210
CAP. 411A
Kenya Information and Communications
[Subsidiary]
L.N. 29/2010.
Citation.
[Rev. 2011
THE KENYA INFORMATION AND COMMUNICATIONS
(FAIR COMPETITION AND EQUALITY OF TREATMENT)
REGULATIONS, 2010
1. These Regulations may be cited as the Kenya Information and
Communications (Fair Competition and Equality of Treatment) Regulations,
2010.
2. In these Regulations unless the context otherwise requires—
Interpretation.
L.N. 150/2010.
“communications services “ means all services provided for under the
Act;
“licensee” means a person licensed under the Act;
“service agreement” means any agreement between a licensee and a
subscriber relating to provision and use of a communications service;
“subscriber” means a person who has entered into a service agreement
with a licensee and who is responsible for payment of all charges and rentals.
Purpose and object.
L.N. 150/2010.
3. (1) The purpose of these Regulations is to—
(a) provide a regulatory framework for the promotion of fair competition
and equal treatment in the communications sector; and
(b) protect against the abuse of market power or other anticompetitive
practices within the communications sector.
(2) Without prejudice to the generality of paragraph (1), these Regulations
seek to(a) provide for the standards and procedures to be applied by the
Commission in determining whether particular conduct is anticompetitive;
(b) clarify the agreements, conduct or practices that the Commission
shall consider to be anti- competitive, and prohibited under the
Act; and
(c) provide for the standards and processes that the Commission shall
apply when determining whether a communications licensee is
dominant in a given market.
Mandate of the
Commission over
competition matters.
4. (1) The Commission shall have the power to determine, pronounce
upon, administer and enforce compliance of all its licensees with competition
laws and regulations, that it relate to commercial activities in the communications
sector.
(2) In so far as such matters fall concurrently under the jurisdiction of
another statutory agency responsible for competition matters, the Commission
shall co-operate with the said agency in matters related to fair competition.