216
CAP. 411A
Kenya Information and Communications
[Rev. 2011
[Subsidiary]
this regulation.
L.N. 150/2010.
(6) A licensee shall promptly, on request, supply financial information to
the Commission to the level of detail specified by the Commission.
Obligations of
licensees
11. (1) All licensees shall provide uniform, non-preferential service on a
first-come-first-served basis to all persons within a covered geographical area
or a given class who request for such service.
(2) A licensee shall not violate the principle of equal access and non
preferential treatment if it—
(a) considers the ability of a person to pay for a service when deciding
whether to provide a service to the person; or,
(b) makes other rational classifications among subscribers, suchas
business and residential, and to provide service on thebasis of the
classification.
Guidance.
12. (1) Where a licensee intends to enter into an agreement or take any
action that may affect another licensee in the same market segment, it may seek
guidance from the Commission at least thirty days prior to the entering into the
agreement or taking of such action.
(2) The Commission’s shall respond within thirty days of receiving the
request under paragraph (1) stating whether the agreement or conduct is likely
to contravene these Regulations;
(3) Notwithstanding the provision of these Regulations, a licensee shall
ensure that all its agreements and conduct are lawful.
Investigations into
complaints of unfair
competition and
discrimination.
13. (1) The Commission may, on its own motion or upon a complaint,
investigate a licensee whom it has reason to believe has committed an act or
omission, or is alleged to have committed an act or omission, or to have engaged
in a practice, breaching the requirement for fair competition or equality of
treatment.
(2) When conducting an investigation under section 84S and 84T of the
Act, the Commission may—
(a) require the production of any document or information that is
specified or that falls within a specified category, which it considers
relates to any matter relevant to the investigation, at a time and
place, and in the manner or form specified;
(b) take copies of, or extracts from any document produced;
(c) require an explanation of any such document; and
(d) where a document is not produced, require a statement specifying
where it can be found;