Walu, Thanks for your comments. However, the implications of erection of transmitters without authorization are quite grave. As we indicated in our press statement, the safety of our airspace is at stake here. The KCAA and Kenya Airways have lodged complaints with us regarding interferences in communication between pilots and the control towers at our airports. The situation is even more grave for helicopters and small planes which usually fly at low altitude, and which could easily crash into transmitters put up on hills without approval and which the Kenya Civil Aviation Authority has no information about. The Kenya Association of Air Operators clearly explained this issue during our press conference today. Our presidential candidates are traversing the country using helicopters. In any case we gave a 30-day notice on 3rd December 2012, which RMS ignored. Our mandate is not been suspended because of the impending elections. We are simply executing our mandate, and therefore trying to avert a disaster and to ensure that there is no impunity in the ICT sector. I am sure if a disaster happened as a result of use of unauthorized frequencies and erection of illegal transmitters, the argument would be quite different. Wambua From: Walubengo J [mailto:jwalu@yahoo.com] Sent: Saturday, February 02, 2013 5:03 PM To: Wambua, Christopher Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] CCK shuts down illegal broadcast transmitters @Wambua, Its nice to see that CCK can finally bite...and the move is long overdue. Which brings in the burning issue in the blogsphere - Why now? Just like the digital switch off saga, the coincidence with the looming election is something that could and should have been avoided. One can only wish the axe should have fallen earlier rather than now. walu. ________________________________ From: "Wambua, Christopher" <Wambua@cck.go.ke> To: jwalu@yahoo.com Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Saturday, February 2, 2013 11:10 AM Subject: [kictanet] CCK shuts down illegal broadcast transmitters Listers, CCK shuts down unauthorized broadcast transmitters The Commission has this morning shut down six Royal Media Services broadcast transmitters in Nakuru, Narok, Mukuyuni (Makueni) and Mabrui (Malindi) which were being operated without a licence and using unauthorized or ‘grabbed’ frequencies. The six are part of 17 transmitters put up illegally by Royal Media Services in the recent past without a licence from CCK, and therefore in contravention of the law. Some of the transmitters are located in non-designated broadcasting sites thus causing interferences to other critical services including aviation. A further 22 FM and 2 TV unauthorized frequencies that Royal Media Services acquired in the same manner between 2008 and 2012 are pending adjudication in the courts. Section 35 of the Kenya Information and Communications Act, 1998, outlaws the setting up and operation of communications apparatus without authorization from CCK. Addressing the media today, CCK Director General Mr. Francis W. Wangusi said the illegal transmitters were causing interferences to broadcasters in Kenya and the region, and interfering with avionic communication thus threatening the safety of Kenya’s airspace. “In some instance the interferences are so intense that the services of other broadcasters using duly authorized frequencies have been rendered completely inoperable,” said Mr. Wangusi. He added that the safety of our airspace was under threat as these illegal transmitters had on a number of occasions caused interferences to communication between pilots and the control tower at our main airports. The Commission shall in the next few days shut down the remaining 11 illegal stations to ensure that all players in the broadcasting sector operate within the law. CCK is the only state organ charged with the responsibility of managing Kenya’s frequency spectrum. Central management of the frequency spectrum is critical in ensuring orderly exploitation of this scarce and limited resource, and to avoid interferences among various spectrum users. All spectrum users, therefore, are required to operate under a licence issued by CCK and which must be kept in force through adherence to the operational parameters stipulated in the licence. Mr. Wangusi said the grab up of frequencies had no place in Kenya, where there is an existing institutional framework in place for managing frequencies. Unauthorized use of spectrum amounts to an act of impunity and flies in the face of the regulatory requirement to provide an equal platform for all players. It also denies the regulator of spectrum resources to address the policy objectives of plurality and diversity, and to cater for devolution requirements as envisaged in the constitution. The full press statement by the CCK Director General is attached. Christopher Wambua Manager/Communications Consumer and Public Affairs Division Communications Commission of Kenya P.O. Box 14448, NAIROBI 00800 KENYA _______________________________________________ kictanet mailing list kictanet@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/jwalu%40yahoo.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.

