[kictanet] CCK shuts down illegal broadcast transmitters

Mon Feb 4 11:45:43 EAT 2013

Paul,

The transmitters that we switched off were using frequencies that were
acquired illegally a few months ago. We issued a 30-day notice regarding
the self-appropriated frequencies on 3rd December 2012, requesting the
affected broadcaster to cease operating the illegal transmitters. We
therefore acted after the expiry of the notice. 

 The other frequencies acquired in the same manner between 2008 and 2012
are awaiting judicial adjudication, and therefore have not been switched
off. 

The issue of timing is in my view misplaced. The law is supposed to be
observed and implemented all the time. State agencies cannot suspend
doing their work because of elections.  CCK is simply executing its
mandate Bwana Roy. 

Wambua

From: kictanet
[mailto:kictanet-bounces+wambua=cck.go.ke at lists.kictanet.or.ke] On
Behalf Of Paul Roy
Sent: Monday, February 04, 2013 11:09 AM
To: Wambua, Christopher
Cc: KICTAnet ICT Policy Discussions
Subject: Re: [kictanet] CCK shuts down illegal broadcast transmitters

Politics politics and more politics. It took CCK over 5 years to realize
that RMS was using illegal frequencies? Surely CCK had a political
motive to act now especially around the election time. If RMS has been
operating illegal frequencies for all this time, then someone at CCK
needs to answer some questions and step aside for investigations.

On Mon, Feb 4, 2013 at 10:44 AM, George Nyabuga <george at afrinic.net>
wrote:

I find it funny that people are reading 'politics' here when it is clear
that Royal Media Services had clearly broken the law, 'grabbed'
frequencies and acted with 'impunity'. Although I am a great supporter
of the freedom of the media, and right to information, CCK acted within
the law by shutting down the transmitters. I also find it odd that
Justice David Majanja issued the order restraining the Communications
Commission of Kenya from interfering with 18transmitters on Sunday. I
hope such court services can be extended to the 'common people' who
continue to suffer injustice. Perhaps CCK can also tell us how many
'legitimate' frequencies Royal Media Services has besides  62 FM ones(
is this figure correct) it reportedly 'hoards'. Why does Royal Media
Services think it's above the law? I find it absolutely ludicrous that
this can be allowed to continue, and that some (especially (even senior)
politicians) think the shut down is politically motivated.

Dr George Nyabuga                                                 Tel:
+230 403 51 00 <tel:%2B230%20403%2051%2000> 
Head, Communications and PR, AFRINIC           Fax:  +230 466 67 58
<tel:%2B230%C2%A0466%2067%2058> 

george at afrinic.net - www.afrinic.net <http://www.afrinic.net/> 

------------------------------------------------------------------------
----------------------------
Please join us at the Africa Internet Summit, Lusaka, Zambia, 9 - 21
June 2013
------------------------------------------------------------------------
----------------------------

On Feb 3, 2013, at 11:46 PM, "Grace Mutung'u (Bomu)"
<nmutungu at gmail.com> wrote:

	and  then came the court orders...on a good sunday!

	2013/2/3, Grace Githaiga <ggithaiga at hotmail.com>:

	Finally!
	CCK has taken the right direction and should not be cowed by all
the noise
	in
	the blogsphere. The law must be enforced regardless of the
timing. An
	illegality is an illegality. Kindly let us not politicize the
matter.
	Enforcement of this judgment does not in any way relate to SK
supporting
	CORD.
	This should be seen as a pure enforcement of a broadcast
requirement.

	Broadcast
	licences have conditions and CCK does warn against their
breaching.
	For example CCK is usually clear on power of transmitter, the
radius of
	broadcast, the equipment that is approved etc. If for example
you go beyond
	that radius, or use a more powerful transmitter and therefore
interfere
	with
	other stations' signals, you breach the law and CCK has to come
in. Further,
	in
	this case, RMS was given sufficient time to put in corrective
measures.

	This
	court case between RMS and CCK has been going on for a while.
Please read:

http://kenyalaw.org/CaseSearch/view_preview1.php?link=705424578913386962
66282

	Just
	to highlight a few things:

	CCK
	issued a public notice on May 17, 2012 where it warned of
"UNAUTHORISED USE
	OF BROADCAST FREQUENCIES"   in the Daily Nation, and
	reminded "the licensed
	frequency users that all radio frequency transmitters must be
operated under
	a
	valid licence whose conditions must be adhered to. In accordance
with
	the Kenya Information and
	Communications Act, Cap 411A, operation of radio services
without a licence
	is an offence that
	attracts a fine of Kshs.5 million and imprisonment for a term
not exceeding
	three years or both"

	Those operating illegal licences were given a
	30 day notice to surrender the frequencies, failure to which CCK
warned that
	it
	would take action. Several radio stations among them Neutral
Digital
	Broadcasters Limited, Trans World Radio - Kenya, Real-Time
Solutions
	Limited,
	Imani Radio & TV Ministries, Capital FM and other stations duly
complied
	with the direction and informed CCK that they had installed band
filters to
	minimise harmful interference.

