTIFICATION NUMBER (PIN)

4. SHORT DESCRIPTION OF THE APPLICATION’S LICENSABLE SERVICE

(A single sentence description of what aspect of postal service the applicant is applying to be licenced in)

5. NAME OF COMPANY/PERSON TO BE LICENSED
(Give full details of the proprietors or partners owning the business or if the applicant is a Company the names of the directors and shareholders of the Company)

Where the Applicant is not a company

Name of proprietor Nationality Address Passport/ID No.
1 . …………. ………. ……… ………….
2 . …………. ………. ……… ………….
3 . …………. ………. ……… ………….
4 . …………. ………. ……… ………….
5 . …………. ………. ……… ………….
6 . …………. ………. ……… ………….
7 . …………. ………. ……… ………….

Where the Applicant is a Company
i) Name of Shareholder Nationality No. of shares held Passport/ID No.
1. ………………… …………. ………………... ……………….
2 ………………… …………. ………………... ……………….
3 ………………… …………. ………………... ……………….
4 ………………… …………. ………………... ……………….

ii) Name of Director Nationality Address Passport/ID No.
1. …………………. …………. ……… ……………….
2 …………………. …………. ……… ……………….
3…………………. …………. ……… ……………….
4…………………. …………. ……… ……………….

6. SHARE HOLDING
(i) Local ………………….% Foreign …………………………………%
(ii) Authorised Shares ……………… Issued Shares ……………………
(iii) Is the company listed in the Nairobi Stock Exchange? If yes, state the date on which it started trading.

7. REGISTRATION CERTIFICATE
Certificate No. ……………………………. Date …………………………

8. NAME AND ADDRESS OF THE BANK OR FINANCIAL INSTITUTION WHERE BUSINESS ACCOUNT IS MAINTAINED

9. DETAILS OF THE SERVICES PROPOSED AND MARKET TO BE SERVED
(Use separate sheet where necessary)

10. PERSONAL DETAILS

i) State whether any of the partners/directors/shareholders is undischarged bankrupt.
(If so, indicate the names)
………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

ii) State whether any of the partners/directors/shareholders have a beneficial interest in any other business licensed to provide or operate postal services.
………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

iii) Has any previous application by you been rejected under the Act? (If so, give details)
………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

iv) Has any previous licence granted to you under the Act been cancelled, suspended or modified? (If so, give details)

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

11. MANDATORY REQUIREMENTS
i) Certified copy of proof of shareholding from the Registrar of Companies
ii) Certified copy of proof of registration or incorporation in Kenya
iii) Certified copy of PIN card
iv) Non-refundable licence application fee of Kshs 10,000/=
v) Letter of application with Company seal (where applicable)

(All documents attached to this application should be certified as true copies of the originals)

12. COMPLETED APPLICATION FORMS SHOULD BE RETURNED TO:-

Director-General
Communications Commission of Kenya

13. DECLARATION

I/We hereby certify the information we have provided in this application is true and correct. I/We also understand that it is an offence under the Penal Code to give false information in support of any application.

Name …………………………………………………………………

Designation ………………………………………………………………..

Signature ……………………………………………………………..

Date ……………………………………………………………………...

The applicant MEETS/DOES NOT MEET the Commission’s requirements and is hereby RECOMMENDED/NOT RECOMMENDED for approval of licensing as
a ……………………………………………………
The reasons for not recommending the applicant are as follows:-
……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

Name ……………………………………………………. Designation ……………
Signature ………………………………………………… Date ……………………

Official stamp


FORM NO. 2

1. PARTICULARS OF VENDOR

(i) Full names of Company/Business
………………………………………………………………………………
P.O Box …………………………………… Tel No …………………………
Fax No…………………………………. E-mail …………………………….

(ii) Physical Address:
Town ………………………….. Estate ………………………. Street/Road …………
Name of building ……………………………. Floor ………………… Room ……….

