196
CAP. 411A
[Subsidiary]
L.N. 27/2010,
L.N. 149/2010.
Citation.
Interpretation.
Kenya Information and Communications
[Rev. 2011
THE KENYA INFORMATION AND COMMUNICATIONS
(TARIFF) REGULATIONS, 2010
1. These Regulations may be cited as the Kenya Information and
Communications (Tariff) Regulations, 2010.
2. In these Regulations, unless the context otherwise requires—
“information and communications technology service” means any
transmission of information by wire, radio waves, optical media, postal or other
means between or amongst points of user’s choice;
“just and reasonable tariffs” means tariffs that enable a licensee to
maintain its financial integrity, attract capital, operate efficiently and fully
compensate investors for risks borne;
“licensee” means a person licensed under the Act;
“promotion or special offer” means any information, whose content is
controlled directly or indirectly by a licensee, that is expressed in any language
and communicated through any medium with the intention of influencing the
choice, opinion or behaviour of consumers;
“tariff” means any charge, price, levy and underlying terms and
conditions imposed by a licensee for the services provided;
“regulated services” means a service offered or supplied by a licensee—
(a) in a market or market segment that is uncompetitive or
L.N. 29/2010.
(b) subject to price controls by the Commission on the basis that
the provider of the service has been found to be dominant in the
relevant market and the Commission has judged that the price
control is appropriate, pursuant to both the Kenya Information and
Communications (Fair Competition and Equality of Treatment)
Regulations, 2010 and regulation 4 of these Regulations.
“uncompetitive market” means market or market segment in which there
is no competition in the provision of service or in which consumer choice of
service provider or service is either absent, limited, impeded, obstructed or
constrained.
Purpose and object.
L.N. 149/2010.
3. (1) The purpose of these Regulations is to provide a framework for
the determination of tariffs and tariff structures.
(2) Without prejudice to the generality of paragraph (1), these Regulations
seek to—
(a) ensure licensees maintain financial integrity and attract capital;
(b) protect interests of investors, consumers and other stakeholders;