258
CAP. 411A
[Subsidiary]
L.N. 57/2010.
Citation.
Interpretation.
Kenya Information and Communications
[Rev. 2011
THE KENYA INFORMATION AND COMMUNICATIONS
(IMPORTATION, TYPE APPROVAL AND DISTRIBUTION OF
COMMUNICATIONS EQUIPMENT) REGULATIONS, 2010
1. These Regulations may be cited as the Kenya Information
and Communications (Importation, Type Approval and Distribution of
Communications Equipment) Regulations, 2010.
2. In these Regulations, unless the context otherwise requires—
“communication equipment” means telecommunication equipment, radio
communication equipment or broadcasting apparatus;
“national standards” means the Kenya standards established by consensus
and approved by the Kenya Bureau of Standards, that provide, for common
and repeated use, rules, guidelines or characteristics for products and services
and related processes or production methods, aimed at achieving the optimum
degree of order in a given context including terminology, symbols, packaging,
marking or labeling requirements as they apply to a product, process or
production method;
“operating network” means a network that can carry communications
traffic in the form of voice or data;
“service provider” means a person providing communication services
under the Act;
“type acceptance” means the process of evaluating communications
equipment that has been type approved by a recognized foreign national
regulatory authority with a view to ensure conformity of such equipment to
national standards;
“type approval” means a method of checking the compatibility of
communications equipment with any operating communication network and
the conformance of such equipment to national standards.
Equipment subject to
type approval.
3. (1) All communications terminals, network equipment and
communications equipment to be used for connection or access to the public
operating communication networks, wireless communications equipment and
radio communications equipment intended to be connected directly or to inter
work with a communications network in Kenya to send, process or receive
information shall prior to their use be submitted for type approval or type
acceptance by the Commission.
(2) The Commission shall grant type approval for each type of equipment
once, and subsequent users of the same type of equipment shall not apply to
the Commission for approval.
(3) Notwithstanding paragraph (2), where there is a change of model,
design or specification of equipment which had been type approved by the
Commission, the equipment shall be re-submitted for type approval.