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

Thu Dec 26 13:55:16 EAT 2013

Ali,

It’s no secret am for the digital migration.

Sometime in 2006, a worldwide decision was taken to migrate to Digital by 17th June 2015. Kenya actively started this process in 2009. Many consultative meetings have been held (75 according to CS Information). Of the 9yrs allocated for this transition, Kenya has already used up 7 doing rounds and entertaining selfish interests like we are seeing now. We have 2 to go on now if we are to meet this deadline. Question: When do these media houses feel is the right time to move? 

These media houses were running in 2006….2009 … 2013… so their inability to appropriately plan to migrate should not be used to hold the country against the development and opportunities that Digital broadcasting brings to the people of Kenya.

What I find distasteful in their argument is that Nairobians need more time to acquire these devices. CCK had a clear awareness campaign which involved running advertisements informing Nairobians of this switch over and the need to purchase settop boxes. These media houses found it ideal to refuse to run these advertisements – even though CCK was going to pay for the advertisements. 

Secondly, It was these media houses that asked that the deadline be moved to December instead of August as CCK had wanted. Instead of supporting their own December date, they rushed to court to make an effort to block the migration. A judge has made a decision and I appreciate that they have a right to the appeal – but what was the need to maliciously deceive Kenyans that they have been switched off? They were transmitting. When DSTV and Zuku took them off their bouquets the game changed abit of course! What is the reason they resumed their broadcast? Did CCK change any terms?

If you watched the CS explain his frustrations with these media houses, then you can understand more why we must not allow them to hold us ransom.

BTW, it needs to be noted that there are no technical issues around the media houses being able to broadcast digitally. They are all currently technically able to broadcast. 

Just like they resisted having their print newspaper on the Internet – and were eventually forced to, they will need to understand that Digital Broadcasting is technology they have no choice but to embrace.

Regards 

PS: I wish they were telling CCK, we will comply with Digital broadcast fully right now, but allow us to stay on the analog for another 3 months so that we are available on both analog and digital for that period. That to me would be a slightly reasonable bargaining point.

From: kictanet [mailto:kictanet-bounces+bkioko=bernsoft.com at lists.kictanet.or.ke] On Behalf Of Ali Hussein
Sent: Thursday, December 26, 2013 1:16 PM
To: bkioko at bernsoft.com
Cc: Consumer and Public Affairs; kictanet at lists.kictanet.or.ke
Subject: Re: [kictanet] 3 Media houses protest Majanja's Digital Migration Ruling

@Wambua

Thanks for that information. If that is the case then the media houses are definitely not acting in good faith. I suspect though that there may be an issue of who controls what..which in my opinion is shortsighted. I stand corrected in my assertions then.

@ICT Researcher, what in your view is my stand? I'm simply making my personal assertions on this issue. We can of course agree to disagree.   

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 1:03 PM, "Wambua, Christopher" <Wambua at cck.go.ke> wrote:

Ali,

I know that the government has on a number of occasions offered to offload some shares in Signet to interested media houses.

Instead of taking up the offer, the media houses have instead persisted in their clamour to be issued with the third signal distribution licence. 

Is this insistence in the interest of optimal use of frequency spectrum resources?

Sent from my BlackBerry 10 smartphone.

From: Ali Hussein

Sent: Thursday, 26 December 2013 12:29 PM

To: ICT Researcher

Cc: Consumer and Public Affairs; kictanet at lists.kictanet.or.ke

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

@ 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# <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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