Rev. 2011]
Kenya Information and Communications
CAP. 411A
231
[Subsidiary]
(e) agree with a licensee seeking interconnection on a facility that
is based in the central office of either party to complete the
transmission; and
(f) charge a fee according to filed tariffs.
(3) The terms and conditions for co-location or sharing of facilities
shall be subject to a commercial and technical agreement between the parties
concerned and the Commission may intervene to resolve disputes arising from
such agreements.
20. (1) A Facilities licensee shall facilitate access to network facilities Network access and
in the following manner—
facilities.
(a) access to network facilities shall be commercially agreed upon
between the facilities acquirer and the facilities licensee;
(b) request for access to network facilities shall be reasonable and
in writing;
(c) a facilities licensee and a facilities acquirer shall negotiate access
to network facilities, at all times, in good faith;
(d) a facilities licensee shall submit a copy of a concluded access
agreement to the Commission within thirty days after the
conclusion;
(e) the Commission may authorize access to essential facilities of
dominant telecommunications service providers; and
(f) a facilities licensee who has been authorized to provide access to
network facilities shall be entitled to levy a charge for such access
to enable it recover economic costs and ensure a reasonable rate
of return;
(2) A facilities provider shall treat each—
(a) facilities acquirer on a basis that is non-discriminatory in its
provision of facilities and no less favourable than the treatment
which the facilities provider affords to its subsidiaries, its affiliates,
or other similarly situated facilities acquirers;
(c) communication network service of a facilities acquirer on a basis
that is non-discriminatory and no less favourable than the treatment
which the facilities provider affords to the electronic communication
network services of itself, its affiliates, or other similarly situated
facilities acquirers; and
(d) customer of a facilities acquirer on a basis that is nondiscriminatory
and not less favourable than the treatment which the facilities