"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—

"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 licenced 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 centres 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 utilise 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, or to 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—

"authorised frequency" means the frequency assigned to a radio station by the commission;

"authorised power" means power assigned to a radio station by the commission;

"fixed service" means a service of radio-communication between specified fixed points;

"fixed station" means a station in the fixed service;

"harmful interference" means any radiation or induction which endangers the functioning of a radio-navigation service or of a safety service or obstructs or repeatedly interrupts an authorised radio or telecommunication service;

"radio communication service" means service involving transmission, emission or reception of signs, images, signals, writings, and sounds or intelligence of any nature by radio waves;

"station authorisation" means any construction permit, licence, or special temporary authorisation issued by the Commission.

"call completion rate" means the ratio of successfully completed calls to the total number of attempted calls;

"calling line identity" means the information generated by a telecommunications system that identifies the calling number and forwards that information through that telecommunications network to a receiving telecommunications system;

"customer" means a user of telecommunications services offered by a telecommunications licensee;

"essential service" means any telecommunications service declared by the Commission in the Gazette to be an essential service for the purposes of these Regulations;

"interconnect capacity" means a transmission and switching capability and any other facility for connecting telecommunications networks of two or more telecommunications service licensees;

"interconnect provider" means a provider of a telecommunications service who, in accordance with a licence issued by the Commission, is required to provide interconnection service to other telecommunications licensees;

"interconnect operator" means a provider of telecommunication services who has interconnected or has requested that it be able to interconnect its telecommunications system to the telecommunications system of an interconnect provider;

"interconnection agreement" means an agreement, entered into, before or after the coming into force of these Regulations, between interconnect provider and an interconnect operator in relation to the interconnection of their telecommunication systems;

"interconnection information" means information in the possession or control of parties to an interconnection agreement or intending to interconnect their telecommunications networks and which may assist such parties to better formulate their interconnection or plans or to establish or maintain their telecommunication systems or a telecommunication service for the purpose of interconnection, which information may include —

"local access provider" means any person licensed by the Commission to provide telecommunications service within a telecommunications region or regions as prescribed by the Commission in its licence; and shall include regional telecommunications operators;

"long distance access provider" means any person licensed to provide inter-regional telecommunications services in accorfiance with a licence issued by the commission;

"major telecommunications systems provider" means a licensee with a market share of more that 25% of the revenue of the entire telecommunications market and has been declared by the Commission in the Gazette to be a major telecommunications systems provider;

"point of interconnection" means a mutually agreed upon point where the exchange of traffic between the telecommunication system or apparatus of an interconnect provider and the telecommunications system or apparatus of an interconnect operator, takes place, including the exchange of traffic between a local access provider or mobile cellular communication operator (as applicable) and another licenced telecommunications network operator;

"private operator" means the licensee of a telecommunications system that provides private telecommunication services for its own use;

"public operator" means a provider of a public telecommunications service or a public cellular mobile communications service;

"telecommunications region" means a geographic area prescribed by the commission within which a licensee is licensed to operate telecommunications systems and services;

"service provider" means a provider of a telecommunications service other than a private operator.