They are not paying for the frequencies. In any case we cannot accept payment for spectrum that is self assigned or grabbed. I can confirm that this matter will be before the courts soon. Sent from my BlackBerry® -----Original Message----- From: Kivuva <Kivuva@transworldafrica.com> Sender: "kictanet" <kictanet-bounces+wambua=cck.go.ke@lists.kictanet.or.ke> Date: Sun, 3 Feb 2013 09:29:14 To: <Wambua@cck.go.ke> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] CCK shuts down illegal broadcast transmitters Walu, this is a great thing CCK have done, but if Royal media is in breach of the law, why is CCK not suing them together with taking down the masts? You mean I can just setup masts and start broadcasting without CCK's approval? This is impunity of the highest order. Word on the streets is that powerful forces not happy with the owner's political stand are turning the knife. But is the side he's supporting not equally powerful in the "nusu-mkate" government? Wambua, can you clarify that Royal media was paying for the frequencies, and if so, on what basis? -- ______________________ Mwendwa Kivuva For Business Development Transworld Computer Channels Cel: 0722402248 twitter.com/lordmwesh transworldAfrica.com | Fluent in computing kenya.or.ke | The Kenya we know _______________________________________________ kictanet mailing list kictanet@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/wambua%40cck.go.ke 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.

and then came the court orders...on a good sunday! 2013/2/3, Grace Githaiga <ggithaiga@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=7054245789133869626628...

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

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@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@gmail.com> wrote:

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

2013/2/3, Grace Githaiga <ggithaiga@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=7054245789133869626628...

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 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.

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@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@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@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@gmail.com> wrote: and then came the court orders...on a good sunday! 2013/2/3, Grace Githaiga <ggithaiga@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@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@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.

On Mon, Feb 4, 2013 at 11:45 AM, Wambua, Christopher <Wambua@cck.go.ke>wrote:

Paul,****

** **

The transmitters that we switched off were using frequencies that were acquired illegally a few months ago.

[snip] Hi Wambua, How does one acquire frequency(s) illegally? I am interested in a few for my selfish self:-) May I ask what the procedure is for the acquisition of a frequency and how RMS violated this? How about the other sacred cows who own/hoard frequencies which acquired legally or otherwise? When is CCK biting them? Shouldn't those be repossessed now() ? It's one thing to bite and another to bite at the wrong time (by perception, not legally). I personally feel that it is right to IMMEDIATELY shut down broadcasts on frequencies used in Aviation, but the others can be handled "slowly":-) These cases have dragged for years anyway and nothing happened as a result of the use. It's not like whatever it is was gonna happen now that approach elections - hence my use of "wrong timing". -- Best regards, Odhiambo WASHINGTON, Nairobi,KE +254733744121/+254722743223 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I can't hear you -- I'm using the scrambler.

Thank you. Taking time offlist to read and appreciate just how bad this had gotten - interference in TZ and UG! Waiting for evening news for update from the courts. On Mon, Feb 4, 2013 at 5:31 PM, Wambua, Christopher <Wambua@cck.go.ke>wrote:

Washington,****

** **

Frequencies are acquired illegally by crawling the airwaves (there are gadgets for doing this) and squatting on any that is available without first seeking authorization from the regulator. This is not allowed in any jurisdiction because a lot of coordination with the ITU and neighbouring countries is done before regulators identify any frequency as free for assignment. That is why RMS transmitters that were using self-appropriated spectrum were causing harmful interferences in Uganda and Tanzania.****

** **

The procedure for applying for frequencies for the various radio communication services are available on our website at http://www.cck.go.ke/licensing/spectrum/procedures.html ****

** **

The hoarding frequencies is virtually dead, largely through enforcement and trading in the secondary market. ****

** **

I hope I have adequately answered your queries. ****

** **

Best regards,****

** **

*Christopher Wambua*

*Manager/Communications*

*Consumer and Public Affairs Division *

*Communications Commission of Kenya*

*P.O. Box 14448, NAIROBI 00800*

*KENYA*

** **

** **

** **

*From:* kictanet [mailto:kictanet-bounces+wambua= cck.go.ke@lists.kictanet.or.ke] *On Behalf Of *Odhiambo Washington *Sent:* Monday, February 04, 2013 3:58 PM

*To:* Wambua, Christopher *Cc:* KICTAnet ICT Policy Discussions *Subject:* Re: [kictanet] CCK shuts down illegal broadcast transmitters*** *

** **

** **

On Mon, Feb 4, 2013 at 11:45 AM, Wambua, Christopher <Wambua@cck.go.ke> wrote:****

Paul,****

****

The transmitters that we switched off were using frequencies that were acquired illegally a few months ago.****

[snip]

Hi Wambua,

How does one acquire frequency(s) illegally? I am interested in a few for my selfish self:-)

May I ask what the procedure is for the acquisition of a frequency and how RMS violated this?

