Rev. 2011]

Kenya Information and Communications

CAP. 411A

applicant, and shall for that purpose take into account all technical data of the
equipment and associated accessories that the applicant is proposing to use.

[Subsidiary]

7. (1) The Commission may assign frequencies when it is satisfied that Assignment of
such assignment will not cause harmful interference to any station or licensee frequencies.
operating in accordance with the Kenya table of frequency allocations.
(2) A person licensed to operate and provide radio communication
systems and services shall apply to the Commission, for the assignment of the
necessary frequencies.
(3) Where the Commission is satisfied with an application, it may assign
the applicant a frequency, which the applicant shall use in accordance with the
prescribed technical and operating parameters.
(4) Where the frequencies applied for are not available, the Commission
may assign frequencies in an alternative frequency band.
(5) The Commission may impose such conditions as it may consider
necessary for the use of the assigned frequencies.
8. (1) A licensee who has been assigned frequencies bands for use Obligations of
shall—
licensees.
(a) maintain and provide, at the Commission’s request, an inventory
of frequencies assigned;
(b) keep the licence in force by regular payment of annual fees
prescribed by the Commission from time to time;
(c) put into use the assigned frequencies within the period specified
by the Commission;
(d) use such measures as may be prescribed by the Commission to
eliminate unauthorized emissions, harmful interference or illegal
use of the spectrum;
(e) optimize the utilization of frequency spectrum resource in the
manner prescribed by the Commission from time to time; and
(f) implement all the measures prescribed by the Commission from
time to time.
(2) The Commission may where it considers it necessary, require a
licensee to migrate to a new frequency band.
(3) The Commission shall implement the migration through an
arrangement that shall not impose unreasonable burden to the licensee
involved.
(4) A licensee shall not make material change to a licensed station
or change the station parameters specified in the licence, without a written

267

Select target paragraph3