2. DESCRIPTION OF EQUIPMENT

ITEM NO TYPE MANUFACTURER 7MAKE AND MODEL SERIAL NUMBER/IMEI COUNRTY OF ORIGIN

3. REQUIRED ITEMS

(i) Letter of Agency from manufacturer or principal distributor.
(ii) Non-refundable approval/acceptable fee of Ksh ……… vide Receipt No ………… of …………………
(iii) Sample of equipment/instrument model complete with associated accessories and attachments.
(iv) Detailed technical documentation (operation, programming, service, technical, circuitry) in English language.
(v) Test report (Results) from manufacturer or accredited laboratories and test schedules.
(vi) List from manufacturer stating other countries where the equipment is type approved and in service.

4. DECLARATION

I hereby apply for provisional Type Approval/Acceptance/authority to market the equipment(s) specified above in Kenya on behalf of my company. I certify that all the information I have given in this form is correct to the best of my knowledge.

Applicant’s
Name ……………………………………… Sign ……………. Date………
Contact Tel No …………………………….

5. FOR OFFICIAL USE ONLY

(i) Case No ………………………………………………..
(ii) Evaluation officers name ……………………… Sign ……………….
(iii) Approval Recommended/Not Recommended (Delete where not applicable).
(iv) TAC No……….. Approved/Not Approved/Deferred (Delete where applicable)

FORM NO 3 Regulation 57

1. PARTICULARS OF VENDOR
i) Full names of Company/Business
…………………………………………………………………
P.O. Box ……………………….. Tel No …………… Fax No ……….
Email …………………………

ii) Physical Address:
Town …………… Estate ………….. Street/Road …………………
Name of Building ……………… Floor……………….. Room……….


2. DESCRIPTION OF EQUIPMENT

ITEM NO TYPE MANUFACTURER MAKE AND MODEL

SERIAL NUMBER/IMEI COUNRTY OF ORIGIN

3. DETAILS OF INSTALLATIONS

ITEM NO MAKE, MODEL, TYPE OF EQUIPMENT DATE PROVISIONALLY APPROVED BY CCK & REFERENCE NUMBER DATE OF INSTALLATION
POSTAL, TELEPHONE, FAX, E-MAIL & PHYSICAL ADDRESS OF REFERENCE CONTACT PERSON & RANK IN ESTABLISHMENT

Please continue on a separate sheet. Also attach details of employees and their qualifications and details of workshop.

4. DECLARATION

I hereby apply for Final Type Approval/Acceptance/authority to market the equipment(s) specified above in Kenya on behalf of my company I certify that all information I have given in this form is correct to the best of my knowledge.

Applicant’s Name ………………………….. Sign …………… Date ………
Contact Tel No ………………………….

5. FOR OFFICIAL USE ONLY

(i) Case No …………………………………….
(ii) Evaluating officers name …………………… Sign …………
(iii) Approval Recommended/Not Recommended (Delete where not applicable).
(iv) TAC No./Item No ……….. Approved/Not Approved/Deferred (Delete where applicable).


FORM NO. 4 Regulation 56

1. PARTICULARS OF APPLICANT
(i) Full names of Applicant/Company
…………………………………………………………………
P. O. Box ……………………………… Tel No …………………………

(ii) Physical Address where the equipment will be used

Town ………….. Road/Street/Estate …….…… Building ……………

(iii) Details of Network in which the equipment is to be connected (i.e. Radio/Data etc) ……………………………………………………………………..

(iv) Type of service for which the equipment is intended to be used (e.g. ISP access, Bureau, Residential voicemail, etc)…………………………….

(v) Telephone/Circuit number(s) to which the equipment will be connected (where applicable) ……………………………………………………………..

2. DESCRIPTION OF EQUIPMENT

ITEM NO TYPE MANUFACTURER MAKE AND MODEL SERIAL NUMBER/IMEI COUNRTY OF ORIGIN

3. REQUIRED ITEMS

(i) Sample of equipment/instrument model complete with associated accessories and attachments.
(ii) Technical Manuals (Operation, Programming, specifications).
(iii) Non–refundable approval/acceptance fee of Kshs ……….. vide Receipt No…………… of ………………
(iv) Maintenance contract letter from registered Contractor (where applicable).
(v) Copy of purchase/import ownership documents.

