142
CAP. 411A
[Subsidiary]
Investigation and
suspension of tariffs.
Kenya Information and Communications
[Rev. 2011
95. (1) The Commission may, on its own motion or pursuant to a
complaint made under this regulation, investigate any tariffs charged by a
licensee.
(2) An application for investigation, suspension or rejection of any tariffs
brought under subsection (1) shall—
(a) be in writing;
(b) specify the name and address of the petitioner and state the interest
of such petitioner; and
(c) the reasons why such tariffs should be investigated, suspended
or rejected.
(3) Where after the investigations, the Commission is of the view that the
tariffs should be suspended or rejected, it may reject or suspend such tariffs:
Provided that in case of a suspension of the tariffs the Commission shall
notify the licensee and give such licensee twenty (20) days to respond to the
intended cancellation.
Tariffs (file and use).
96. (1) All licensees under the Act who provide services to the public
shall file with the Commission schedules of their tariff rates including those of
their agents and correspondents.
(2) All licensees whose services are not subject to the price cap condition
shall file with the Commission changes to existing tariffs, including the terms
and conditions applicable thereto but excluding special offers and other
promotions.
(3) All licensees, unless exempted by the Commission, shall only charge
their customers the filed tariffs and shall further ensure that all filed tariff rates
are printed and kept open for public review and inspection and shall furnish its
customers upon request with such schedules.
(4) In this Part unless the context otherwise requires—
“price cap” means a methodology where the price charge for a service is
allowed to change by the rate of inflation over the initial price with an adjustment
factor (X) based on factors such as technological changes, need to finance
development infrastructure and need to adopt efficient working systems; and
“tariff-regulated services” means services offered by a licensee which
are not open to competition and whose tariffs are subject to regulation by the
Commission.
Part XII—(Revoked by L.N. 28/2010)
Part XIII—Miscellaneous Provisions
Roaming agreements.
101. (1) Mobile cellular telecommunications licensees may enter into