122

CAP. 411A

Kenya Information and Communications

[Rev. 2011

[Subsidiary]
“authorised frequency” means the frequency assigned to a radio station
by the commission;
“authorised power” means power assigned to a radio station by the
commission;
“fixed service” means a service of radio-communication between
specified fixed points;
“fixed station” means a station in the fixed service;
“harmful interference” means any radiation or induction which endangers
the functioning of a radio-navigation service or of a safety service or obstructs
or repeatedly interrupts an authorised radio or telecommunication service;
“radio communication service” means service involving transmission,
emission or reception of signs, images, signals, writings, and sounds or
intelligence of any nature by radio waves;
“station authorisation” means any construction permit, licence, or special
temporary authorisation issued by the Commission;
National Spectrum
management policy.

16. (1) The Commission shall manage and control the use of or emissions
from the radio electromagnetic spectrum and use of geostationary orbital slots
within the territory of Kenya and shall have the power to withdraw, suspend,
or prohibit any such use or emissions.
(2) The Commission shall, in accordance with the Act, have the power to
negotiate with the International Telecommunication Union, its affiliated bodies
and other countries’ regulatory bodies or entities performing such functions.
(3) The Commission shall be responsible for, frequency planning and
engineering, frequency assignment and licensing, frequency monitoring and
inspection of radio stations, and the implementation of the Kenya government
policies on radio communications.

Application criteria
for approval.

17. (1) The Commission, in considering applications for frequency
assignment shall take into consideration—
(a) spectrum availability for the type of service and proposed
location;
(b) whether the proposed service can be satisfied by any other means
of communications; and
(c) the distress and safety radio communication services which require
special protection from harmful interference.
(2) The Commission may assign the use of a frequency or frequencies to
the applicant, and shall for that purpose take into account all technical data of the

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