[kictanet] BLOW AS AUTHORITY WITHDRAWS MEDIA OWNERS LICENSE, FREQUENCIES REPOSSESSED, DECODERS BANNED

Wed Jan 21 20:05:06 EAT 2015

Well put @Eng Wainaina,

I support your advise on the need to appreciate multistakeholder processes.
I was once told that in court rooms, only lawyers win!

Regards
Bob.

On Wed, Jan 21, 2015 at 6:57 PM, Eng. Wainaina Mungai via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> With all the undesirable activity surrounding Digital Migration process in
> Kenya, I have been hesitant to comment. However, as a former Chairman of
> the Assembly of Broadcasting Operators in EACO, it has escalated to a call
> of duty. I start by recognising that the Director General of Communications
> Authority is under obligation to be the firm referee in ending the
> confusion caused by an unproductive confrontation between stakeholders.
> Even where we may differ on certain aspects of the regulatory action, the
> CA has today played its role in a decisive manner.
>
> It should therefore become clear to Kenyan broadcasters that they need to
> develop Policy Engagement and Regulatory Compliance roles within their
> organisational structures. Not to rely on fire fighting or litigation. I
> have severally advised that not every dispute needs to end up in litigation
> or degenerate to level of unproductive contests were are being treated to
> in the latest dispute. We must seek to resolve issues in the Boardroom -
> not the Court Room. Litigation by broadcasters is growing into a business
> risk issue and, on many occassions, the outcome has proved
> counterproductive.
>
> Many of these battles in Kenya's broadcasting subsector point to weakened
> engagement either due to inability or unwillingness to comply. For
> instance, why would the clearly unethical advertisements run before
> Type-Approval of the STB/decoder had been obtained? Why would an
> infomercial be obsessively and repeatedly played against PayTV operators
> who are potential advertising clients - business partners who also deliver
> Free to Air channels on their Free to Air decoders?
>
> The media in Kenya has for long underutilised the many channels of
> negotiation as relates to Policy and Regulation. They have historically
> been absent from public forums and multistakeholder processes such as the
> National ICT Policy development process. The broadcasters have been late in
> comments to National Spectrum Policy or to the sector Regulation. They have
> prefered instead to engage in the singular refrain about #PressFreedom and
> #MuzzlingThePress even in cases where 'the shoe doesn't fit'. The immediate
> response by media houses to the CA decision has already began to take the
> same #FreedomOfthePress tone that repeatedly weakens their capacity to
> develop preventive mechanisms and less confrontational approaches to
> dispute resolution.
>
> A win-win approach to the Digital Migration disputes would have seen Kenya
> lead the continent in the process. In the spirit of fair competition, it
> was therefore not proper for traditional Kenyan broadcasters to have
> celebrated the cancellation of the PANG/Startimes licence by the Court of
> Appeal in mid 2014. The reversal of the decision by the Supreme Court in
> September 2014 provided an opportunity for broadcasters to engage with the
> regulator (and all other stakeholders) in a win-win arrangement for their
> respective businesses and for the country. There are many players in the
> Digital TV space who hope for an end perennial disputes whose origins and
> motivation do not seize to confound. They include importers of set top
> boxes, new Digital TV stations such as 3Stones TV and many others whose
> views are seemingly disregarded by the Consortium of 3 broadcasters.
>
> May this be the opening of a new chapter in Kenya's broadcasting sector -
> an opportunity to heal old wounds suffered under past regimes and to
> appreciate the value of the Boardroom as opposed to the Court Room. Let the
> broadcasters put aside the characteristic chest thumping and have positive
> engagements with the regulator and other stakeholders as was proposed by
> the Supreme Court.
>
> Regards,
> Eng Wainaina Mungai
> SOURCE: www.wainainamungai.com
> On 21 Jan 2015 16:22, "Consumers Federation of Kenya (COFEK) via kictanet"
> <kictanet at lists.kictanet.or.ke> wrote:
>
>> Dear All,
>>
>>
>>
>> Here is Cofek’s response on the CA decision:
