Electronic and Postal Communications (Tariffs)
G.N. No. 421 (contd)
Decision of
the Authority
on proposed
tariff
9.-(1)
The Authority may approve or reject an
application for review of tariffs for regulated services.
(2) The Authority may reject an application for the
review of tariffs if it is of the view that the proposed tariffs are
unjustifiable, unfair or unreasonable.
(3) A decision of the Authority rejecting a proposed
tariff shall(a)
be in writing;
(b)
state the reason for rejection; and
(c)
be made available to the service licensee.
(4) Where the Authority approves the new tariff, a
licensee shall inform its customers of the new tariff by
publishing the new tariff in the public media in English and
Kiswahili one week before coming into effect.
(5) Where the Authority and a licensee fail to reach
agreement on the proposed tariff and counter proposal, the
Authority may make decision on the proposed tariff basing on
the best information available.
Appeal
10.-(1) Where a licensee is not satisfied with the
decision of the Authority pursuant to regulation 9, he may
within thirty days appeal to the Fair Competition Tribunal.
(2) The licensee who fails to lodge an appeal against
the decision of the Authority within thirty days from the date
of decision shall be deemed to have accepted the decision of
the Authority.
Investigation
of tariffs
11.-(1) The Authority may on its own motion or
pursuant to a complaint made under this regulation,
investigate any tariff set by a licensee.
(2)
A complaint about tariff brought under subregulation (1) shall(a)
be in writing;
(b)
specify the name and address of the
complainant ;
(c)
state the interest of the complainant; and
88