4. DECLARATION

I hereby apply for authority to use the equipment specified above in Kenya. I certify that all information I have given in the form is correct to the best of my knowledge.

Applicant’s
Name …………………………………… Sign …………. Date …………
Contact Tel No ……………………………………………….

5. FOR OFFICIAL USE ONLY

(i) Case No ………………………………
(ii) Evaluating officers name ……………………. Sign ……………
(iii) Approval Recommend/Not Recommended (Delete where not applicable).
(iv) TAC No………………………….. Approved/Not Approved/Deferred (Delete where applicable).


FORM NO. 5 Regulation 18

1. Administrative details:

a) Name of the organization (or individual) ………………………
Nationality ……………… ID/PP
No …………………
Postal address ……………………………
Business Telephone ………………………… Fax …………………
Physical Location: Road/Street ………… Building ……… LR No…………

b) Name and postal address of the local supplier (if any) ……………
Postal address …………………
Business Telephone ………………….. Fax ………………

c) Type of radio communication service
service: ………………
• HF
• MF
• FM
(delete as appropriate)

d) Authorised broadcast
area(s) ……………………………………
(attach certified copy of broadcasting permit)

e) Name of person/organization responsible for payment of bills …………

2. Transmit Site Details:

i) Name ……………………………………………………….
ii) Land registration number ……………………………………
iii) Road/Area …………………………………………………
iv) Geographical co-ordinates:
Latitude: Degrees……… Minutes ………… Seconds … (N/S)
Longitude: Degrees …….. Minutes ………… Seconds …..(E)
v) Altitude above sea level (in meters) ………………………………..
vi) Relative height around 15 kilometer radius ……………………….

3. Transmitter Equipment Details:

a) Equipment and performance characteristics.
i) Name ………………………………………………………
Model ……………………………………………………...
Serial Number …………………………………………..
ii) Carrier output power …………………………………
iii) Effective Radiated Power (dBW) ………………..
iv) Transmission system (applicable to FM systems only):…
• System 1: Monophonic, max deviation +/-75 kHz
• System 2: Monophonic, max deviation +/-50 kHz
• System 3: Stereophonic, polar modulation, max deviation +/-50 kHz
• System 4: Stereophonic, pilot tone system, max deviation +/-75 kHz
• System 5: Stereophonic, pilot tone system, max deviation +/-50 kHz
v) RF bandwidth …………. Hz
vi) IF bandwidth at – 3dB level …………….. Hz
vii) RF Filter Loss ………………………….. dB

b) Transmit antenna details:

i) Type of antenna ……………………………….
ii) Antenna height above ground level ……………
iii) Relative antenna height around a 15 kilometer radius ……….
iv) Radiation pattern:

a) Omnidirectional: (YES or NO) ……………………
b) If not ominidirectional provide the following details:
(1) Azimuth of the main lobe …………………………..
(2) Angular beam width of the main lobe at the 3 dB point …
(3) Radiation suppression at every 10o (use a separate sheet of paper)

v) Antenna gain in dBi ………………………..

c) Feeder:
i) Feeder type …………………………………
ii) Attenuation per meter …………………… dB
iii) Total feeder loss …………………………dB

4. Miscellaneous data:
a) Hours of operation: From ……… Hours To …… Hours.
b) Proposed date of commencement of service …………

Date ………………… Signature of applicant ……………………….
Name: ………………………………………
Designation: ……………………………….
Official Stamp: ……………………………..


