Rev. 2011]
Kenya Information and Communications
CAP. 411A
(8) Interconnection agreements shall not, directly or indirectly-
[Subsidiary]
(a) preclude or frustrate the exercise of rights or privileges given under
the Act or a licence or by any person;
(b) impose any penalty, obligation or disadvantage on any person for
exercising any rights under the Act or a licence;
(c) prohibit a person from providing an interconnection service which
that person is able to lawfully provide; or
(d) frustrate the provision of a telecommunications service by a person
is able to lawfully provide.
(8) The Commission may on its own initiative or upon the request of
a party—
(a) intervene in negotiations on agreements for interconnection where
no agreement is reached between the negotiating parties within six
weeks of the commencement of the negotiations; or
(b) set time limits within which negotiations on interconnection are to
be completed, which time limits shall not exceed six weeks unless
the Commission considers that a longer period is necessary.
(10) The Commission may from time to time issue technical, costing
and other relevant guidelines to guide licensees in negotiating interconnection
agreements.
(11) Where a telecommunications service licensee—
(a) enters into an interconnection agreement with another
telecommunications licensee, the Commission may review the
agreement to ensure that it conforms with the Act, Regulations and
any guidelines on interconnection of telecommunications networks
issued by the Commission; or
(b) has not interconnected its facilities upon request by another
licensee, the Commission shall require the licensee concerned to
interconnect its facilities in order to protect essential public interests
and may set the terms and conditions of the interconnection.
6. (1) Parties to an interconnection agreement shall file with the Approval of
Commission an application for approval of the proposed interconnection Interconnection
agreement at least fourteen days before the date of implementation of the Agreements.
interconnection agreement.
(2) Parties to an interconnection agreement shall file with the
Commission an application for approval of the renewal or extension of an
existing interconnection agreement at least fourteen days prior to the expiry
of the agreement.
223