198
CAP. 411A
Kenya Information and Communications
[Rev. 2011
[Subsidiary]
would prevent a potential abuse; and
(f) show that the declaration would be consistent with the objectives
of these Regulations.
Tariffs setting.
L.N. 149/2010.
4. (1) A licensee shall set tariffs that are—
(a) just and reasonable;
(b) sufficiently clear and enable the end-user to determine the
description of the service, the details relating to the nature of service
and charges payable for the service.
(c) (Deleted by L.N. 149/2010.).
(2) A licensee shall provide accurate billing information on tariffs to
enable customers to verify whether they are billed correctly.
(3) A licensee shall not apply tariffs that prevent market entry or distort
competition.
(4) A licensee who contravenes this regulation commits an offence.
(5) The tariff of a licensee shall be non-discriminatory and shall guarantee
equality of treatment.
(6) A tariff shall not be in breach of this regulation if it is shown that
there are legitimate commercial reasons for the tariff, such as different costs
of providing the service and different identifiable market segments that have
different ability to pay and different levels of usage and customer preference.
Filing of tariff rates.
5. (1) A licensee shall, on a quarterly basis, file the schedules of their tariff
rates, including those of its agents and correspondents with the Commission.
(2) A licensee shall not charge its customers using tariff rates that have
not been filed with the Commission under paragraph (1).
(3) A licensee shall ensure that all the tariff rates that have been filed
with the Commission are available to the public for review and inspection and
shall furnish its customers with the filed tariff rates, upon request.
(4) A licensee who contravenes this regulation commits an offence.
Tariff approval for
regulated services.
L.N. 149/2010.
6. (1) The Commission may from time to time publish in the Gazette a
schedule of regulated services.
(2) A licensee shall charge regulated services using tariffs that have been
file and approved by the Commission.
(3) Subject to regulation 7 all applications for approval of tariffs for
regulated services shall be filed with the Commission and shall—