226
CAP. 411A
Kenya Information and Communications
[Rev. 2011
[Subsidiary]
(c) not be designed to facilitate cross-subsidies by an interconnect
provider of its network;
(d) be below the retail charges levied by the interconnect provider
for the provision of any retail service that makes similar use of
those network elements that are required by both the retail and
interconnection service; and
(e) be sufficiently below retail service charges to allow for recovery
of the incremental retail costs associated with provision of the
retail service supported by the interconnection service that the
interconnect service provider would have to incur in order to
compete effectively with the interconnect provider at the retail
level.
(2) All charges for interconnection shall be structured to distinguish and
separately price—
(a) fixed charges for the establishment and implementation of physical
interconnection;
(b) periodic rental charges for use of facilities, equipment and resources
including interconnect and switching capacity; and
(c) variable charges for telecommunications services and supplementary
services.
(3) A licensee shall be free to acquire services from an interconnect
provider at any retail price offered by the interconnect provider without prejudice
to any rights to acquire the same or similar services under an interconnection
agreement.
(4) The Commission shall prescribe guidelines on interconnection
charging methodology from time to time.
Interconnection
procedures.
13. (1) All requests by an interconnecting licensee for any form of
interconnection shall be in writing and shall provide the interconnection licensee
with information relating to—
(a) the form of interconnection;
(b) the date for the commencement of negotiations;
(c) the approximate date the interconnection is required; and
(d) an estimate of the capacity required.
(2) A copy of the request for interconnection in paragraph (1) shall be
forwarded to the Commission by the requesting party within seven days of the
request by the requesting party.