Rev. 2011]
Kenya Information and Communications
CAP. 411A
135
[Subsidiary]
76. (1) No postal licence shall be transferred or leased without the written Transfer or lease of
consent of the Commission.
licence.
(2) Where a licensee intends to transfer or lease a postal licence, he shall
make an application to the Commission.
(3) An application for the transfer or lease of a license shall be in the
prescribed form completed by the person to whom the licensee intends to
transfer or lease the licence.
(4) The Commission shall in considering an application for transfer
or lease of a licence have regard to the same terms and conditions as when
considering the grant of a new licence:
Provided that the Commission may at its discretion reject an application
made under this regulation.
77. (1) An application for renewal of a licence shall be made in accordance Lapse and renewal of
with the provisions of each licence.
Licence.
(2) In considering an application for renewal of a licence, the Commission
shall have regard to the fulfillment by the licensee of the licence terms and
conditions in the previous licence period.
(3) An application for renewal of a public postal licence shall be made
at least six months before the expiry of the licence.
(4) A licensee may, during the prescribed period, apply for the renewal
of his or her licence.
(5) Where a licensee has complied with the Act, these Regulations and
the licence, a licence shall continue to be valid until such time as a decision
has been made regarding the application for the renewal.
78. (1) The Commission may from time to time require a person licensed Operation of reserved
to provide reserved postal services to provide such services to areas which are postal services.
not adequately served.
(2) A licensee for the provision of reserved postal services may provide
such services through a contract, agency or franchise without such agent or
franchisee being required to hold a licence under the Act.
(3) A licensee designated as a public postal licensee shall maintain
separate books of account for reserved postal services and unreserved postal
services and shall not cross-subsidise the prices for any service it offers in the
market for unreserved postal services with revenue from the sale of reserved
postal services.
79. (1) All postal licensees shall have the power to set tariffs for postal
services which are open to competition.
(2) All tariffs for unreserved postal services shall be made available to
Tariffs for unreserved
postal services.