268

CAP. 411A

Kenya Information and Communications

[Rev. 2011

[Subsidiary]
authorization from the Commission.
(5) A licensee shall require the written consent of the Commission where
a licensee proposes to—
(a) increase the height of a structure supporting the radiating portion
of the antenna;
(b) relocate an antenna where such relocation would involve a change
in the geographic co-ordinates of latitude or longitude by as much
as one second, or relocation involves a change in street address;
(c) change in antenna parameters, including height, number of antenna
elements, radiation pattern or polarization.
(6) All licensees shall, unless exempted by the terms of authorization,
transmit the assigned call sign at the end of each complete transmission.
(7) The transmission of the call sign at the end of each transmission shall
not be required in cases of projects requiring continuous, frequent or extended
use of the transmitting apparatus, if, during the periods and in connection with
the use, the call sign is transmitted at least once every thirty minutes.
Sharing of
frequencies.

9. (1) The Commission may, where necessary, require a licensee to share
a frequency.
(2) The Commission shall implement the sharing through an arrangement
that shall not impose unreasonable burden to the licensee involved.

Frequency spectrum
pricing.

10. (1) The Commission may from time to time prescribe the methods
of determining frequency spectrum pricing.
(2) The Commission shall not avail frequency spectrum licences to
a licensee unless the licensee has paid frequency spectrum licence fees and
complies with the conditions imposed by the Commission.
(3) The Commission may recall frequencies assignments that have not
been utilized within the period specified in the licence.
(4) Where a frequency assignment is recalled for non-utilization, the
licence fee paid in accordance with paragraph (2) shall not be refunded.

Pricing parameters.

11. (1) The Commission shall adopt a pricing formula that reflects the
economic value of frequency spectrum in order to encourage efficient use of
frequency spectrum and stimulate growth.
(2) The pricing formula adopted under paragraph formula shall take into
account the following factors—
(a) size of spectrum assigned;

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