No. 2 of 1998
Kenya Information and Communications
[Rev. 2018]
(3) A licence granted under this section may include conditions requiring the
licensee—
(a) to provide the telecommunication services specified in the licence or
of a description so specified;
(b) to interconnect to the telecommunication system to which the licence
relates, or to permit the connection to such system, of such other
telecommunication systems and apparatus as are specified in the
licence or are of a description so specified, either without charge or
subject to a reasonable charge to be determined in accordance with
the method specified in the licence;
(c) to permit the provision by means of the telecommunication system or
telecommunication apparatus connected thereto of such services as
are specified or of a description so specified;
(d) to pay such fees as the Commission may prescribe; and
(e) to fulfil such other conditions as the Commission may prescribe.
(3A)
A licensee shall maintain a register of all persons to whom
telecommunications services are provided under the licence, in such form as may
be prescribed.
(4) A licence granted under this section shall, unless earlier revoked in
accordance with any term in that regard contained in the licence, continue in force
for such period as may be specified in the licence.
(5) The Commission may renew, vary, modify or revoke any licence granted
under this Act in accordance with the provisions of this Act.
[Act No. 12 of 2012, Sch.]
25A. Payment of licence fees
(1) The Authority may prescribe fees payable for a licence issued under this
Part.
(2) Subject to subsection (3), an applicant shall pay the prescribed fees in full
before the grant of a licence.
(3) The Authority may permit the payment of spectrum license fees in equal
instalments over a period not exceeding ten years if
(a) the fees exceed one billion shillings;
(b) the applicant is a Kenyan citizen or an entity in which Kenyan citizens
own at least fifty-one per cent shares; and
(c) the applicant undertakes to construct at least five hundred base
transceiver stations across the country within three years of the grant
of the licence.
(4) A person granted a licence subject to the conditions under subsection (3)
shall be liable to pay the prescribed licence fee in full if they —
(a) cease to be a Kenyan citizen or an entity in which Kenyan citizens
own at least fifty-one per cent shares; or
(b) propose a transfer or assignment of the licence to a non-citizen or an
entity in which Kenyan citizens do not own at least fifty-one per cent
shares.
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