[kictanet] 3 Media houses protest Majanja's Digital Migration Ruling

Thu Dec 26 12:31:26 EAT 2013

@ Ohaga, ICT Researcher

Lest we forget

1. http://www.cio.co.ke/news/main-stories/cck-caught-in-surprise-cabinet-secretary-directive-to-issue-3rd-digital-tv-signal-licence#

2. http://www.businessdailyafrica.com/Corporate-News/KBC-set-for-split-as-State-registers-Signet-subsidiary--/-/539550/1384608/-/m5c6khz/-/index.html

The issue guys isn't whether the media houses are right or wrong. Digital Migration is a foregone conclusion. The issues is how we make policy in this country on ICT issues. And this is not a reference to the current administration. This is a blanket discussion on the last 15 years to date.

Admittedly good things have happened and that is why this country has progressed to where we are. There is a lot to celebrate but there is also a lot to be done.

The digital migration ought from the onset (and I say this with a straight face and no shame at all) to have been skewed towards local media houses as a matter of course. In fact the first CIO article I mentioned above (see the link) seemed to have alluded to the fact that the ministry had realized its error and decided to award a 3rd digital license to local media houses...then poof! Something happened again and the decision was rescinded.

Ohaga, forgive me for being underwhelmed by the Government's awarding a digital platform license to KBC. No one on this list can deny the fact that KBC is a shadow of itself (if ever it was a whole being). Even its mandate of being the Government's mouthpiece is not being fulfilled. So why waste such a strategically important asset to it? 

The second article in the business daily alludes to the fact that the AG registered Signet as a separate entity from KBC. That is as it should be. I wonder where that process is at...in fact I will be daring enough to say that Signet should be reconfigured and shares offered to the local media houses so that there is ownership of the local content producers. This is the prudent thing to do. After all why offer a share of Signet to DSTV (which is owned by Naspers of South Africa) and not to other media houses? 

Lastly I would like to address the issue of policy making and regulation. I'm not a lawyer but a simple explanation:- 

The policy maker decides what the regulations should be and passes the laws implementing the regulations. The government regulator enforces those regulations.

This issue has been addressed before by different listers on the list. I humbly submit that the lines here are very blurred in government as to who shapes policy and who regulates.  I think its time someone took the bull by its horns and does what needs to be done.

Ali Hussein

+254 0770 906375 / 0713 601113

"I fear the day technology will surpass human interaction. The world will have a generation of idiots".  ~ Albert Einstein

