Rev. 2011]
Kenya Information and Communications
CAP. 411A
141
[Subsidiary]
(a) conform to the methodology and formula defined in the relevant
licence or such other terms as the commission may prescribe;
and
(b) contain relevant documentation, including all calculations and
other information in support of the application.
93. (1) The Commission shall, at least sixty (60) days before approving Notice on tariffs.
any proposed tariffs submitted to it under regulation 93, give notice in the
Gazette and in such other manner as it considers necessary—
(a) specifying the name and particulars of the licensee or class of
licensees providing the service to which the tariffs relates;
(b) stating the reasons for the proposed review of the tariffs and the
new tariffs;
(c) specifying the time within which representation or objections may
be made to the proposed new tariffs.
(2) The Commission shall in considering the application for review of
the tariffs take into account such written representations or objections received
under paragraph (1) (c).
94. (1) Any proposed tariffs under the price cap condition shall be deemed Decision on tariffs.
approved if the Commission does not communicate its disapproval of the same
to the applicant within sixty (60) days after receipt of the application or within
fifteen (15) days after the applicant has furnished the Commission with any
information sought and the Commission has not indicated its approval of the
proposed tariffs.
(2) The Commission may reject an application for the imposition of
proposed tariffs if it is of the view that the proposed rates are unjustifiable.
(3) A decision of the Commission rejecting the imposition of proposed
tariffs shall—
(a) be in writing;
(b) state the reasons for the rejection; and
(c) be made available to the licensee.
(4) Upon approval by the Commission of any new tariffs, a licensee
shall notify its customers of the new tariffs through publication in the Gazette
or in such other publications as the Commission may determine and shall in
such notice provide for a grace period of not less than fourteen days before
implementing the new tariffs.