232
CAP. 411A
[Subsidiary]
Kenya Information and Communications
[Rev. 2011
provider affords to its own customers of the customers of its
subsidiaries, its affiliates, or other similarly situated facilities
acquirers.
(3) A facilities licensee may refuse unreasonable requests for access to
its network facilities.
it-
(4) A request for access to network facilities shall be unreasonable if
(a) is not economically or technically feasible; or
(b) may result in the facilities licensee being unduly prejudiced.
(5) An access agreement shall be in writing and it shall, unless it is not
relevant to the access that has been requested, specify—
(a) the scope and specification of the facilities to be provided;
(b) access to all ancillary or supplementary services, or access to and
use of premises or land that are required to support the provision
of network facilities;
(c) service levels and the maintenance of facilities;
(d) charges for the facilities;
(e) billing and settlement procedures;
(f) ordering, forecasting, provisioning and testing procedures;
(g) the provision of co-location for facilities and the terms and conditions
in accordance with which co-location is to be provided;
(h) technical specifications, standards and inter-operability tests;
(i) information handling and confidentiality;
(j) duration, re-negotiation and review procedures; and
(k) dispute resolution procedures.
(6) A facilities licensee shall not be required to provide access where, in
the Commission’s view, it is not reasonable to require the facilities provider to
provide access including, among others, to circumstances where it is beyond
its control or it is not reasonably practicable.
Provisions for leased
capacity.
21. (1) A telecommunications licensee who intends to acquire leased
capacity in order to provide services licensed under the Act shall request for
the provision of such capacity from a facilities licensee.