No. 2 of 1998 (e) (f) (g) (h) (i) (j) (k) (l) Kenya Information and Communications [Rev. 2018] letters concerning goods sent with the goods and delivered therewith; letters carried to or from a post office; letters carried in accordance with an agreement entered with the public postal licensee; transfers between document exchanges; letters carried to the premises of a provider of electronic mail services for the purposes of being transmitted as electronic mail, or letters carried from the premises of such a person after having been transmitted; letters carried privately and delivered without hire, reward or other profit; letters carried and delivered personally by the sender; and letters, postcards, aerogrammes of three hundred and fifty grams or less in weight, if a charge of at least five times the basic charge of the public postal licensee letter rate for that class of item is made in respect of receiving, collecting, sending, despatching and delivery. (2) If any question arises as to whether or not any postal article is a letter within the meaning of this Act, the decision of the Commission thereon shall be final. [Act No. 41A of 2013, s. 20.] 49. Requirement of licence (1) Subject to the provisions of this Act, no person shall operate or provide postal services except in accordance with a valid licence issued in accordance with this Part. (2) A person who contravenes the provisions of this section commits an offence and shall be liable on conviction to a fine not exceeding three hundred thousand shillings, or to imprisonment for a term not exceeding one year, or to both. (3) In this section, “person” means a natural or a corporate person, a firm, government, State or State agency, any association or partnership. [Act No. 1 of 2009, s. 17.] 50. Designation of public postal licensee The Authority may, by notice in the Gazette , designate a postal licensee to be the public postal licensee. [L.N. 39/1999, Act No. 41A of 2013, s. 21.] 51. Licence to provide postal services (1) The Commission may, upon application in the prescribed manner and subject to the conditions specified in section 52 or such other conditions as the Commission may deem necessary, grant a licence in the prescribed form authorising any person to operate or to provide postal services in accordance with the provisions of this Act. (2) A licence granted under this section shall unless earlier revoked in accordance with any term specified therein, continue in force for such period as may be specified therein. (3) Subject to the provisions of this Act, the Commission may renew or revoke a licence issued under this section or vary or modify any conditions attached thereto. 46