214
CAP. 411A
[Subsidiary]
Kenya Information and Communications
[Rev. 2011
order to facilitate conclusion of an agreement for interconnection,
including information on changes planned for implementation
within the next six months, unless provided otherwise by the
Commission;
(d) submit to the Commission for approval and publish a Reference
Interconnection Offer, sufficiently unbundled, giving the description
of the interconnection offerings broken down into components
according to the market needs and the associated terms and
conditions including tariffs; and
(e) provide access to the technical standards and specifications of its
telecommunications network with which another interconnecting
licensee shall be interconnected.
(2) Where a dominant telecommunications service provider abuses
its position when negotiating interconnection agreements, the Commission
shall—
(a) require the dominant telecommunications service provider to desist,
change its conduct or adopt a particular conduct; or
(b) declare the interconnection agreement wholly or partially
invalid.
(3) The Commission shall, before taking the action in paragraph (2) (b)
of this Regulation, request the dominant telecommunications service provider
to refrain from the conduct that is inconsistent withthese regulations.
(4) A dominant telecommunications service provider shall set charges
for interconnection based on an objective criteria, observe the principles of
transparency and cost orientation as set out in Regulation 11.
(5) The Commission may request the dominant telecommunications
service provider to prove that its interconnection charges are based on actual
cost and, where necessary request an adjustment of the charges or impose default
interconnection charges in the event the proposed adjustment is not implemented
by the dominant telecommunications service provider.
(6) A licensee that has been declared dominant in a market segment
shall—
(a) notify the Commission in writing of any proposal to change
interconnection charges in the form and manner as prescribed by
the Commission from time to time;
(b) sufficiently unbundle charges for interconnection, so that the
telecommunications licensee requesting the interconnection is
not required to pay for any item that is not related to the service
requested;
(c) maintain a cost accounting system that—