Form No 6 Regulation 18

1. Administrative details:

a) Name of the organization (or individual) …………………………
Nationality ……………………. ID/PP No. ……………………..
Postal address ……………………………………………………
Business Telephone …………………….. Fax ………………..
Physical Location: Road/Street …… Building ……… LR No…………

b) Purpose for which this service is required ……………………………………………………………………………………………………………………………………………………………
c) Name of person/organization responsible for payment of bills ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

2. Transmit Station:

(a) Transmitter site details (for fixed station):

i) Name …………………………….…
ii) LR No. ……………………………..
iii) Road/Area ……………………….…
iv) Geographical co-ordinates:

Latitude: deg …….. min. …….. sec …….(N/S)
Longitude: deg ………. min. …….. sec …...(E).

v) Altitude above sea level (in metres) …………
vi) Radius of service area in kms. ..……………

b) Equipment details:
i) Station Configuration: Fixed/Mobile (delete as appropriate)
ii) Make ……………………………
Model ………………………………
Serial Number ………………………

iii) Name and postal address of the local supplier (if any)
……………………………………………………..
Postal address ……………………………………….
Business Telephone ………………………………
Fax …………………………….

iv) Channel capacity ……………………….
v) Carrier output power
(Watts) …………….……………..…
vi) Duplex spacing ……………………………..
vii) Adjacent channel spacing …………………
viii) Power to antenna ………..……………….
ix) System deviation (or equivalent for digital systems) ………………..
x) FM noise and hum level (in case of analogue systems) ………
xi) Bit error rate (in case of digital systems) ………………………
xii) Conducted spurious emissions …………………………………
xiii) Radiated spurious emissions ………………………………….
xiv) Audio frequency harmonic distortion ………………………….
xv) Emission designation ………………………….
xvi) Operating frequency band ………………………………...
xvii) RF bandwidth ……………………………………………..
xviii) IF bandwidth at-3dB level …………………………..
xix) Receiver sensitivity rated at 12 dB SINAD …………….
xx) Receiver adjacent channel selectivity ……………………
xxi) Desensitisation …………………………………………….
xxii) Threshold/squelch level …………………………………….
xxiii) RF Filter Loss …………………………………………

c) Transmit antenna details:
i) Type of transmit antenna …………………………..
ii) Antenna height above ground level ……………………
iii) Relative antenna height around a 15 kilometre radius ………………..
iv) Directivity ……………………………
v) Azimuth of the main lobe ………………….
vi) Angular beam width of the main lobe at the 3 dB point ……………………
vii) Antenna gain in dBi ……………………………………

d) Receiving antenna details (if different from transmitting antenna):
i) Type of receiving antenna and its directivity …………………..
ii) Azimuth of the main lobe ………………….
iii) Angular beam width at the 3 dB power point ………………
iv) Receiving antenna gain in dBi …………………………

e) Feeder:
i) Feeder type …………………………….
ii) Attenuation per metre …………………..
iii) Total feeder loss ………………………

3. Associated Receiving Station.
a) Receiver site details:
i) Name ………………………………………………
ii) LR. No. …………………………………………..
iii) Road/Area ………………………………………..
iv) Geographical co-ordinates:
Latitude: deg ………….. min. ……….. sec ……….(N/S)
Longitude: deg …..…….. min. ……..….. sec …..….(E).
v) Altitude above sea level (in metres) ……………
vi) Antenna height above ground level …………….
vii) Relative antenna height around a 15 kilometre radius ………………

4. Miscellaneous data.

a) Maximum hours of operation …………………………..
b) Class of station ........................ Nature of service ………..
(Insert prefix, see NOTE 1 & 2)
c) Proposed date of putting into use …………………………….
d) Path length in kms (for FIXED service) …………………….
e) Radius of service area in kms (for MOBILE service) ………………
f) Registration numbers of vehicles to be fitted with mobiles ………….

Date …………………. Signature of applicant: …………..
Name: ………………….
Designation: ……………………..

(A) FACILITY–BASED NETWORK OPERATORS

(B) VENDORS, CONTRACTORS, INSTALLERS AND MAINTAINERS OF TELECOMMUNICATIONS WIRING AND TERMINAL EQUIPMENT

(C) TECHNICAL PERSONNEL

(D) MOBILE SATELLITE SERVICES

13. Alarm systems-
The basic charge for each alarm unit is Ksh.1250, but the specific charges for each particular customer will be determined by the applicable charge grouping.

