Rev. 2011]
Kenya Information and Communications
CAP. 411A
47
signal distribution services.
(2) A signal distribution licence granted under this section may
require the signal distribution licensee to—
(a) provide signal distribution services as a common carrier
to broadcasting licensees;
(b) provide services promptly upon request, in an equitable,
reasonable, non-preferential and non-discriminatory
manner;
(c) provide capability for a diversity of broadcast services
and content;
(d) provide an open network that is interoperable with other
signal distribution networks; and
(e) comply with any other conditions that the Commission
may determine.
(3) A signal distribution licensee utilizing the radio frequency
resource may be required by the Commission to comply with conditions
as to the nature and location of transmitters and their transmission
characteristics.
(4) A licensee who changes the nature, location or transmission
characteristics approved in terms of sub-section (1) without the approval
of the Commission commits an offence and shall on conviction be liable
to a fine not exceeding one million shillings or imprisonment for a term
not exceeding three years or, to both.
Revocation of signal
46P. The Commission may revoke a licence under this Part where distribution licence.
the licensee or a person under the control of the licensee—
1 of 2009, s.16.
(a) is in breach of this Act or regulations made thereunder;
(b) is in breach of the conditions of a licence;
(c) fails to commence operations within the period prescribed
by the Commission.
Offences relating
46Q. (1) Any person who provides a broadcasting service without
to broadcasting
a broadcasting licence commits an offence.
services.
(2) Any person who provides a broadcasting service pursuant to
a licence granted under this Act commits an offence if—
1 of 2009, s.16.