Sent from my iPad

> On Dec 26, 2013, at 11:03 AM, ICT Researcher <ict.researcher at yahoo.com> wrote:
> 
> 
> i.e. one fails to understand what new arguement is, beyond all those dealt with on judgement at: http://kenyalaw.org/caselaw/cases/view/93274/ 
> 
> Commeding Kenyalaw.org people for opening up court decisions to the public, without which we used to argue on third parties' opinions, views, hearsy, innuendos etc...
> 
> ------------------------------
>> On Thu, Dec 26, 2013 8:38 AM MSK ICT Researcher wrote:
>> 
>> 
>> 
>> -2 @Ali -1 @Ngigi -1 
>> 
>> 
>> -------------------------------
>>> On Thu, Dec 26, 2013 12:04 AM MSK S.M. Muraya wrote:
>>> 
>>> +1 @Ali +1 @Ngigi +1
>>> 
>>> 
>>> Regards
>>> 
>>> Murigi / Stanley Muraya
>>> 
>>> *"Better a patient person than a warrior, one with self-control than one
>>> who takes a city." Prov 16:32*
>>> 
>>> 
>>> On Wed, Dec 25, 2013 at 10:27 AM, Ngigi Waithaka <ngigi at at.co.ke> wrote:
>>> 
>>> This is the same corruption issues disguised as 'competitive' tender...
>>> 
>>> Look at it this way, you want Kenya's airwaves to be digital. On one hand
>>> you get a national parastatal which performs below average on the other
>>> hand a foreign company.
>>> 
>>> We all know KBC wouldn't perform, so we will have our key national
>>> broadcast handled by a foreign firm. If some guy in China pushes a certain
>>> button, we could get a complete news blackout. Is that not a serious
>>> security risk that ought to have mitigated against during the bid
>>> requirements stage?
>>> 
>>> Now my hypothesis, the Chinese got this since the ones handling the tender
>>> could not get kickbacks from either KBC nor from the Kenyan consortium that
>>> generally operates in an industry where they dont have to pay kickbacks.
>>> With the incoming new government the ones handling the tender, had to line
>>> their pockets quick. Damn national interests!
>>> 
>>> But, we are where we are and them TV stations have been down for a number
>>> of days, interestlingly enough I havent noticed!
>>> 
>>> Merry Xmas.
>>> 
>>> Waithaka Ngigi
>>> 
>>> Alliance Technologies
>>> Nairobi, Kenya
>>> 
>>> www.A1.io
>>> On 25 Dec 2013 07:32, "Ali Hussein" <ali at hussein.me.ke> wrote:
>>> 
>>> Wambua
>>> 
>>> The issue I raise is beyond 'competitive bidding issues'.
>>> 
>>> Try owning digital signals in China, US or Europe if you are a foreign
>>> company. Why is it that we think that 'free markets' are only 'free' when
>>> African countries are involved?
>>> 
>>> History is littered with local protectionism for certain industries. In
>>> fact China and Japan are the biggest examples of this. Way do we see it fit
>>> to just give away our Crown Jewels in the guise of free and competitive
>>> bidding?
>>> 
>>> I understand that this may be beyond CCK's pay grade and should actually
>>> be addressed to policy makers...
>>> 
>>> Ali Hussein
>>> 
>>> +254 0770 906375 / 0713 601113
>>> 
>>> "I fear the day technology will surpass human interaction. The world will
>>> have a generation of idiots".  ~ Albert Einstein
>>> 
>>> Sent from my iPad
>>> 
>>> On Dec 24, 2013, at 6:41 PM, Bernard Kioko <bkioko at bernsoft.com> wrote:
>>> 
>>> They can't share or come out like he just did. Theirs is not based on
>>> honesty and valid reasons. The use of court is so they can hide behind
>>> legal technicalities.
>>> 
>>> The CS said he has been available for dialog but they go chest thumb and
>>> threatening.
>>> 
>>> If they had any previous effort towards educating consumer they would
>>> hold moral authority in my space. Refusing to air paid adverts by cck....I
>>> say very irresponsible.
>>> 
>>> sad though.
>>>> On 24 Dec 2013 18:35, "Walubengo J" <jwalu at yahoo.com> wrote:
>>>> 
>>>> 
>>>> 
>>>> @Wambua
>>>> 
>>>> jst seen the CS breathing fire   on K24 on this matter. It looks like
>>>> this fight is moving from the courts into the public space. It sounds like
>>>> its going to be looong and bloody. Ave heard from the Govt side, I wonder
>>>> what the Media house side is...they are all here on KICTAnet and I wish
>>>> they would freely share their view -outside the constraints of a court case.
>>>> 
>>>> One good outcome of the blackout from NTV, KTN and Citizen is the
>>>> discovery of KBC and KT24...had forgotten they exist :-)
