[Rev. 2018] Kenya Information and Communications No. 2 of 1998 (2) The procedure referred to in subsection (1) shall be submitted to the Commission for approval. (3) Where any person alleges that he has exhausted the procedure mentioned in subsection (1) but is not satisfied with the remedy offered or action taken, he may appeal to the Commission. (4) Complaints made under this section shall be made in writing within thirty days of the breach under subsection (1) and shall set out the grounds upon which they are based, the nature of damage or injury suffered as result of the broadcast or the violation complained of and the remedy sought. (5) Any person who is aggrieved by a decision of the Commission made under this section may appeal to the Tribunal within thirty days after the decision. [Act No. 1 of 2009, s. 16.] 46M. Access to programmes The Commission or the Tribunal may with a view to solving any dispute brought under section 46L require a licensee to— (a) provide the Commission, the Tribunal or the complainant with a transcript of the broadcast complained of; (b) furnish the Commission, the Tribunal or the complainant with copies of any document that may assist in resolving the dispute; or (c) furnish the Commission or the Tribunal with any written or oral evidence to assist in resolving the dispute or in answer to the complaint. [Act No. 1 of 2009, s. 16.] 46N. Requirement for a licence for signal distribution (1) Subject to this Act, no person shall provide signal distribution services within Kenya or from Kenya to other countries except in accordance with a licence issued under this Part. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding three years, or both. [Act No. 1 of 2009, s. 16.] 46O. Signal distribution services (1) The Commission may upon an application in the prescribed manner and subject to such conditions as it may deem necessary, grant a licence authorizing any person or persons to provide signal distribution services. (2) A signal distribution licence granted under this section may require the signal distribution licensee to— (a) provide signal distribution services as a common carrier to broadcasting licensees; (b) provide services promptly upon request, in an equitable, reasonable, non-preferential and non-discriminatory manner; (c) provide capability for a diversity of broadcast services and content; (d) provide an open network that is interoperable with other signal distribution networks; and (e) comply with any other conditions that the Commission may determine. 43