No. 2 of 1998 Kenya Information and Communications [Rev. 2018] (5) In making a declaration under subsection (4), the Commission shall in consultation with the Competition Authority consider— (a) the market share of the telecommunications service provider being at least fifty percentum of the relevant gross market segment; (b) significant market power enjoyed by the telecommunications service provider; and (c) any other consideration the Authority may determine. [Act No. 1 of 2009, s. 31, Act No 41A of 2013, s. 33, Act No. 25 of 2015, Sch.] PART VII – MISCELLANEOUS PROVISIONS 84. National Communication Secretariat (1) There is established a Secretariat to be known as the National Communication Secretariat, headed by a communications secretary and comprising such other officials as may be determined from time to time. (2) The function of the Secretariat shall be to advise the Government on the adoption of a communication policy which— (a) promotes the benefits of technological development to all users of postal and telecommunication facilities; (b) fosters national safety and security, economic prosperity and the delivery of critical social services through posts and telecommunications; (c) facilitates and contributes to the full development of competition and efficiency in the provision of services both within and outside Kenya; and (d) fosters full and efficient use of telecommunication resources including effective use of the radio spectrum by the Government in a manner which encourages the most beneficial use thereof in the public interest. 85. Power of operator to use land (1) Subject to subsection (3), a telecommunication operator may, with the consent in writing of the owner or occupier of any land, and subject to such terms and conditions as may be agreed upon between the operator and the owner or occupier, place or maintain under, over, along, across, in or upon such land, any telecommunication apparatus or such radio communication apparatus, installed or used in accordance with a radio communication licence. (2) Upon an agreement under subsection (1), it shall be lawful for the telecommunication operator or its representatives, at all times and on reasonable notice, to enter upon the land and to— (a) put up any posts, which may be required for support of telecommunication lines; (b) fasten or attach to any growing on that land a bracket or other support for the line; (c) cut down any tree or branch which is likely to injure, impede or interfere with any telecommunication lines; or (d) perform any activities necessary for the purpose of establishing, constructing, repairing, improving, examining, altering or removing any telecommunication apparatus or radio communication apparatus, 68