Rev. 2011]
Kenya Information and Communications
CAP. 411A
equipment and associated accessories proposed to be used by the applicant.
123
[Subsidiary]
18. (1) The Commission may, upon application in a prescribed Form Assignment of
No. 5 set out in the First Schedule, assign frequencies when it is satisfied that frequencies.
such assignment will not cause harmful interference to any station or licensee
operating in accordance with the Kenya table of frequency allocations:
Provided that in the event of non-availability of the frequencies applied
for, the Commission may consider assigning frequencies in alternative frequency
bands.
(2) A person licensed to operate and provide mobile radio communication–
systems and services shall apply to the Commission in the prescribed form No.
6 set out in the First Schedule for assignment of the necessary frequencies.
Provided that in the event of non availability of the frequencies applied for,
the Commission may consider assigning frequencies in alternative frequency
band.
(3) When the Commission is satisfied with an application, the applicant
may be assigned a frequency or frequencies, which shall be used in accordance
with the prescribed technical and operating parameters.
(4) The Commission may impose any conditions on the use of the
assigned frequencies.
19. (1) All licensees assigned the use of frequencies or frequency bands Obligations of the
shall—
licensee.
(a) maintain and provide, at the Commission’s request, an inventory
of frequencies assigned;
(b) keep the licence in force by regular payment of annual fees as may
be prescribed from time to time by the Commission; and,
(c) guard against unauthorized emission, harmful interference or illegal
use of the spectrum.
(2) The Commission may where it considers expedient so to do require
a licensee to migrate to a new frequency band.
20. (1) A frequency licence shall not confer any ownership rights of the
frequency to the licensee.
Ownership of
frequencies.
(2) The commission may require licensees to share a frequency band.
21. Frequencies assigned to be used by a licensee and the rights therein Transfer and
granted by such authorisation shall not be transferred, without the written assignment of station
consent of the Commission.
authorization.
22. The Commission may at its discretion grant a temporary frequency Temporary
assignment.
authorization.