RADIO COMMUNICATIONS ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Radio Communications (Frequencies) Regulations, 2003

Radio-communications (Allocation of Frequencies) Regulations, 2004

Radiocommunications (Licence Fees) Regulations, 2008

RADIO COMMUNICATIONS (FREQUENCIES) REGULATIONS, 2003

[Section 20]

Arrangements of Regulations

   Regulation

   1.   Title

   2.   Interpretation

   3.   Conditions for licence

   4.   Allocation of frequencies

   5.   Limitation of frequencies

   6.   Rational, efficient and economic use of frequencies

   7.   Frequency economy

   8.   Frequency usage fee

   9.   Radio communication equipment

   10.   Licensee not to use unallocated or unassigned frequencies

   11.   Prohibition of use of station or network for unlawful purpose

   12.   Non-disclosure of radiocommunication

   13.   Restrictions on test, trial, etc.

   14.   Safe operation of station or network

   15.   Safety of radiocommunication installations, etc.

   16.   Control of interference to radiocommunication

   17.   Interference by medical equipment

   18.   Revocation of licence

SI 28 of 2003.

1. Title

These Regulations may be cited as the Radio Communications (Frequencies) Regulations, 2003.

2. Interpretation

In these Regulations, unless the context otherwise requires–

“Authority” means the Communications Authority established under the Telecommunications Act;

“Convention” means the International Telecommunication Convention signed at Nairobi on 6thNovember, 1982 or any other international telecommunication convention to which the Government is from time to time a party, and includes in either case any regulations or other subordinate instruments or provisions annexed thereto or made there under;

“dummy load” means a restrictive device connected to equipment to absorb power not intended for radiation;

“frequency” means radiofrequencies or radio waves in the principal Act defined as “Hertzian waves”;

“licence” means is a licence issued under section 6 of the Act;

“licence” means the holder of a licence issued under Part III of the Act;

“network” means two or more stations operated by a person and used for or intended to be used for purposes of communication between or among the stations;

“person” includes a partnership, firm, trust, joint venture and private or government entity;

“Radio Regulations” means the Radio Regulations annexed to the International Telecommunication Convention to which the Government is party;

“Station” means a transmitter, receiver, a combination of transmitters and receivers or any accessory thereto used for radio communication.

3. Conditions for licence

A licence shall comply with the following condition–

      (a)   operate the station at such location as may be approved by the Authority;

      (b)   erect, fit, place and use the station and equipment for use by the licensee in a manner that does not interfere with the efficient operation of other licensed stations;

      (c)   identity self by the transmission of a call sign assigned to the licence by the authority, at the beginning and end of each transmission made in short intervals;

      (d)   obtain the approval of all relevant authorities prior to the erection of any mast or antenna used in connection with the operation of a station;

      (e)   ensure any change in, or of, the approved location, equipment, mast or antenna system is approved by the Authority prior to making the change;

      (f)   keep a record of all transmissions indicating the date and time of each period of transmission, the frequency and time of emission employed;

      (g)   preserve for two years a record of each entry made in terms of paragraph (f) and upon being required so to do, produce such record for inspection by a telecommunication officer at any reasonable time; and

      (h)   comply with such other conditions as the Authority may determine.

4. Allocation of frequencies

The Minister may, subject to Regulation 5 allocate or assign to a licensee such frequencies as the Minister may, on the advice of the Authority, consider necessary.

5. Limitation of frequencies

   (1) The Minister, on the advice of the Authority, shall in the allocation or assignment of frequencies, limit the number of frequencies to the minimum essential to provide, in a satisfactory manner, the necessary services.

   (2) Where the Minister allocates or assigns frequencies–

      (a)   the Minister shall not confer on a licensee a monopoly of the use of the frequencies; and

      (b)   The allocation or assignment of the frequency shall not be construed as conferring an exclusive right in respect of such frequencies.

6. Rational, efficient and economic use of frequencies

   (1) A licence shall, in a rational, efficient and economic manner, use any frequencies allocated or assigned to the licensee.

   (2) A licence shall not transmit any superfluous signal or message by way of any station or network.

7. Frequency economy

The Minister may, on the advice of the authority, and in the interest of frequency economy require a licensee to share a frequency with another licensee, subject to such terms or conditions as the Minister may, on the advice of the Authority, determine.

8. Frequency usage fee

The Authority may, where it considers it appropriate and in the interest of economising on the use of a frequency, charge a frequency usage fee determined in consultation with the Minister and shall in so doing consider the–

      (a)   re-usability of the frequency;

      (b)   area of coverage involved ; and

      (c)   period of use of the frequency.

9. Radio communication equipment

   (1) For the purposes of these Regulations radio communication equipment used for transmitting or receiving signals or messages shall–

      (a)   be in accordance with technical specification approved by the Authority; and

      (b)   be appropriate for the frequencies allocated or assigned.

   (2) A licensee shall keep an up-to-date record of the radio communication equipment in the station and network.

   (3) The record kept under sub regulation (1) shall–

      (a)   contain such information;

      (b)   be kept in such form; and