No. 2 of 1998
Kenya Information and Communications
[Rev. 2018]
36. Radio communication licence
(1) The Commission may, on application in the prescribed manner, grant a
licence authorising any person or persons of a specified class to establish or to use
any radio communication station or apparatus or to install or use any apparatus
for radio communication.
(2) A licence granted under this section may be issued subject to such terms,
conditions and limitations as the Commission may think fit, including—
(a) in the case of a licence to establish a station, limitations as to
the position and nature of the station, the purposes for which, the
circumstances in which, and the persons by whom the station may
be used, and the apparatus which may be imported, installed or used
therein; and
(b) in the case of any other licence, limitations as to the apparatus which
may be installed or used, and the places where, the purposes for
which, the circumstances in which and the persons by whom the
apparatus may be used.
(3) A radio communication licence 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 therein.
(4) Subject to the provisions of this Act, the Commission may renew or revoke
a licence issued under this Part, or vary or modify any conditions attached thereto.
37. Licenses for scientific or research use
(1) Where an application for the grant or renewal of a radio communication
licence is made to the Commission by any person, and the Commission is satisfied
that the purpose of the licence is to enable the applicant to conduct experiments
in radio communications for the purpose of scientific research, the Commission
shall subject to subsection (2) not refuse to grant or renew the licence, and shall
not revoke the licence when granted and no sum shall be payable under any
regulations in respect of such licence except the fee for the grant or the renewal
thereof.
(2) Nothing in subsection (1) shall prevent the Commission from refusing to
grant or renew, or from revoking, a radio communication licence if the applicant
has, whether before or after the grant or last renewal of the licence, been convicted
of any offence under this Act, whether in relation to any radio communication
apparatus covered by such licence or any other radio communication apparatus,
or has been convicted of using any apparatus for the purpose of interfering with
any radio communication.
(3) Nothing in subsection (1) shall limit the discretion of the Commission as to
the conditions which it attaches to any radio communication licence or its power to
vary the conditions of any such licence.
38. Regulations on radio communication
(1) The Minister in consultation with the Commission may make regulations
generally with respect to radio communication and, without prejudice to the
generality of the foregoing, with respect to—
(a) the fees or sums to be paid by a person to whom a radio
communication licence is granted on the grant or renewal of such
licence and the conditions on which any such licence may be granted,
renewed or revoked;
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