[kictanet] CCK shuts down illegal broadcast transmitters

Sat Feb 2 17:25:53 EAT 2013

Walu,

Thanks for your comments.  However, the implications of erection of transmitters without authorization are quite grave. As we indicated in our press statement, the safety of our airspace is at stake here. The KCAA and Kenya Airways have lodged complaints with us regarding interferences in communication between pilots and the control towers at our airports. The situation is even more grave for helicopters and small planes which usually fly at low altitude, and which could easily crash into transmitters put up on hills without approval and which the Kenya Civil Aviation Authority has no information about. The Kenya Association of Air Operators clearly explained this issue during our press conference today. Our presidential candidates are traversing the country using helicopters.  In any case we gave a  30-day notice on 3rd December 2012, which RMS ignored. 

Our mandate is not been suspended because of the impending elections. We are simply executing our mandate, and therefore trying to avert a disaster and to ensure that there is no impunity in the ICT sector.  I am sure if a disaster happened as a result of use of unauthorized frequencies and erection of illegal transmitters, the argument would be quite different. 

Wambua 

From: Walubengo J [mailto:jwalu at yahoo.com] 
Sent: Saturday, February 02, 2013 5:03 PM
To: Wambua, Christopher
Cc: KICTAnet ICT Policy Discussions
Subject: Re: [kictanet] CCK shuts down illegal broadcast transmitters

@Wambua,

Its nice to see that CCK can finally bite...and the move is long overdue.  Which brings in the burning issue in the blogsphere - Why now? Just like the digital switch off saga, the coincidence with the looming election is something that could and should have been avoided.

One can only wish the axe should have fallen earlier rather than now.

walu.

________________________________

From: "Wambua, Christopher" <Wambua at cck.go.ke>
To: jwalu at yahoo.com 
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke> 
Sent: Saturday, February 2, 2013 11:10 AM
Subject: [kictanet] CCK shuts down illegal broadcast transmitters

Listers,

CCK shuts down unauthorized broadcast transmitters 

The Commission has this morning shut down six Royal Media Services broadcast transmitters in Nakuru, Narok, Mukuyuni (Makueni) and Mabrui (Malindi) which were being operated without a licence and using unauthorized or ‘grabbed’ frequencies. 

The six are part of 17 transmitters put up illegally by Royal Media Services in the recent past without a licence from CCK, and therefore in contravention of the law.  Some of the transmitters are located in non-designated broadcasting sites thus causing interferences to other critical services including aviation.  A further 22 FM and 2 TV unauthorized frequencies that Royal Media Services acquired in the same manner between 2008 and 2012 are pending adjudication in the courts. 

Section 35 of the Kenya Information and Communications Act, 1998, outlaws the setting up and operation of communications apparatus without authorization from CCK.

Addressing the media today, CCK Director General Mr. Francis W. Wangusi said the illegal transmitters were causing interferences to broadcasters in Kenya and the region, and interfering with avionic communication thus threatening the safety of Kenya’s airspace. 

“In some instance the interferences are so intense that the services of other broadcasters using duly authorized frequencies have been rendered completely inoperable,” said Mr. Wangusi.  

He added that the safety of our airspace was under threat as these illegal transmitters had on a number of occasions caused interferences to communication between pilots and the control tower at our main airports.  

The Commission shall in the next few days shut down the remaining 11 illegal stations to ensure that all players in the broadcasting sector operate within the law. 

CCK is the only state organ charged with the responsibility of managing Kenya’s frequency spectrum.  Central management of the frequency spectrum is critical in ensuring orderly exploitation of this scarce and limited resource, and to avoid interferences among various spectrum users. 

All spectrum users, therefore, are required to operate under a licence issued by CCK and which must be kept in force through adherence to the operational parameters stipulated in the licence.  Mr. Wangusi said the grab up of frequencies had no place in Kenya, where there is an existing institutional framework in place for managing frequencies.  

Unauthorized use of spectrum amounts to an act of impunity and flies in the face of the regulatory requirement to provide an equal platform for all players.  It also denies the regulator of spectrum resources to address the policy objectives of plurality and diversity, and to cater for devolution requirements as envisaged in the constitution.  

The full press statement by the CCK Director General is attached. 

Christopher Wambua

Manager/Communications

Consumer and Public Affairs Division 

Communications Commission of Kenya

P.O. Box 14448, NAIROBI 00800

KENYA

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