230
CAP. 411A
[Subsidiary]
Kenya Information and Communications
[Rev. 2011
to ensure that the interconnecting operators do not pay for network elements
or facilities which are not necessary and shall contain a description of the
components of the offer, associated terms and conditions, including the structure
and level of prices.
(5) The reference access offers shall be sufficiently unbundled to ensure
that the access seekers do not pay for network elements or facilities which are
not necessary and shall contain a description of the components of the offer,
associated terms and conditions, including the structure and level of prices.
(6) Where applicable, the reference access offers shall, where applicable,
include detailed information related to access to—
(a) network elements and associated facilities, which may involve the
connection of equipment, by fixed or non-fixed means;
(b) physical infrastructure including buildings, ducts and masts;
(c) relevant software systems including operational support systems,
access to number translation or systems offering equivalent
functionality;
(d) fixed and mobile networks, in particular for roaming, access to
conditional access systems for digital television services; and
(e) access to virtual network services.
Co-location.
19. (1) Where a licensee has the right to install facilities on, over or
under private land or take advantage of a procedure for the expropriation or
use of property, the Commission shall encourage the sharing of such facilities
and property with other licensees, in particular, where other licensees do not
have access to viable alternatives.
(2) A service provider providing such co-location shall—
(a) file with the Commission a schedule of fees charged for colocation;
(b) agree on a meet-point with another licensee seeking interconnection
and designating location for interconnecting the network;
(c) provide reasonable, just, and non-discriminatory rates, terms and
conditions for physical collocation of equipment necessary for
interconnection or for providing access to the unbundled network
elements at the licensee’s premises;
(d) resort to virtual co-location, requiring interconnection at a
place outside the licensee’s usual premises such as switching,
transmission, or main distribution door frame room if it is
demonstrated that physical co-location is not practical for technical
reasons or for space limitations;