Rev. 2011]
Kenya Information and Communications
CAP. 411A
(3) The interconnect licensee shall inform the interconnecting operator
in writing within fourteen days of receipt of the request for interconnection
of its ability and willingness to supply the form of interconnection requested
within the time frames requested by the interconnecting licensee and its ability
to commence negotiations on the date requested.
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[Subsidiary]
(4) Where the parties do not agree on the date to commence negotiations,
the Commission shall facilitate negotiations to an interconnection agreement
on a date specified by the Commission.
(5) Where the Commission is of the view that parties to an interconnection
agreement have taken longer than necessary to negotiate and conclude an
interconnection agreement, and the proposed charges to an interconnection
agreement are unreasonable and do not promote effective competition the
Commission shall make a determination to be applicable during the time
when negotiations are going on and the time within which negotiations on
interconnection are to be completed.
(6) Where a party or any other person alleges that there has been a
contravention or failure to comply with the provisions of the Act, Regulations
and any guidelines on interconnection or an interconnection agreement, the
Commission shall investigate and make a decision.
(7) Where the interconnect licensee has informed the interconnecting
licensee that it is able to provide interconnection, it shall ensure that the
system conditioning and provisioning procedures required to provide such
interconnection are undertaken within the time required by the interconnecting
licensee.
(8) Disputes that relate to the timely provision of interconnection or notice
of planned changes shall be submitted to the Commission for determination.
14. (1) Parties to an interconnecting agreement shall establish and Establishment and
maintain points of interconnection at any technically feasible points agreed location of points of
by the parties.
interconnection.
(2) An interconnecting licensee shall, in sufficient detail, notify the
interconnection licensee of the points at which they wish to be interconnected
to enable the interconnection licensee to assess the systems conditioning and
other requirements for establishing such points of interconnection.
(3) Points of interconnection shall be established as soon as practicable
following a request and not later than thirty days from the date of the request.
(4) Unless otherwise determined by the Commission, interconnecting
licensees shall be responsible for the cost of building and maintaining the points,
data fill and switching capacity to support the interconnection and for the costs
of transport from their points of origination to points of interconnection.
(5) Licensees providing interconnection services may mutually agree
on the point of interconnection and share the costs of establishing such points
of interconnection.