IN EXERCISE of the powers conferred by sections 27, 38, 46K and 66 of the Kenya Information and Communications Act, 1998, the Minister for Information and Communications, in consultation with the Communications Commission of Kenya, makes the following Regulations:— THE KENYA INFORMATION AND COMMUNICATIONS (TARIFF) REGULATIONS, 2010 1. Citation. These Regulations may be cited as the Kenya Information and Communications (Tariff) Regulations, 2010. 2. Interpretation. In these Regulations, unless the context otherwise requires— ―information and communications technology service‖ means any transmission of information by wire, radio waves, optical media, postal or other means between or amongst points of user’s choice; ―just and reasonable tariffs‖ means tariffs that enable a licensee to maintain its financial integrity, attract capital, operate efficiently and fully compensate investors for risks borne; ―licensee‖ means a person licensed under the Act; ―promotion or special offer‖ means any information, whose content is controlled directly or indirectly by a licensee, that is expressed in any language and communicated through any medium with the intention of influencing the choice, opinion or behaviour of consumers; ―tariff‖ means any charge, price, levy and underlying terms and conditions imposed by a licensee for the services provided; ―regulated services‖ means a service offered or supplied by a licensee— (a) in a market or market segment that is uncompetitive or (b) where the licensee has been declared dominant in the relevant market or market segment;

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