82
CAP. 411A
Kenya Information and Communications
[Rev. 2011
(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