How about the other sacred cows who own/hoard frequencies which acquired legally or otherwise? When is CCK biting them? Shouldn't those be repossessed now() ?

It's one thing to bite and another to bite at the wrong time (by perception, not legally).

I personally feel that it is right to IMMEDIATELY shut down broadcasts on frequencies used in Aviation, but the others can be handled "slowly":-) These cases have dragged for years anyway and nothing happened as a result of the use. It's not like whatever it is was gonna happen now that approach elections - hence my use of "wrong timing".****

** **

-- Best regards, Odhiambo WASHINGTON, Nairobi,KE +254733744121/+254722743223 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I can't hear you -- I'm using the scrambler.****

-- Best regards, Odhiambo WASHINGTON, Nairobi,KE +254733744121/+254722743223 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I can't hear you -- I'm using the scrambler.

+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@cck.go.ke> To: robertyawe@yahoo.co.uk Cc: KICTAnet ICT Policy Discussions <kictanet@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@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@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@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@gmail.com> wrote:   and  then came the court orders...on a good sunday!

2013/2/3, Grace Githaiga <ggithaiga@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=7054245789133869626628...

Just to highlight a few things:

CCK issued a public notice on May 17, 2012 where it warned of

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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 "UNAUTHORISED USE 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@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. _______________________________________________ kictanet mailing list kictanet@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/robertyawe%40yahoo.co.... 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.

And I wish to see the DG move swiftly on all other such issues so he is not seen to be partisan. Over to you DG. I am looking forward to reading more updates from Christopher Wambua this week on the various such activities you will undertake this week. Let us get busy.........especially with those who are hoarding frequencies. Why are they still holding them? And Wambua can you name and shame them today? Gilda Odera ----- Original Message ----- From: Odhiambo Washington To: godera@skyweb.co.ke Cc: KICTAnet ICT Policy Discussions Sent: Monday, February 04, 2013 11:54 AM Subject: Re: [kictanet] CCK shuts down illegal broadcast transmitters CCK was simply keeping off the sacred cows. Don't be fooled. We still have sacred cows even in this new constitutional dispensation. The untouchables will all soon be touchable. It's just a matter of time, usually. It's common knowledge that there are others (in govt) who are holding/hoarding frequencies too, but CCK is not yet talking about them. On Mon, Feb 4, 2013 at 11:09 AM, Paul Roy <roykoikai@gmail.com> wrote: 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@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@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@gmail.com> wrote: and then came the court orders...on a good sunday! 2013/2/3, Grace Githaiga <ggithaiga@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=7054245789133869626628... 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@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.net 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@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. _______________________________________________ kictanet mailing list kictanet@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/odhiambo%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. -- Best regards, Odhiambo WASHINGTON, Nairobi,KE +254733744121/+254722743223 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I can't hear you -- I'm using the scrambler. ------------------------------------------------------------------------------ _______________________________________________ kictanet mailing list kictanet@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/godera%40skyweb.co.ke 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.

Listers, The DG has got to do what the DG has got to do. Can we all put politics aside and ask ourselves this question: If any of the presidential candidates' helicopters went down due to interference on aviation spectrum, who will take the blame for it when the usual investigative commission is set up? Let us get serious. This is a very serious issue. If these frequencies are intefering on aviation spectrum and lives may be lost, yet they were not authorised, what really are we debating about here? Now, really! Gilda Odera ----- Original Message ----- From: George Nyabuga To: godera@skyweb.co.ke Cc: KICTAnet ICT Policy Discussions Sent: Monday, February 04, 2013 10:44 AM Subject: Re: [kictanet] CCK shuts down illegal broadcast transmitters 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@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@gmail.com> wrote: and then came the court orders...on a good sunday! 2013/2/3, Grace Githaiga <ggithaiga@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=7054245789133869626628... 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@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.net 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@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/godera%40skyweb.co.ke 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.

