200
CAP. 411A
Kenya Information and Communications
[Rev. 2011
[Subsidiary]
under paragraph (2) (c).
Decision on tariff
revision application.
L.N. 149/2010.
9. (1) The Commission shall, within thirty days of notification under
regulation 8 (1), approve or reject such application.
(2) The Commission may reject an application for the revision of a tariff
if it is of the view that the proposed tariff is unjustifiable, unfair or unreasonable.
(3) A decision of the Commission rejecting a proposed tariff shall(a) be in writing;
(b) state the reasons for the rejection; and
(c) be made available to the provider.
(4) Where the Commission approves a new tariff, a licensee shall notify
its customers of the new tariff through publication in two local daily newspapers
with nation wide circulation or through any other method as the Commission
may determine and shall in the notice provide for a grace period of not less
than fourteen days before implementing the new tariff.
(5) A licensee who contravenes this Regulation commits an offence.
Investigation of
tariffs.
L.N. 149/2010.
10. (1) The Commission may on its own motion or pursuant to a
complaint made under this regulation investigate any tariff set by a licensee
where the tariff is anti-competitive.
(2) A complaint about a tariff brought under paragraph (1) shall—
(a) be in writing;
(b) specify the name and address of the complainant;
(c) state the interest of the complainant; and
(d) state the reasons why the tariff should be investigated.
(3) Where after investigations under regulation 10 (1), the Commission
is of the view that the tariff is anti- competitive and should be adjusted, it may
recommend to the licensee to make the necessary adjustments on the tariffs.
Provided that where the Commission intends to adjust the tariffs after
investigation, the Commission shall notify the licensee and give the licensee
twenty days to respond to the intended adjustment.
Promotions and
special offers.
L.N. 149/2010.
11. (1) The Commission may from time to time issue guidelines on
promotions and special offers.
(2) A licensee shall apply for approval, at least four days before the date
of the implementation of a promotion or special offer, and shall file all details