	CCK wrote to RMS a "Notice of Violation" letter dated 3rd August
	2012, where several non conformities were noted. CCK was
concerned
	that that despite having asked RMS to correct the anomalies, no
action had
	been taken. CCK further asked RMS to take corrective measures
within 30
	days
	from the date of the letter to ensure that it installs "the band
pass
	filters, obtain Type Approval for its transmitters, shut down
unauthorised
	stations and relocate to the designated broadcast sites". RMS on
different
	dates received more letters from CCK on unauthorized use
	frequencies.

	Needless to say, RMS did not comply and instead
	went to court (it enjoined the AG and the Minister of
Information) arguing
	that it was entitled to continued use of the frequencies since
the body
	envisaged by Article 34 (5) of Kenya's 2010 Constitution for
licensing and
	issuing broadcaster's frequencies was
	yet to be established. Further, RMS argued that the letters and
Notice
	issued
	by CCK contravened/violated its fundamental rights and freedoms
under
	Articles
	34, 40, 47 and 48 of Kenya's Constitution and requested the
court.
	Additionally, RMS wanted (14) (g) A permanent injunction
restraining the 2nd
	(Minister) and
	3rd (CCK) respondents
	or any of them from cancelling, stopping, suspending,
restricting or in any
	way
	whatsoever interfering with the petitioner's licences
frequencies,
	broadcasting
	spectrums and broadcasting services.

	The
	courts (Justice Majanja) already re-emphasized the regulatory
role of CCK
	in
	issuance of licences and frequencies on 18th January 2013.

	This
	is the summary of the ruling.

	Conclusion and disposition

	62.  In summary, I find and hold that the CCK is
	entitled to exercise regulatory authority over broadcasting and
other
	electronic media pursuant to the Kenya Information and
	Communications Act until such time as Parliament establishes the
	body contemplated under Article 34(5) of the
	Constitution. Thus prayers (a), (b) and (c) of the amended
petition are
	dismissed.

	63.   I find and hold that the letters dated 6th March
	2012, 3rd August 2012, the Notice of Violation dated 3rd August
	2012 and the notice issued in the Daily Nation of 17th May 2012
	are not in contravention of the petitioners rights protected by
Articles
	34, 40 and 47 of the Constitution as they
	are in the nature of notices that afford RMS to show cause why
regulatory
	action should not be taken against it. As a consequence, I
reject prayers
	(d),
	and (e) of the amended petition.

	64.  The grant of prayers (f) and (g) of the amended
	petition would have the effect of excluding RMS from statutory
regulations.
	As
	I have held, I do not think regulatory action, which entitles
the RMS to
	due
	process is a violation of the Constitution nor does such action
interfere
	with
	its fundamental rights and freedoms of the petitioner.

	65.   In view of the findings I have made, the
	petition is dismissed. As this is a matter for the enforcement
of
	fundamental
	rights and freedoms I decline to make an award for costs.

	66.   I thank counsel who appeared in this matter
	for their detailed submissions.

	DATED and DELIVERED at NAIROBI this
	18th day of January 2013.

	-- 
	Grace L.N. Mutung'u (Bomu)
	Kenya
	Skype: gracebomu
	Twitter: @Bomu
	Website:
http://www.diplointernetgovernance.org/profile/GraceMutungu

	_______________________________________________
	kictanet mailing list
	kictanet at lists.kictanet.or.ke
	https://lists.kictanet.or.ke/mailman/listinfo/kictanet

	Unsubscribe or change your options at
https://lists.kictanet.or.ke/mailman/options/kictanet/george%40afrinic.n
et

	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.

_______________________________________________
kictanet mailing list
kictanet at lists.kictanet.or.ke
https://lists.kictanet.or.ke/mailman/listinfo/kictanet

Unsubscribe or change your options at
https://lists.kictanet.or.ke/mailman/options/kictanet/roykoikai%40gmail.
com

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.

-- 
"Change is slow and gradual. It requires hardwork, a bit of
luck, a fair amount of self-sacrifice and a lot of patience."

Roy. 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.kictanet.or.ke/pipermail/kictanet/attachments/20130204/6f8c22ac/attachment.htm>