120
CAP. 411A
[Subsidiary]
Kenya Information and Communications
[Rev. 2011
of a communication to the Commission shall not entitle the entirety of those
communications to confidential treatment, but that portion of the communications
which is entitled to confidential treatment as confidential business information
may be extracted from the main body of the communication made available
for public inspection.
(8) The disclosure of confidential business information may be compelled
pursuant to a parliamentary, judicial or other lawful process.
Part III—Financial Provisions
Payment to the
Commission.
4. (1) The Commission may from time to time prescribe fees payable
in respect of any licence issued or service performed under the Act or these
Regulations.
(2) Every fee payable to the Commission in connection with applications
for licences, frequency spectrum assignments, or any other matter shall be
paid in full before the licence is granted or the frequency is assigned by the
Commission.
(3) Unless otherwise prescribed by the Commission, all licensees shall
make yearly payment of the annual operating fees due for the current year by
the 1st day of July of each calendar year, but not later than three months after
the end of the licensee’s financial year.
(4) Where any licensee is required to pay fees to the Commission on
the basis of information or records in the custody of such licensee, the licensee
shall submit a declaration to the Commission in the manner prescribed by the
Commission, attesting to the completeness and accuracy of the information
upon which such computation of fees is based.
(5) Where a licence requires that payment of a licence or an annual
operating fee be based on a percentage of a licensee’s gross annual revenues,
the base for calculating a licensee’s gross annual revenues shall include—
(a) payments from subscribers and other users; and
(b) the amount billed including uncollected payments from subscribers
and other customer accounts.
Part IV—(Revoked by L.N. 29/2010)
Part V—Telecommunications Licences
Licences required.
9. The Commission shall issue telecommunications licences in accordance
with the provisions of the Act.
Licensing.
10. (1) The Commission shall prescribe the terms and conditions of
all licences, as it considers consistent with the objectives of the Act, these
Regulations and such other circumstances as the Commission may consider
appropriate, including the terms and conditions upon which the licence is
granted, the services to be provided by the licensee and the network to be