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

Thu Dec 26 23:19:07 EAT 2013

@wambua,
I guess my question is on the issue of the 3rd signal distibution license..
Why not award it to the players crying foul and asking for it? Might it be
because the two awardees could not survive without content from these
players if they focused their content on their own distribution network?
Might that explain why Digital migration has not taken off as effectively
(because it lacks prime movers).

and to the Media Houses..
Were you soo sure you would win on an extended technicality that the ruling
caught you off guard? at what point were you planning to shift focus from
protecting turf to getting into the formidable arena of competing in a
crowded arena?

On Thu, Dec 26, 2013 at 11:02 PM, Bernard Kioko [Bernsoft Group] <
bkioko at bernsoft.com> wrote:

> Wambua,
>
>
>
> I see stations now scrolling messages and one saying they are not against
> the migration and in fact they support it, and that their concern is “…not
> enough set top boxes have been acquired or that adequate stocks are
> available for acquisition by viewers”.
>
> I only wish they started scrolling this a month ago…
>
>
>
> What is you comment on this statement currently scrolling on screens?
>
>
>
> Regards
>
>
>
> *From:* kictanet [mailto:kictanet-bounces+bkioko=
> bernsoft.com at lists.kictanet.or.ke] *On Behalf Of *Wambua, Christopher
> *Sent:* Thursday, December 26, 2013 10:21 PM
> *To:* 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
>
>
>
> Because of frequency spectrum limitations.
>
> Sent from my BlackBerry 10 smartphone.
>
> *From: *Watila Alex
>
> *Sent: *Thursday, 26 December 2013 21:56 PM
>
> *To: *Wambua, Christopher
>
> *Reply To: *awatila at yahoo.co.uk
>
> *Cc: *Consumer and Public Affairs; KICTAnet ICT Policy Discussions
>
> *Subject: *Re: [kictanet] 3 Media houses protest Majanja's Digital
> Migration Ruling
>
>
>
>
> why was the number of signal distributors limited to two?
> --
> Sent from Yahoo Mail on Android<http://overview.mail.yahoo.com/mobile/?.src=Android>
>
>
> ------------------------------
>
> *From: *Wambua, Christopher <Wambua at cck.go.ke>;
> *To: *<awatila at yahoo.co.uk>;
> *Cc: *Consumer and Public Affairs <CPA at cck.go.ke>; KICTAnet ICT Policy
> Discussions <kictanet at lists.kictanet.or.ke>;
> *Subject: *Re: [kictanet] 3 Media houses protest Majanja's Digital
> Migration Ruling
> *Sent: *Thu, Dec 26, 2013 6:43:55 PM
>
>
>
> The tender for the 2nd signal distribution licence was an open one. And
> indeed some of the local media set up a consortium through which they
> submitted a bid. Their bid was however unsuccessful.
>
>
>
> If they had put in an attractive bid, they could have improved their
> chances of winning. Even if CCK were to float another tender for signal
> distribution restricted only to local firms, interested companies would
> have to compete for the licence. Firms that submit poor bids would still
> lose.
>
>
>
> Local firms need to improve their capacity in responding to government
> tenders. If they don't, they will continue losing out to international
> firms even in businesses where they have proven expertise.
>
>
>
> Wambua
>
>
>
> Sent from my BlackBerry 10 smartphone.
>
> *From: *Watila Alex
>
> *Sent: *Thursday, 26 December 2013 21:22 PM
>
> *To: *Ngigi Waithaka
>
> *Reply To: *awatila at yahoo.co.uk
>
> *Cc: *Consumer and Public Affairs; KICTAnet ICT Policy Discussions
>
> *Subject: *Re: [kictanet] 3 Media houses protest Majanja's Digital
> Migration Ruling
>
>
>
> i think their major compliant is the limiting of the number of signal
> distributors. they had hoped to also be signal distributors
>
> --
> Sent from Yahoo Mail on Android<http://overview.mail.yahoo.com/mobile/?.src=Android>
>
>
> ------------------------------
>
> *From: *Ngigi Waithaka <ngigi at at.co.ke>;
> *To: *<awatila at yahoo.co.uk>;
> *Cc: *Consumer and Public Affairs <CPA at cck.go.ke>; KICTAnet ICT Policy
> Discussions <kictanet at lists.kictanet.or.ke>;
> *Subject: *Re: [kictanet] 3 Media houses protest Majanja's Digital
> Migration Ruling
> *Sent: *Thu, Dec 26, 2013 4:01:53 PM
>
>
>
> Quick one,
>
> Why would the media houses object to going Digital? Are there any
> advantages to remaining analog?
>
> While I support that the 2nd license ought to have gone to the Kenyan
> Consortium,  I don't support us remaining on the analog broadcasting
> platform.
>
> For the uninitiated,  Digital is equivalent to FM in radio while Analog
> takes you back to Short Wave radio. Good luck tuning that....
>
> Waithaka Ngigi
>
> Alliance Technologies
> Nairobi, Kenya
>
> www.A1.io
>
> On 26 Dec 2013 13:56, "Bernard Kioko [Bernsoft Group]" <
> bkioko at bernsoft.com> wrote:
>
> 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<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<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
>
> <
>
> ...
>
> [Message clipped]
> _______________________________________________
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>
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-- 
*“The twentieth century has been characterized by three developments of
great political importance: the growth of democracy, the growth of
corporate power, and the growth of corporate propaganda as a means of
protecting corporate power against democracy”*
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