Rev. 2011]
Kenya Information and Communications
CAP. 411A
221
[Subsidiary]
(5) The Commission may exempt an interconnection licensee from the
obligation under paragraph (1), where—
(a) an interconnection agreement is prohibited by law;
(b) the licence issued to a licensee does not permit a licensee to offer
the services for which the interconnection is requested;
(c) the requested interconnection is rendered impossible as a result of
technical specifications; or
(d) the interconnection would endanger the life or safety or result in
injury of any person or harm to the interconnect licensee’s property
or hinder the quality of the services provided by the licensed service
provider.
(6) The Commission shall publish any exemption granted under
paragraph (5) of this Regulation.
5. (1) An interconnect licensee shall provide interconnection information Negotiation of
to an interconnecting licensee upon receipt of written request.
interconnection
agreements.
(2) An interconnecting licensee’s request for interconnection shall be
given reasonable priority over customer orders of the interconnect licensee.
(3) Parties to an interconnection agreement shall negotiate in good faith
and reasonably endeavour to resolve disputes relating to the form and subject
of an interconnection agreement that may arise.
(4) Parties to an interconnection agreement shall negotiate freely between
themselves and each negotiating party shall not—
(a) intentionally mislead the other party;
(b) coerce the other party into making an agreement that it would not
otherwise have made; or
(c) intentionally delay or obstruct negotiations.
(5) The terms and conditions for interconnection of telecommunications
networks shall be based on the agreement reached between the parties to an
interconnection agreement and promote increased access and efficient use of
telecommunications systems, services and facilities.
(6) All interconnection agreements shall facilitate end-to-end
connectivity by ensuring that calls originated on the telecommunications
system of an interconnecting operator can be terminated at any point on the
telecommunications system of any other telecommunications service provider
on a non-discriminatory basis.
(7) The telecommunication system licensees shall make all interconnection
agreements between them in writing and specify—