[kictanet] PRESS RELEASE ON SURRENDER OF FREQUENCIES

Fri Mar 16 11:05:24 EAT 2012

  PRESS   RELEASE

16th March 2012

Listers,

CCK's response to agitation for surrender of broadcasting frequencies 

The attention of the Communications Commission of Kenya (CCK) has been
drawn to media reports attributed to one of the mobile operators in the
country calling for the surrender of assigned broadcasting frequencies
on the 700MHz band to mobile operators and other service providers for
use in the deployment of 4G services (i.e. superfast mobile
broadband/Internet services). 

The CCK wishes to respond to the agitation as follows:

1.      The spectrum in question  

The spectrum/frequencies in question here (i.e. 700MHz band) will only
become available for re-assignment for use in deployment of
non-broadcasting services after the successful migration from analogue
to digital TV broadcasting. According to an international agreement
reached at the International Telecommunication Union (ITU) in 2006,
member countries party to the agreement (including states in Africa,
Europe, Russia and the Middle East) set 17th June 2015 as the global
deadline for the switch-off of analogue TV broadcasting. The ITU is a
specialized UN agency in the field of ICTs to which Kenya is affiliated.
As a member of the ITU, Kenya is bound by the provisions of this
agreement.  

2.      Transition to digital TV broadcasting 

To prepare the country for smooth and timely transition to digital TV
broadcasting, the Government of Kenya constituted the Digital Television
Committee (DTC) to oversee the migration process. The DTC recommended an
early transition deadline of 2012 to enable the country to have the
flexibility and time to address any difficulties that may arise before
the multi-laterally agreed deadline of 2015. The demand for broadcasters
to surrender frequencies in the 700 MHz band immediately to mobile
operators, therefore, cannot be justified at this point.  In any case,
even the 2012 national deadline for migration to the digital TV
broadcasting is not cast in stone. As has happened in other countries,
the deadline could be postponed if there are challenges in achieving it.

3.      Impracticable and ill-timed proposition

Surrender of frequencies in the 700MHz band currently in use for
broadcasting services would be ill-timed and impracticable. This is
because the transition to digital broadcasting is being implemented in
the same frequency band that is used for analogue TV broadcasting. The
digital signal is at the moment only available in Nairobi, which means
that the rest of the country is still dependent on analogue TV
transmissions. Thus the existing analogue TV broadcasters cannot switch
off their services without disconnecting a sizeable proportion of
consumers. This explains why the country is on a simulcast period where
both digital and analogue TV signals are on air. The switch-off of the
analogue TV signals will only be done when the Government is satisfied
that digital signal coverage is available nationwide.  

4.      Statutory mandate over frequency spectrum management

The responsibility of managing frequency spectrum in Kenya is vested in
CCK by law (that is by the Kenya Information and Communications Act, CAP
411A). In addition, CCK is the designated Government representative to
the ITU, where international treaties/agreements and international
regulations on frequency spectrum management and other ICT issues are
made. Therefore only the CCK has the statutory mandate to assign
spectrum (to broadcasters, mobile operators and other assignees) and to
recall frequencies, where necessary, in line with the provisions of
international agreements and regulations as well as national law.  

5.      Orderly planning of freed up spectrum

Owing to the vast investments in the existing analogue infrastructure
for TV broadcasting, the migration to digital TV broadcasting shall be
done in an orderly way and freed up spectrum shall be surrendered to CCK
for re-planning and re-assignment. The re-planning exercise shall
involve deciding on the modalities of re-assignment, including use of
market-based allocation methodologies such as spectrum auction.
Re-assignment shall take due consideration of the various competing
radio-communication services that require access to this vital spectrum.

In view of the foregoing, it is premature to agitate for re-allocation
of spectrum that is not even available in the first place. In any case,
the World Radiocommunications Conference 2012 held in Geneva,
Switzerland, early this year resolved that the implementation date for
assignment of spectrum in the frequency band 694-790MHz to mobile
services would be 2015, subject to results of studies conducted between
now and then on the feasibility of implementing mobile services in part
or in the entire 694-790MHz frequency range. Spectrum on this band is
currently allocated to broadcasting services. Thus, it is the said
studies that will effectively determine the amount of digital dividends
(or freed up spectrum) that will emerge from the 694-790MHz frequency
range for use in deployment of non-broadcasting services (including
superfast mobile broadband/internet and other services). 

As a public body, CCK remains open to receive representations and
comments on any regulatory issue touching on the ICT sector. Such
representations should, however, be done within the framework of the
law, without causing public confusion and exerting unwarranted pressure
on the duly licensed players in the broadcasting industry.  

Issued by

Francis W. Wangusi

Ag. Director-General 

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