[kictanet] 3 Media houses protest Majanja's Digital Migration Ruling
ICT Researcher
ict.researcher at yahoo.com
Sun Dec 29 11:21:04 EAT 2013
It would do good to bear in mind "Double Jeopardy" http://en.m.wikipedia.org/wiki/Double_jeopardy
------------------------------
On Sun, Dec 29, 2013 10:42 AM MSK Ngigi Waithaka wrote:
>The fact that the tender was *open* is the question that is in play here
>and is the short-sightedness I alluded to earlier in a prior post.
>
>We have firms with the right infrastructure (masts, generators, workers
>etc) already in use in this country and before we ran off to procure
>equivalent from China, we ought to have procured what is already available
>locally.
>
>That is why the 2nd infrastrucure bid ought to have been local to protect
>our already existing investments.
>
>Another reason, national interest should dictate that we shouldnt rely on
>external parties for such critical infrastructure before we already have
>one from amongst our own in place.
>
>But we now know someone didnt see it that way. There was no money to be
>made using whats already there, best to buy everything new, since the 'cut'
>is likewise larger.
>
>And how do you do that? Open Tender!
>
>Waithaka Ngigi
>
>Alliance Technologies
>Nairobi, Kenya
>
>www.A1.io
>On 29 Dec 2013 09:11, "Mutua, Muthusi" <Mutua at cck.go.ke> wrote:
>
>> SM Muraya, Kenyans firms were involved. There were even two different
>> consortiums of the local media that participated.
>>
>> The only difference here is that the tender was open and not necessarily
>> targeting local firms or local media for that matter.
>>
>> I don't know of any procurement law that excludes Kenyan firms but there
>> are certain tenders may only target local firms. The signal distributor one
>> was open to all and the records of the participation can attest to that.
>>
>> As I pointed out earlier, losing a tender bid is not tantamount to being
>> denied a chance to participate. That's the case we are dealing with here!
>>
>>
>> *From*: S.M. Muraya [mailto:murigi.muraya at gmail.com]
>> *Sent*: Sunday, December 29, 2013 01:03 AM
>> *To*: Mutua, Muthusi
>> *Cc*: Consumer and Public Affairs; kictanet at lists.kictanet.or.ke <
>> kictanet at lists.kictanet.or.ke>
>> *Subject*: Re: [kictanet] 3 Media houses protest Majanja's Digital
>> Migration Ruling
>>
>>
>> On Sat, Dec 28, 2013 at 9:19 AM, Mutua, Muthusi <Mutua at cck.go.ke> wrote:
>>
>> There are particular tenders, even in Kenya, that are subject to
>> demonstration of a certain percentage of local participation. This cannot,
>> however, be used across the board even for services that don't require this
>> kind of treatment.
>>
>>
>> Not sure when and by whom was it decided, certain critical services in
>> Kenya do not have to involve Kenyan firms.
>>
>> Do we develop local capacity through procurement laws which ensure
>> foreign firms manage our critical local/distribution infrastructure?
>>
>> Note Euro vs China Policy:
>> http://www.slideshare.net/IPRChina/technology-transfer-to-china-guidance-for-business-4312244
>>
>> Does Kenyan procurement/policy require foreign firms to engage in joint
>> (technical) ventures with firms majority owned by Kenyans?
>>
>> Suspect... Mobitelea was a case of politically "correct" ghosts getting
>> a 5% cut in a Telco. Was it a Kenyan firm with even a small track record of
>> telco/service provision in Kenya, with evidence it was committed to
>> developing local talent and capabilities?
>>
>> As we argue through, what's the definition of local media? Is it one
>> local player, two or three of them separately or together? Must these
>> entities also be separately 100% Kenyan in equity? Is KBC a local media?
>>
>> The media/content which enters the Kenyan home/office may originate
>> from MARS, but the "last mile" infrastructure/frequency through which the
>> digital content enters the home/office, is licensed/managed in Kenya.
>>
>> In the finance sector is shareholding by any one individual or entity
>> not limited to 24.99%. Kenyans should own over 50% of the firms managing
>> signal distribution.
>>
>> Let's also appreciate that unless anyone has been denied the chance to
>> participate in a tender, a loss of the bid doesn't amount to being barred
>> from the process.
>>
>>
>> If being required to have prior engagements in multiple million dollar
>> contracts is not being barred from the tendering process, then you are
>> correct.
>>
>>
>> As it is, Tanzania has already gone digital. Does anyone know the
>> ownership of their signal distributor? Its interesting to know that. US
>> examples are ok but we need to put them into context. Local and regional
>> examples may even be more relevant to our situation.
>>
>>
>> *From*: Ngigi Waithaka [mailto:ngigi at at.co.ke]
>> *Sent*: Saturday, December 28, 2013 09:01 AM
>> *To*: Watila Alex <awatila at yahoo.co.uk>
>> *Cc*: Consumer and Public Affairs; KICTAnet ICT Policy Discussions <
>> kictanet at lists.kictanet.or.ke>
>> *Subject*: Re: [kictanet] 3 Media houses protest Majanja's Digital
>> Migration Ruling
>>
>> Doing some unrelated research and came across this story here
>> http://www.jeffhead.com/usn21/p8.htm
>>
>> Key point
>> "...*However, BAE withdrew from the competition in October 2002,
>> recognizing the political reality that its failure to locate and team with
>> a US-based production partner made the bid unrealistic. *
>>
>> *..." *
>> Relevance, for those advocating that national interest does not matter in
>> *critical procurement* and backing for local firms, even a large
>> conglomerate as BAE with all the backing from Downling Street can't win a
>> large defense contract in the US against US firms.
