Rev. 2011]
Kenya Information and Communications
CAP. 411A
for the purpose of the provision of interconnection, or giving advise
thereon;
229
[Subsidiary]
(b) to persons to whom such disclosure is authorised by that other
party;
(c) where such disclosure is authorized or required by law; and
(d) to the Commission.
(2) Confidential information relating to interconnection of a party received
by another party, or business information generated by the telecommunications
system of a party as a result of interconnection, shall be used solely for the
purpose of providing interconnection, and shall not be disclosed to any person
involved in the development or provision of retail services of the other party,
its subsidiaries or affiliates.
(3) The provisions relating to confidentiality of any matter in an
interconnection agreement shall not prevent the disclosure by the Commission
of any provisions therein due to public interest or pursuant to a legal process.
18. (1) Where the Commission issues an order requiring a dominant
telecommunications service licensee to publish a reference interconnection
offer or a reference access offer, the licensee shall, unless otherwise determined
by the Commission—
(a) submit a proposed reference interconnection or reference access
offer, as the case may be, to the Commission for review and
approval within three months after the issuance of the order by the
Commission; and
(b) be subject to the terms and conditions of the approved reference
interconnection or reference access offer approved by the
Commission, subject to any amendments considered appropriate
by the Commission, within three months after the issuance of the
order by the Commission.
(2) Prior to approving any reference interconnection or reference access
offer or any amendments thereto, the Commission may—
(a) request for additional information or clarification from the dominant
telecommunications service licensee with regard to the proposed
reference interconnection or reference access offer; or
(b) consult with the industry and public on the proposed reference
interconnection or reference access offer.
(3) The Commission may publish guidelines or models for the uniform
sector-wide application of reference interconnection or reference access offers,
which shall be used by all dominant telecommunications service licensees.
(4) The reference interconnection offers shall be sufficiently unbundled
Reference
interconnection offer
and reference access
offer obligations.