>> http://www.cofek.co.ke/index.php/14-news/918-cofek-response-on-the-latest-decision-by-the-communications-authority-on-digital-migration-process
>>
>>
>>
>> We appreciate your feedback. Wish a pleasant consumer experience!
>>
>>
>>
>> David Kedode
>>
>> *Program Officer*
>>
>> www.cofek.co.ke
>>
>>
>>
>> *From:* kictanet [mailto:kictanet-bounces+hotline=
>> cofek.co.ke at lists.kictanet.or.ke] *On Behalf Of *Dennis Kioko via
>> kictanet
>> *Sent:* Wednesday, January 21, 2015 3:05 PM
>> *To:* The Consumers Federation of Kenya (Cofek)
>> *Subject:* Re: [kictanet] BLOW AS AUTHORITY WITHDRAWS MEDIA OWNERS
>> LICENSE, FREQUENCIES REPOSSESSED, DECODERS BANNED
>>
>>
>>
>> Cue, another court case and probable suspension of the announcement.
>>
>> On Wed Jan 21 2015 at 14:58:10 Bernard Kioko via kictanet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>> Hehehe….** grabs popcorn **
>>
>>
>>
>> *From:* kictanet [mailto:kictanet-bounces+bkioko=
>> bernsoft.com at lists.kictanet.or.ke] *On Behalf Of *James Mbugua via
>> kictanet
>> *Sent:* Wednesday, January 21, 2015 2:43 PM
>> *To:* bkioko at bernsoft.com
>> *Subject:* [kictanet] BLOW AS AUTHORITY WITHDRAWS MEDIA OWNERS LICENSE,
>> FREQUENCIES REPOSSESSED, DECODERS BANNED
>>
>>
>>
>> Fed up with three media houses that have delayed the digital migration
>> process and abused their outlets to slander rivals GOtv and Startimes, the
>> Communications Authority has cracked the whip; withdrawn the license of the
>> three media houses to transmit digitally, halted the issuance of a digital
>> signal distribution license to them and asked KRA to prohibit any
>> importation of set top boxes by the three media houses....read more here
>>
>>
>>
>>
>> http://nairobitech.blogspot.com/2015/01/authority-repossesses-ntvctvktn.html
>>
>>
>>
>> Below is the full statement issued by CAK director-general Francis Wangusi
>>
>>
>>
>> PRESS STATEMENT BY MR. FRANCIS WANGUSI, DIRECTOR GENERAL, COMMUNICATIONS
>> AUTHORITY OF KENYA (CA), ON THE ADVERTISEMENT BY NATION MEDIA GROUP,
>> STANDARD GROUP AND ROYAL MEDIA SERVICES, RELATING TO MEDIA TRANSMISSION
>> SERVICES
>>
>> 21ST JANUARY 2015
>>
>> It has come to the attention of the Authority that three media houses,
>> namely Nation Media Group Limited, Standard Group Limited and Royal Media
>> Group Limited have jointly been running a misleading advertisement on
>> Television and Radio since Friday 16th January 2015. The said advertisement
>> purports that Startimes and GOtv are illegally carrying their content
>> thereby infringing on copyright and neighbouring rights. The advertisement
>> goes farther to instruct consumers not to purchase Startimes and GOtv
>> pay-tv set-top boxes to watch CITIZEN Television, NTV, KTN and QTV. In
>> addition, the advertisement allege that the three media houses are the
>> exclusive vendors of Free-To-Air set-top-boxes that can enable the public
>> to view their channels
>>
>> The Authority is gravely concerned by the misleading content in the
>> advertisement and wishes to advise the industry and the general public as
>> follows:
>>
>> 1. The advertisement by the three media houses is misleading to the
>> public, is offensive to the market. It is equally in gross violation of the
>> legal and regulatory framework governing the sector;
>>
>> 2. The tone of the advertisement, its content and timing is intended to
>> cause confusion and disrupt the digital migration programme;
>>
>> 3. The digital migration framework allows for the distribution of the
>> ‘Free-to-Air’ signals on the digital platform under the “must-carry
>> principle” . This was supported by the ruling of the Supreme Court of Kenya
>> in September 2014 . It allowed for the availability of Free-to-Air channels
>> to the public through all set-top-boxes (FTA and Pay TV). The advertisement
>> dissuading consumers from purchasing set-top-boxes from other suppliers
>> approved by the Authority is therefore misleading to the public and
>> portrays anti-competitive conduct by the three media houses. Consumers need
>> not be constrained to purchase a specific set top box to view the content
>> of the three broadcasters whose content is Free-to Air;
>>
>> 4. The Authority has type-approved more than 65 set top boxes which are
>> available in the market today. GOTV and Startimes set top boxes are duly
>> type-approved by the Authority and are therefore authentic decoders in the
