dominant/major telecommunication service provider in line with the Act and
Regulations;
c.
That considering the prevailing high SMS wholesale termination rate of Ksh.2.00
per SMS relative to the pure LRIC cost of less than Ksh.0.01 per SMS, all
operators shall re-negotiate and file with the Commission lower mobile and fixed
SMS termination rates within three months from the date of this Determination to
reflect the lower pure LRIC costs of offering SMS termination services;
d.
That considering the impact of mobile money transfer services on the competitive
landscape in the telecommunications market in strengthening and sustaining a
“club effect” and the onerous charges imposed on non-registered users, the
Commission shall support any operators’ request to enter into investigating the
interconnectivity options for mobile money transfer services in line with
convergence especially with regard to charges to non registered users;
e.
That in the short to medium term, the Commission shall monitor the
developments of the market for infrastructure sharing and co-location and allow
pricing and other agreements to be reached through commercial negotiation. The
Commission shall, however, intervene and apply the pricing models for
infrastructure sharing and co-location developed as part of the review where
commercial negotiations fail to yield competitive results;
f.
That although the Commission considers broadband a nascent market, the
Commission
shall nonetheless closely monitor the development of the
interconnection framework for the broadband market and allow pricing and other
agreements to be reached through commercial negotiation. The Commission
shall, however, intervene where commercial negotiations do not yield optimal
results; and
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