>>>> 
>>>> walu.
>>>> 
>>>> 
>>>> ------------------------------
>>>>> On Tue, Dec 24, 2013 4:39 PM AST (Arabian) Wambua, Christopher wrote:
>>>>> 
>>>>> Bernard,
>>>>> 
>>>>> CCK has not issued a third licence for digital signal distribution.
>>>>> 
>>>>> Christopher Wambua
>>>>> Manager - Communications
>>>>> Consumer and Public Affairs Department
>>>>> Communications Commission of Kenya
>>>>> P.O. Box 14448 NAIROBI 00800
>>>>> Tel: +254 20 4242209
>>>>> info at cck.go.ke<mailto:info at cck.go.ke>
>>>>> www.cck.go.ke<http://www.cck.go.ke>
>>>>> 
>>>>> 
>>>>> 
>>>>> From: Bernard Kioko [Bernsoft Group] [mailto:bkioko at bernsoft.com]
>>>>> Sent: Tuesday, December 24, 2013 4:35 PM
>>>>> To: Wambua, Christopher
>>>>> Cc: Consumer and Public Affairs; 'KICTAnet ICT Policy Discussions'
>>>>> Subject: RE: [kictanet] 3 Media houses protest Majanja's Digital
>>>> Migration Ruling
>>>>> 
>>>>> Christopher,
>>>>> 
>>>>> I am an ardent supporter of the migration but I need to ask.
>>>>> 
>>>>> Have you issued any 3rd license to anyone?
>>>>> 
>>>>> Regards
>>>>> 
>>>>> From: kictanet [mailto:kictanet-bounces+bkioko=
>>>> bernsoft.com at lists.kictanet.or.ke]<mailto:[mailto:
>>>> kictanet-bounces+bkioko=bernsoft.com at lists.kictanet.or.ke]> On Behalf
>>>> Of Wambua, Christopher
>>>>> Sent: Tuesday, December 24, 2013 12:54 PM
>>>>> To: bkioko at bernsoft.com<mailto:bkioko at bernsoft.com>
>>>>> Cc: Consumer and Public Affairs; KICTAnet ICT Policy Discussions
>>>>> Subject: Re: [kictanet] 3 Media houses protest Majanja's Digital
>>>> Migration Ruling
>>>>> Importance: High
>>>>> 
>>>>> You will recall that the 2nd licence for digital broadcasting signal
>>>> distribution was issued out competitively through an open tender. Some of
>>>> the local media houses expressed interest in the tender but lost out to the
>>>> licence by the Pan-Africa Network Group in an open and transparent
>>>> tendering process.  They subsequently lodged an appeal to the Public
>>>> Procurement Oversight Authority (PPOA) which was dismissed as lacking any
>>>> merit.
>>>>> 
>>>>> The two firms have set up digital platforms in Nairobi and other major
>>>> towns in country to support the migration from analogue to digital TV
>>>> broadcasting.  The issue of awarding the licences to a Chinese firm and a
>>>> subsidiary of a firm on its deathbed is therefore a non-issue.
>>>>> 
>>>>> Best regards
>>>>> 
>>>>> Christopher Wambua
>>>>> Manager - Communications
>>>>> Consumer and Public Affairs Department
>>>>> Communications Commission of Kenya
>>>>> P.O. Box 14448 NAIROBI 00800
>>>>> Tel: +254 20 4242209
>>>>> info at cck.go.ke<mailto:info at cck.go.ke>
>>>>> www.cck.go.ke<http://www.cck.go.ke>
>>>>> 
>>>>> 
>>>>> 
>>>>> From: kictanet [mailto:kictanet-bounces+wambua=
>>>> cck.go.ke at lists.kictanet.or.ke] On Behalf Of Kivuva
>>>>> Sent: Tuesday, December 24, 2013 12:25 PM
>>>>> To: Wambua, Christopher
>>>>> Cc: KICTAnet ICT Policy Discussions
>>>>> Subject: Re: [kictanet] 3 Media houses protest Majanja's Digital
>>>> Migration Ruling
>>>>> 
>>>>>> On 23 December 2013 19:01, Ali Hussein <ali at hussein.me.ke<mailto:
>>>>> ali at hussein.me.ke> wrote:
>>>>> Brinkmanship.
>>>>> 
>>>>> To be fair though I can't help thinking how skewed we are as a country
>>>> that the two digital signals are:-
>>>>> 
>>>>> 1. Controlled by a Chinese company
>>>>> 2. Controlled by a defunct media company that is at its death bed..
>>>>> 
>>>>> +1 Ali
>>>>> 
>>>>> Capital flight is a KILLER of any economy.
>>>>> 
>>>>> 
>>>>> Where have we go we wrong?
>>>>> Ali Hussein
>>>>> 
>>>>> +254 0770 906375 / 0713 601113
>>>>> 
>>>>> "I fear the day technology will surpass human interaction. The world
>>>> will have a generation of idiots".  ~ Albert Einstein
>>>>> 
>>>>> 
>>>>> ______________________
>>>>> Mwendwa Kivuva, Nairobi, Kenya.
>>>>> twitter.com/lordmwesh<http://twitter.com/lordmwesh>
>>>>> google ID | Skype ID: lordmwesh
>>>> 
>>>> 
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>>> sector in support of the national aim of ICT enabled growth and development.
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> 
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> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
> 
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