>> local market authorized to carry the Free-to-Air Channels of the three
>> media houses under the auspices of the “Must Carry Principle;
>>
>> 5. The sale of set top boxes in Kenya is a free market. Consumers can
>> purchase type approved set top boxes from any vendor registered by the
>> Authority. The full list of approved set top boxes and registered vendors
>> can be freely accessed on the Authority’s website;
>>
>> 6. The Authority has neither received any application nor granted any
>> type-approval of any set top box model from the three broadcasters,
>> individually or collectively, for sale in Kenya. It is therefore illegal to
>> purport to advertise set-top-boxes that have not been type-approved by the
>> Authority;
>>
>> 7. The Authority has also received a formal complaint from Gotv and
>> Startimes that the three media houses have refused to Air their
>> digital-migration related advertisements which is potentially an
>> anti-competitive conduct prohibited by law. While this complaint has not
>> been investigated, the Authority notes with concern that it has itself been
>> a victim of such refusal to carry advertisements both in the electronic and
>> print media owned by the three media houses, yet the advertisements are
>> aimed at educating the public on digital migration.
>>
>> In view of these gross violations by the three media houses as enumerated
>> above, the Authority has decided to take the following administrative
>> actions:
>>
>> 1. Withdraw the temporary authorization granted to the consortium by the
>> three media houses (under the consortium identified as Africa Digital
>> Network). Subsequently the Authority shall reposes the frequency spectrum
>> resources allocated with immediate effect;
>>
>> 2. Decline to continue with the process of issuance of a Network
>> Facilities Provider Tier 2 License for self-provisioning to the three media
>> houses, pursuant to Gazette Notice Number 9088 dated 19th December 2014.
>> This is on account of the above violations of the legal and regulatory
>> framework. The process shall therefore await the ruling and determination
>> of the Competition Authority of Kenya and the Board of the Communications
>> Authority of Kenya on the violations by the three media houses.
>>
>> 3. Liaise with the Kenya Revenue Authority (KRA) and Kenya Bureau of
>> Standards (KeBS) to bar the importation of set top boxes by the three media
>> houses considering the purported set top boxes are not type-approved by the
>> Authority; and
>>
>> 4. Invite the Competition Authority of Kenya to investigate the
>> cartel-like behavior and anti-competitive conduct and take appropriate
>> regulatory remedies.
>>
>> We further wish to inform the public that registered vendors have in
>> stock different models of approved Free-to-air and Pay-TV set top boxes
>> that are readily available locally for purchase. More than 1.2 million set
>> top boxes have been purchased since migration in Kenya began. At the
>> moment, the market has more than 1.5 million set top boxes in stock. As we
>> progress into the second phase of the analogue switch-off in the country,
>> consumers are encouraged to purchase set top boxes of their choice ahead of
>> switch-off in order to enjoy digital television.
>>
>> The withdrawal of the temporary self-provisioning authorization granted
>> to the consortium and the repossession of the the allocated resources does
>> not in any way prejudice the availability of the services of the three
>> broadcasters. The broadcasters are at liberty to avail their content on the
>> digital platform through the existing licensed Broadcast Signal
>> Distributors.
>>
>> Let me reiterate that the Authority does not condone contraventions of
>> the Act by any of its licencees. The Authority will continue to execute its
>> regulatory mandate with a view to ensure successful migration of Kenyans
>> from the analogue to the digital platforms and ultimately for the growth of
>> the ICT sector in Kenya.
>>
>> Issued on 21st January 2015
>>
>>
>> *------------------------------*
>>
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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
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>
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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.
>
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