280
CAP. 411A
[Subsidiary]
Kenya Information and Communications
[Rev. 2011
(i) the operations of a public utility;
(ii) public roads and paths;
(iii) the movement of traffic; and
(iv) the use of land.
(4) A licensee shall enter into an agreement with any public utility whose
operations are likely to be affected by an activity of thelicensee, to provide for the
most convenient manner in which thelicensee shall engage in that activity.
Validity of
Provisions.
22. Where one or more of the provisions of any licence, for any reason
becomes invalid or unenforceable, the validity or enforceability of the other
provisions of the licence shall not be affected.
Transitional
provisions.
23. (1) When the Commission introduces a new licensing framework, a
person holding a licence issued under the former licensing framework (in this
section referred to as an “old licensee”)shall continue to hold the licence in
accordance with its terms and may migrate to the new licensing framework in
accordance with the migration modalities issued by the Commission.
(2) Where a licensee who held a licence before the commencement of
these Regulations notifies the Commission that the licensee opts to migrate to
a new licence—
(a) the Commission shall issue the new licences to the licensee on
terms that do not detract from the rights held by the licensee under
the old licence;
(b) the new licence issued by the Commission to the licensee shall be
valid for the unexpired term of the old licence or the full duration
of the new licence whichever period is shorter;
(c) the old licence shall cease to be valid immediately the new licence,
commences; and
(d) the old licensee shall be deemed to have waived the right to the
continuation of the old licence and no compensation shall be due
to the old licensee in this regard.
(3) Where an old licensee notifies the Commission that the old licensee
opts to continue with the old licence—
(a) the old licensee shall be entitled to continue to operate thenetwork
or provide the service contemplated and authorisedby that licence
for the remainder of the term of that licence;
(b) the old licence shall expire at the end of the licence term specified
in that licence, and licensee may apply for renewal under the new
licensing framework.