[kictanet] CCK shuts down illegal broadcast transmitters

Mon Feb 4 17:49:32 EAT 2013

+1

I have always wanted to do that

Robert Yawe
KAY System Technologies Ltd
Phoenix House, 6th Floor
P O Box 55806 Nairobi, 00200
Kenya

Tel: +254722511225, +254202010696

________________________________
 From: "Wambua, Christopher" <Wambua at cck.go.ke>
To: robertyawe at yahoo.co.uk 
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke> 
Sent: Monday, 4 February 2013, 11:45
Subject: Re: [kictanet] CCK shuts down illegal broadcast transmitters

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
Head, Communications and PR, AFRINIC        
  Fax:  +230 466
67 58
george at afrinic.net - www.afrinic.net

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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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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
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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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