capacity from a facilities licensee.
(2) A facilities acquirer who intends to acquire leased capacity shall present a
request for leased capacity, in writing, to a facilities licensee specifying the
requested location, quantity and other technical requirements.
(3) A facilities licensee shall respond to a request under paragraph (2), in writing
within fifteen days of receipt of the request, stating whether the required capacity
can be supplied in accordance with the requested technical requirements, the
offered price, and the date upon which the installation of the requested capacity
shall be completed, which date shall not be later than ninety days after receipt of
the request.
(4) A facilities acquirer may apply to the Commission for permission to establish
its own network or infrastructure—
(a) where a facilities licensee is unwilling to provide the service or
(b) upon failure by the facilities licensee to—
(i) reply to a request within ninety days of receipt;
(ii) complete the installation of the required capacity within ninety days of
receiving the request; or
(iii) provide capacity at a reasonable price and at quality or technical standards
which comply with telecommunication systems requirements.
(5) The Commission may, upon receipt of an application made under paragraph
(4), authorize a facilities acquirer to establish the required capacity.
22. Dispute resolution.
Any dispute arising out of the application of these Regulations shall be resolved in
accordance with the Kenya Information and Communications (Dispute Resolution)
Regulations, 2010.
23. Revocation of Part VII of L.N 168 of 2001.
Part VII of the Kenya Communications Regulations, 2001 is
revoked.