220
CAP. 411A
[Subsidiary]
Kenya Information and Communications
[Rev. 2011
“network facility” means any element that forms part of an electronic
communications network and includes any wire, cable, antenna, mast or other
thing which is or may be used for or inconnection with communications;
“point of interconnection” means a mutually agreed upon point where
the exchange of traffic between the telecommunication system or apparatus
of an interconnect provider and the telecommunications system or apparatus
of an interconnecting licensee, takes place, including the exchange of traffic
between a local access provider or mobile cellular communication service
provider (where applicable) and another licensed telecommunications network
service provider;
“private network licensee” means the licensee of a telecommunications
system that provides private telecommunication services for its own use;
“public network licensee” means a provider of a public telecommunications
service;
“reference access offer” means a document setting out the terms and
conditions under which an interconnect licensee undertakes to permit access
to its telecommunications network in a nondiscriminatory manner;
“reference interconnect offer” means a document setting out theterms
and conditions under which an interconnect licensee undertakes to permit
interconnection to its telecommunications network in a nondiscriminatory
manner;
Application.
Rights and
obligations to
interconnect.
3. These Regulations shall apply to all interconnect licensees and
interconnecting licensees, including the form and content of interconnection
agreements, access and facilities.
4. (1) An interconnecting licensee shall, subject to compliance
with the provisions of the Act and any guidelines on interconnection of
telecommunications systems and services that the Commission may from time
to time publish, have the right to choose its interconnection licensee to route its
data traffic and calls towards customers of another licensee.
(2) Notwithstanding paragraph (1), an interconnecting licensee shall route
its data traffic and calls towards international destinations through a licensee
who has been licensed to provide the service.
(3) An interconnection licensee shall have the right and, when requested
by an interconnecting licensee, an obligation, to negotiate the interconnection
of its telecommunications system, facilities and equipment with the
telecommunications system, facilities and equipment of the interconnecting
licensee, in order to provide end-to end connectivity and interoperability of
services to all customers.
(4) A interconnection licensee shall accept all reasonable requests for
access to its telecommunications system at the network termination points
offered to the majority of the interconnecting operators.