Rev. 2011]

Kenya Information and Communications

CAP. 411A

199

[Subsidiary]
(a) conform to the form, manner and methodology prescribed by the
Commission; and
(b) be accompanied by relevant documents, including all calculations,
notes and any other information in support of the application.
(4) Where the Commission does not approve the tariffs proposed by a
licensee for a regulated service and recommends that the licensee to makes
the adjustments specified to the proposed tariffs, the licensee shall adjust the
proposed tariff accordingly.
(5) (Deleted by L.N. 149/2010.).
(6) A licensee shall not discontinue the provision of a regulated service
without the prior written approval of the Commission.
(7) Where the Commission determines that a service no longer meets
the conditions that describe a regulated service, the Commission shall through a
gazette notice notify the public that the service is no longer a regulated service.
(8) (Deleted by L.N. 149/2010.).
(9) A licensee who contravenes this Regulation commits an offence.
7. (1) A licensee who wishes to increase the tariffs for a regulated service Review of tariffs for
shall file an application for approval of the increase with the Commission in regulated services.
the prescribed manner, at least forty-five days before the proposed increase is
intended to come into effect.
(2) The obligations that relate to the provision of a regulated service L.N. 149/2010.
shall cease when the Commission determines that tariff regulation is no longer
necessary in view of market developments.
8. (1) The Commission shall, within seven days after receiving an Notice on review of
application to increase the tariff of a regulated service under these Regulations, tariffs for regulated
place a notice in the Gazette and in such other manner as it considers necessary. services.
L.N. 149/2010.
(2) The notice under paragraph (1) shall—
(a) contain the name and particulars of the licensee or class of licensees
providing the service to which the tariffs relates;
(b) state the new tariff and the reasons for the proposed review of the
tariff; and
(c) specify the period, which shall not be less than thirty days, within
which written objections or representations to the proposed new
tariff may be made.
(3) The Commission shall in considering the application for tariff
revision take into account any written representations or objections received

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