[kictanet] CCK shuts down illegal broadcast transmitters

Mon Feb 4 14:44:27 EAT 2013

Paul,
Just in case you did not know CCK has been in court for five years and
only two weeks ago the court ruled in their favour.

Ndemo.

> 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
>> Head, Communications and PR, AFRINIC           Fax:  +230 466 67 58
>> george at afrinic.net - 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=70542457891338696266282
>>
>>
>>
>> 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
>>
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>> sector in support of the national aim of ICT enabled growth and
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>
>
>
> --
> "Change is slow and gradual. It requires hardwork, a bit of
> luck, a fair amount of self-sacrifice and a lot of patience."
>
> Roy.
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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.