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CAP. 411A
[Subsidiary]
Kenya Information and Communications
[Rev. 2011
(b) ensure proper planning, utilization and management of the spectrum
resource in accordance with the Act, Government of Kenya Policy
objectives, international agreements;
(c) promote the efficient use of frequency spectrum resource through
the adoption of latest technical advances and efficient spectrum
allocation and management technology based on operational
requirements and technical viability;
(d) ensure the equitable and fair allocation and assignment of spectrum
to benefit the maximum number of users.
Eligibility for
licenses.
4. The Commission shall publish guidelines that shall specifying the
persons eligible and eligibility criteria for the grant of spectrum licences from
time to time.
General licensing
conditions.
5. (1) A person shall not possess, establish, install or use any radio
communication station which requires licensing under these Regulations in
any place or on board any local vessel, aircraft or vehicle, unless that person
has a valid licence granted by the Commission.
(2) A radio communication licence shall not confer any ownership rights
of the frequency on the licensee.
(3) A licensee shall not transfer frequencies assigned and the rights therein
without the written consent of the Commission.
(4) A licensee shall comply with the provisions of the International
Telecommunications Convention.
(5) Where the authorization is for a period not exceeding one month,
the Commission may grant temporary authorization for the utilization of the
frequency spectrum and the minimum applicable fee will be for a period of
one month.
Application criteria
for approval.
6. (1) The Commission shall, when considering an application for
frequency assignment, take into consideration—
(a) spectrum availability for the type of service and proposed
location;
(b) whether the proposed service can be satisfied by any other means
of communication;
(c) the distress and safety radio communication services which require
protection from harmful interference; and
(d) the current technical advances that ensures the most efficient
spectrum use.
(2) The Commission may assign a frequency or frequencies to the