270
CAP. 411A
Kenya Information and Communications
[Rev. 2011
[Subsidiary]
Inspection, sitting
and maintenance
of illuminated
towers and control
equipment.
14. (1) A licensee of a radio station that has an antenna structure shall
paint and illuminate the tower, perform routine inspections and maintenance
of the tower to ensure that it is properly marked and illuminated and on any
other associated control equipment, required.
(2) All licensees shall comply with directions given by the Commission
in consultation with the government agency responsible for civil aviation, in
matters relating to antenna towers.
(3) All licensees shall ensure that the sitting of antennas and towers
comply with all applicable laws to which they are subject to.
(4) All licensees shall ensure that the sitting and installation of
transmitters, antennas and towers comply with the laws and guidelines relating
to radiation limits that may be in force from time to time.
Radio spectrum
management and
monitoring facilities.
Disposal of
uncollected goods.
15. Where the Commission is of the opinion that a radio operation or
structure may cause harmful interference to its operation, the Commission
may restrict the installation or operation of radio communications apparatus
or erection of structures within a specified area from the Commission’s radio
monitoring facilities.
16. (1) The Commission may disable or confiscate any radio
communication apparatus or stations operated in contravention of the conditions
of its licence or in contravention of the Act and these Regulations.
(2) The confiscated equipment or apparatus may, if not collected by
a licensee, be disposed of in accordance with laws governing disposal of
uncollected goods.
Misuse of
frequencies.
17. (1) A licensee who uses any radio communication station for
or in furtherance of unlawful conduct, commits an offence and is liable,
upon conviction, to a fine not exceeding One Million Kenya Shillings or to
imprisonment for a term not exceeding five years or both.
(2) Any person who, upon receiving a request for information concerning
the use of frequency spectrum from the Commission, fails to disclose the
information or gives false or misleading information commits an offence and
is liable, on conviction, to a fine not exceeding one million shillings or to
imprisonment for a term not exceeding five years or both.
Amount of
frequencies
18. The Commission may prescribe the minimum or maximum number
or amount of radio communication channels or frequencies which any user or
licensee may be granted.
Revocation of Part
VI of L.N 68 of 2001
19. Part VI of the Kenya Communications Regulations 2001 is
revoked.