14. Broadcasting Stations & fixed satellite earth stations
The fee payable for broadcasting stations and fixed satellite earth stations is commensurate with the power and the occupied bandwidth, and calculated on the basis of these parameters using the following formula:-

Fees per transmitter or carrier in Kenya shillings is :

=K1log10 P nom (watts)+ K2log10 (P tot – 1000) x BW(kHz) x 574.10
25 watts 25 watts 8.5 kHz

Where,
a) K1 = 1 for the first 1 kW of radiated carrier power

b) K2 = 0.2 for additional power above 1 kW.

c) 25 watts is the maximum power allowable for VHF base stations.

d) 8.5 kHz is maximum allowable RF bandwidth for VHF base stations.

e) Pnom is the nominal transmitter power.

f) Ptot is the effective isotropically radiated power.

g) Bandwidth is the width, of frequency band that is just sufficient to ensure that transmission of information at a rate and with the quality acceptable under specific conditions.

15. Terrestrial Links (Fixed station Licence)

A licence to establish a radio communication station at a fixed location for carrying on a fixed Radiocommunication Service to provide a public service.

This category of license is drawn for radio stations used to interconnect two specified fixed points.

The fee payable for this licence is based on the occupied bandwidth, and is calculated using the following formula:-

The fee, F (KShs.) per transmitter per location is:

F (Kshs.) = RF Bandwidth( kHz) x Number of RF channels x K1 X Unit fee
8.5 kHz

Where, unit fee =574.10, as Kshs. 574.10, is the unit spectrum fee for a 8.5khz band.

K1 =0.6 for frequency band <1700mhz
= 0.5 for frequency band 1700 to 10000 Mhz
= 0.4 for frequency band > 10000 Mhz.

Where RF means Radio Frequency, and other parameters are as defined above.

Transmitter shall include terminal and repeater stations.

The formula is applicable to point-to-point links, microwave radio relay equipment, studio-to-transmitter links etc.

16. Cellular Networks and Fixed Wireless Access networks

Licence to establish a fixed radio station to perate a mobile cellular radio service and Fixed wireless Access.

Fee F(Ksh) = 2 x RF Bandwidth(kHz) x (number of cell sites) x
1043.65 8.5 kHz

The parameters are as defined above.

17. Trunked Network (Mobile Trunked Radio Licence)

A licence to operate a private trunked radio network

The fee, F per transmitter per location is:

F(Ksh) = RF Bandwidth(kHz) x (number of cell sites) x 574.10
8.5 kHz

The parameters are as defined above.

18. Alarm Systems

The basic charge for each alarm is Kshs 1250, where the specific charges for each particular customer will be determined by the applicable charge grouping.

19. Single channel radios

The fee, F per transmitter per location is:

F (Ksh) = RF Bandwidth(kHz) x 1043.65
8.5 kHz

20. The Commission is not bund to use any or all of the above formulas if in its opinion the service involved require technical or other considerations. Spectrum fees for radio equipment not covered in the above schedule shall be determined at the time of application.

(A) GENERAL

Notes:

(a) A telephone shall be deemed to be executive if it has both loop disconnect and dual tone multi frequency dialing modes and any two of the following features:

(i) memories for storing telephone numbers;

(ii) liquid crystal display; and

(iii) full hands free facility.

(b) Answering facility means an in built answering and recording facility for voice and fax messages.

(C) OTHER SERVICES

(i) General Information Services

List of Type Approved equipment Ksh. 50 per equipment type

(ii) Technical Information

Technical specifications Ksh. 200 per equipment type

(iii) Miscellaneous services

Exhibition/Demonstration of equipment/System:

Registered vendor:
Ksh. 1,000 first day
Ksh. 500 each
consecutive day

Non-registered vendor: Ksh. 2,000 first day
Ksh. 1,000 each
consecutive day

Copy of Type Approval certificate/Ksh. 250

Change of name on certificate

Letter of no objection to
import equipment. Ksh.250

POSTAL LICENCE AND OPERATING FEES

Made on the 20th April, 2001.