224
CAP. 411A
Kenya Information and Communications
[Rev. 2011
[Subsidiary]
(3) The Commission may request for information from the parties to
an interconnection agreement that it considers necessary to evaluate the terms
and conditions and the charges set forth in the agreement, and request that
the interconnection agreement be modified in the manner specified by the
Commission, in writing.
(4) Upon receipt of a request by the Commission to modify an
interconnection agreement the parties shall negotiate and submit a revised
interconnection agreement to the Commission within ten days of receipt of the
request by Commission.
(5) Where the parties are unable to agree on the requested modification,
the Commission may, if it determines that a negotiated agreement is not
achievable, provide an interconnection agreement tothe parties that includes the
terms and conditions and with the charges payable for the interconnection.
(6) Where licensees are in the process of negotiating an interconnection
agreement or have agreed on an agreement but the agreement is pending before
the Commission for approval, the parties may agree to exchange traffic based
on interim conditions and notify the Commission.
Provided that the conditions agreed on in the interconnection agreement
once approved by the Commission shall apply in respect of the period for which
the agreement is negotiated.
(7) A party who is aggrieved by the decision of the Commission may,
within fifteen days from the date of the Commission’s decision, appeal to the
Tribunal.
Confidentiality.
7. (1) A party to an interconnection agreement may, before the filing
of the agreement with the Commission, mark provisions containing trade or
operating secrets and the party shall additionally submit to the Commission
for review a modified version of the agreement which does not, in that party’s
view, disclose the trade or operating secrets.
(2) Where the Commission considers the marking unjustified, it shall
consult with the respective telecommunications service provider prior to
making a decision to allow third parties to inspect the agreements in whole or
in part and may subsequently restrict inspection to the modified version of the
interconnection agreement.
Interconnection.
8. (1) Any transmission of calls across and within telecommunications
systems shall be seamless to both the calling party and the party receiving the
call.
(2) All procedures for forecasting, ordering and provisioning
interconnection shall be efficient and shall occur within reasonable time
frames.
(3) All facilities or systems used for interconnection shall be provided
in sufficient capacity to enable the efficient transfer of information between