I am sure we all understand this clarification from Mr. Wambua. The very essence of the CCK is to ensure an orderly and accountable manner on the use of frequencies which by the way are just a public resource like the road you just drove on this morning. I am sure many of us would annoyingly stop our cars, get out and clear a live broadcast van on the middle of the road e.g uhuru highway for causing a traffic jam without hesitation regardless of the timing. On Sat, Feb 2, 2013 at 5:25 PM, Wambua, Christopher <Wambua@cck.go.ke>wrote:

Walu,****

** **

Thanks for your comments. However, the implications of erection of transmitters without authorization are quite grave. As we indicated in our press statement, the safety of our airspace is at stake here. The KCAA and Kenya Airways have lodged complaints with us regarding interferences in communication between pilots and the control towers at our airports. The situation is even more grave for helicopters and small planes which usually fly at low altitude, and which could easily crash into transmitters put up on hills without approval and which the Kenya Civil Aviation Authority has no information about. The Kenya Association of Air Operators clearly explained this issue during our press conference today. Our presidential candidates are traversing the country using helicopters. In any case we gave a 30-day notice on 3rd December 2012, which RMS ignored. ****

** **

Our mandate is not been suspended because of the impending elections. We are simply executing our mandate, and therefore trying to avert a disaster and to ensure that there is no impunity in the ICT sector. I am sure if a disaster happened as a result of use of unauthorized frequencies and erection of illegal transmitters, the argument would be quite different. * ***

** **

Wambua ****

** **

** **

** **

*From:* Walubengo J [mailto:jwalu@yahoo.com] *Sent:* Saturday, February 02, 2013 5:03 PM *To:* Wambua, Christopher

*Cc:* KICTAnet ICT Policy Discussions *Subject:* Re: [kictanet] CCK shuts down illegal broadcast transmitters*** *

** **

@Wambua,****

** **

Its nice to see that CCK can finally bite...and the move is long overdue. Which brings in the burning issue in the blogsphere - Why now? Just like the digital switch off saga, the coincidence with the looming election is something that could and should have been avoided.****

** **

One can only wish the axe should have fallen earlier rather than now.****

** **

walu.****

** ** ------------------------------

*From:* "Wambua, Christopher" <Wambua@cck.go.ke> *To:* jwalu@yahoo.com *Cc:* KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> *Sent:* Saturday, February 2, 2013 11:10 AM *Subject:* [kictanet] CCK shuts down illegal broadcast transmitters****

** **

Listers,****

****

*CCK shuts down unauthorized broadcast transmitters *****

* *****

The Commission has this morning shut down six Royal Media Services broadcast transmitters in Nakuru, Narok, Mukuyuni (Makueni) and Mabrui (Malindi) which were being operated without a licence and using unauthorized or ‘grabbed’ frequencies. ****

****

The six are part of 17 transmitters put up illegally by Royal Media Services in the recent past without a licence from CCK, and therefore in contravention of the law. Some of the transmitters are located in non-designated broadcasting sites thus causing interferences to other critical services including aviation. A further 22 FM and 2 TV unauthorized frequencies that Royal Media Services acquired in the same manner between 2008 and 2012 are pending adjudication in the courts. ****

****

Section 35 of the *Kenya Information and Communications Act,* *1998*, outlaws the setting up and operation of communications apparatus without authorization from CCK.****

****

Addressing the media today, CCK Director General Mr. Francis W. Wangusi said the illegal transmitters were causing interferences to broadcasters in Kenya and the region, and interfering with avionic communication thus threatening the safety of Kenya’s airspace. ****

****

“In some instance the interferences are so intense that the services of other broadcasters using duly authorized frequencies have been rendered completely inoperable,” said Mr. Wangusi. ****

****

He added that the safety of our airspace was under threat as these illegal transmitters had on a number of occasions caused interferences to communication between pilots and the control tower at our main airports. ****

****

The Commission shall in the next few days shut down the remaining 11 illegal stations to ensure that all players in the broadcasting sector operate within the law. ****

****

CCK is the only state organ charged with the responsibility of managing Kenya’s frequency spectrum. Central management of the frequency spectrum is critical in ensuring orderly exploitation of this scarce and limited resource, and to avoid interferences among various spectrum users. ****

****

All spectrum users, therefore, are required to operate under a licence issued by CCK and which must be kept in force through adherence to the operational parameters stipulated in the licence. Mr. Wangusi said the grab up of frequencies had no place in Kenya, where there is an existing institutional framework in place for managing frequencies. ****

****

Unauthorized use of spectrum amounts to an act of impunity and flies in the face of the regulatory requirement to provide an equal platform for all players. It also denies the regulator of spectrum resources to address the policy objectives of plurality and diversity, and to cater for devolution requirements as envisaged in the constitution. ****

****

The full press statement by the CCK Director General is attached. ****

****

****

*Christopher Wambua*****

*Manager/Communications*****

*Consumer and Public Affairs Division *****

*Communications Commission of Kenya*****

*P.O. Box 14448, NAIROBI 00800*****

*KENYA*****

****

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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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