Rev. 2011]
Kenya Information and Communications
CAP. 411A
(2) A facilities acquirer who intends to acquire leased capacity shall
present a request for leased capacity, in writing, to a facilities licensee specifying
the requested location, quantity and other technical requirements.
233
[Subsidiary]
(3) A facilities licensee shall respond to a request under paragraph (2),
in writing within fifteen days of receipt of the request, stating whether the
required capacity can be supplied in accordance with the requested technical
requirements, the offered price, and the date upon which the installation of the
requested capacity shall be completed, which date shall not be later than ninety
days after receipt of the request.
(4) A facilities acquirer may apply to the Commission for permission to
establish its own network or infrastructure—
(a) where a facilities licensee is unwilling to provide the service or
(b) upon failure by the facilities licensee to—
(i) reply to a request within ninety days of receipt;
(ii) complete the installation of the required capacity within ninety
days of receiving the request; or
(iii) provide capacity at a reasonable price and at quality or technical standards which comply with telecommunication systems
requirements.
(5) The Commission may, upon receipt of an application made
under paragraph (4), authorize a facilities acquirer to establish the required
capacity.
22. Any dispute arising out of the application of these Regulations shall Dispute resolution.
be resolved in accordance with the Kenya Information and Communications
(Dispute Resolution) Regulations, 2010.
23. Part VII of the Kenya Communications Regulations, 2001 is Revocation of Part
revoked.
VII of L.N 168 of
2001.