>>
>> Another interesting read here
>>
>> http://www.forbes.com/sites/beltway/2011/02/28/how-boeing-won-the-tanker-war/
>>
>> Regards
>>
>>
>>
>> On Sat, Dec 28, 2013 at 6:53 AM, Watila Alex <awatila at yahoo.co.uk> wrote:
>>
>>> finally accessed the task force report at www.cck.go.ke/about/downloads/
>>> *migration*_*digital*_tv.pdf
>>>
>>>
>>> the report made the flowing observations & recommendations on the
>>> digital signal distribution
>>>
>>>
>>> - The signal distributors will provide services to broadcasters on
>>> an equitable, reasonable, non-preferential and non-discriminatory
>>> basis. - *note the distinction between broadcaster &** signal
>>> distributor*. *i was unable to find any obligation placed on
>>> broadcasters to avail their content to all the signal distributors. the
>>> three broadcasters could decide to only provide their content to their
>>> signal distribution company. *
>>> - The functions of a signal distributor were previously carried out
>>> by the broadcasters and a number of challenges come into focus since the
>>> existing broadcasters have already made significant investments in
>>> infrastructure. There has to be a mechanism to ensure that this investment
>>> is not wasted.- *this has been the argument of the three
>>> broadcasters.*
>>> - The high set-up costs will limit the number of signal
>>> distributors. Furthermore, signal distribution services may not penetrate
>>> to areas that are not commercially viable. - *limitation of signal
>>> distributors seems to have been based on cost of set-up and not the
>>> spectrum. according to the three broadcasters, they are able to upgrade
>>> their infrastructure to distribute digital signals at a cost that is
>>> affordable to them*
>>> - In order to reduce the cost of migration, the existing designated
>>> transmitting analogue sites and infrastructure will be used for digital
>>> transmission. - *this has been the argument of the three
>>> broadcasters.*
>>> - Based on the government decision to licence KBC as a signal
>>> distributor, KBC shall form an independent company to run the signal
>>> distribution services in order to avoid conflict of interests or cross
>>> subsidies. - *Signet? shouldn't it have been a locally owned
>>> company. not sure how Chinese ownership came in*
>>> - The current broadcasters will be allowed to form an independent
>>> company to run the signal distribution services in order to utilize their
>>> existing infrastructure. This company should be independent to avoid
>>> conflict of interests or cross subsidies. This company will be given the
>>> first preference to a signal distribution licence. * this seems not
>>> to have happened as recommended. would have prevented the current acrimony*
>>> - Existing broadcasters who own infrastructure will negotiate
>>> commercial terms with the licensed signal distribution provider for
>>> transfer of ownership of the infrastructure.* the three broadcasters
>>> seem unwilling to pursue this as a means of recovering their "40 billion
>>> kes" investment *
>>> - A time limit be set after which broadcasters will not be allowed
>>> to operate unlicensed signal distribution services - *seems the
>>> three broadcasters have a grace period to distribute digitally*.
>>>
>>>
>>>
>>>
>>>
>>>
>>> On 12/27/2013 11:18 AM, Watila Alex wrote:
>>>
>>> does anyone have a copy of the digital migration task force report
>>> that the media houses are referring to in today's appeal?
>>>
>>> --
>>> Sent from Yahoo Mail on Android<http://overview.mail.yahoo.com/mobile/?.src=Android>
>>>
>>> ------------------------------
>>> *From: *Watila Alex <awatila at yahoo.co.uk> <awatila at yahoo.co.uk>;
>>> *To: *Wambua, Christopher <Wambua at cck.go.ke> <Wambua at cck.go.ke>;
>>> *Cc: *Consumer and Public Affairs <CPA at cck.go.ke> <CPA at cck.go.ke>;
>>> KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke><kictanet at lists.kictanet.or.ke>;
>>>
>>> *Subject: *Re: [kictanet] 3 Media houses protest Majanja's Digital
>>> Migration Ruling
>>> *Sent: *Thu, Dec 26, 2013 6:59:06 PM
>>>
>>>
>>> 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> <Wambua at cck.go.ke>;
>>> *To: *<awatila at yahoo.co.uk> <awatila at yahoo.co.uk>;
>>> *Cc: *Consumer and Public Affairs <CPA at cck.go.ke> <CPA at cck.go.ke>;
>>> KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke><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
>>>
>>>
>>>
>>>
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>>
>>
>>
>> --
>> *Regards,*
>>
>> *Wait**haka Ngigi*
>> Chief Executive Officer | Alliance Technologies | MCK Nairobi Synod
>> Building
>> T + 254 (0) 20 2333 471 |Office Mobile: +254 786 28 28 28 | M + 254 737
>> 811 000
>> www.at.co.ke
>>
>>
>>
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>> 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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>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>> online that you follow in real life: respect people's times and bandwidth,
>> share knowledge, don't flame or abuse or personalize, respect privacy, do
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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.
>>
>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>> online that you follow in real life: respect people's times and bandwidth,
>> share knowledge, don't flame or abuse or personalize, respect privacy, do
>> not spam, do not market your wares or qualifications.
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