[kictanet] Digital Migration Appeal Court Ruling: COFEK Response

Fri Mar 28 22:12:07 EAT 2014

So a court has ruled that if digital migration goes on, the three media
houses might lose money invested......BUT in the same spirit has ruled that
the license for PANG should stand cancelled without caring how much money
PANG has invested?

In addition we have a consumer body and leadership in it that believes that
this make sense?

-----Original Message-----
From: kictanet
[mailto:kictanet-bounces+bkioko=bernsoft.com at lists.kictanet.or.ke] On Behalf
Of Mwendwa Kivuva
Sent: Friday, March 28, 2014 9:57 PM
To: bkioko at bernsoft.com
Cc: KICTAnet ICT Policy Discussions
Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK
Response

I like you sarcasm David.

A few questions!
1. Will CCK refund the millions they collected from licenses?
2. Are the few digital signal distributors now operating illegally?
3. What happens to Signet? Will it have to bid afresh for license like the
other players?
4. If PANG loses in it's new big for a licence, will it go the Yu way?
5. To what body will new players bid to get licenses? It seems CCK has been
rendered useless by the ruling.
6. What happens to those who bought subscription-only set-top boxes, are
they now in possession of e-waste?
7. To use this ruling as precedence, is CCK reconsidering in it's
"privatisation" of KENIC?

I see PANG and CCK going back to court. This is a battle that will be
settled in 2018.

Regards

On 28/03/2014, Dennis Kioko <dmbuvi at gmail.com> wrote:
> Indeed, the consumers won and will continue to inefficiently use 
> spectrum that could have been efficiently split into broadcasting and
communication.
>
> While the consumers now have more choice in terms of signal 
> transmitters, the consumers won by the current status quo that 
> benefits the current few players being maintained. A more efficient 
> use of spectrum that brings more players on board and more choice for 
> the tax payer would be bad for the consumer!
>
> Consumers stay winning indeeed!
>
> On Friday, 28 March 2014, Consumers Federation of Kenya (COFEK) < 
> hotline at cofek.co.ke> wrote:
>
>> Dear All,
>>
>> This afternoon's ruling by the Court of Appeal is certainly a major 
>> win for the consumers, operators and other stakeholders on the 
>> broadcast media.
>> Indeed the consumer movement is emboldened and we hope other sectors 
>> shall take their lesson.
>>
>> It vindicates our long held view that in its' current form, the CCK 
>> (and now CAK) is not the regulator envisaged under Article 34(3) of 
>> the Constitution. We are grateful that the Media Owners Association 
>> have pushed and won the fight we began in December 2012 to make the 
>> transition to digital broadcasting fair and independent to all 
>> stakeholders.
>>
>> We expect that the nullified Broadcast Signal Distribution license to 
>> PANG will have immediate consequences on Star Times and that the BSD 
>> to media owners will be fast-tracked. It will be futile for the 
>> Government to appeal the ruling at the Supreme Court.
>>
>> In light of such embarrassment to Government, it is only fair that 
>> the ICT Secretary resigns from office and that the regulator rescinds 
>> all major decisions it has made as the effect of the ruling has the 
>> potential to reverse all decisions made by the CCK since August 27, 
>> 2010 when the current Constitution was promulgated. Thank you.
>>
>> *Japheth Ogutu*, FOR: Secretary General, The Consumers Federation of 
>> Kenya (Cofek)
>>
>
>
> --
> with Regards:
>
> blog.denniskioko.com <http://www.denniskioko.com/>
>

--
______________________
Mwendwa Kivuva, Nairobi, Kenya
twitter.com/lordmwesh

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