Digital Migration Appeal Court Ruling: COFEK Response
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)
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@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/>
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@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@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
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@lists.kictanet.or.ke] On Behalf Of Mwendwa Kivuva Sent: Friday, March 28, 2014 9:57 PM To: bkioko@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@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@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 _______________________________________________ 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/bkioko%40bernsoft.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. -- * ------------------------------ * This e-mail and any attachments may contain information that is confidential, legally privileged and protected by law and is intended for the sole use of the named recipient(s). Any unauthorized review, use, or disclosure or distribution is prohibited. Any liability (in negligence or otherwise) arising from any third party acting, or refraining from acting on any information contained in this email is hereby excluded. If you are not the intended recipient, please delete the contents and notify the sender immediately; do not disclose the contents to any other person, use it for any purpose or store or copy the information in any medium. Whilst our e-mails are checked for viruses, we cannot guarantee that this message or any attachment is virus free, does not contain malicious code or is incompatible with your electronic system and the Company does not accept liability in respect of viruses, malicious code or any related problems that you might experience. For further information about us, please contact us at the address indicated below. Bernsoft Interactive Limited - P O Box 15177-00100 Nairobi - Tel: +254 722 929192 Email: admin@bernsoft.com Web: www.bernsoft.com
What exactly have the consumers won? On Fri, Mar 28, 2014 at 6:47 PM, Consumers Federation of Kenya (COFEK) < hotline@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)
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Government of the Big fish, by the Big fish, for the Big fish. Sent from my iPad
On Mar 28, 2014, at 7:10 PM, "Rad!" <conradakunga@gmail.com> wrote:
What exactly have the consumers won?
On Fri, Mar 28, 2014 at 6:47 PM, Consumers Federation of Kenya (COFEK) <hotline@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)
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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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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.
Allegedly, Pan Africa Network Group's license has also been revoked - after they had invested millions in setting up a distribution network. So how does this play out? http://www.techweez.com/2014/03/28/commandeer-digital-migration-pangs-licens... -- with Regards: blog.denniskioko.com <http://www.denniskioko.com/>
A day full of erroneous decisions, what with a Court that does not seem to recognize when they are over-stepping, irrespective of whether you agree with the ruling or not, how is it that a court can decide to issue licences, and orders this be issued without any competitive bidding contrary to Article 227 of the Constitution, which demands transparency, fairness and competition in public procurement... While on the other hand a CAK that can be bullied to approve acquisitions in an anti-competitive move mostly due to a very clear conflict of interest... and I wont even get into the "Consumer" outfit that seems to be mixed up confusing "consumer rights" with "media rights" ... I honestly don't know whether to laugh or cry! On Friday, March 28, 2014 8:28 PM, Dennis Kioko <dmbuvi@gmail.com> wrote: Allegedly, Pan Africa Network Group's license has also been revoked - after they had invested millions in setting up a distribution network. So how does this play out? http://www.techweez.com/2014/03/28/commandeer-digital-migration-pangs-licens... -- with Regards: blog.denniskioko.com _______________________________________________ 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/lkimani%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.
Bwana Ogutu, Like many in the list, I appear lost on what the federation considers to be a "win" for consumers. I haven't got a chance to read the ruling as delivered by the court and therefore using the snippets you provided in your post as context. As a consumer in my own right, I feel this ruling has robbed me the right to consume content how I want it, when I want it and where I want it read Choice. As an industry player, the ruling is to say the least misguided, unconstitutional and out of touch with industry trends and international obligations. So can you be kind enough to explain to us how the consumer has won in this case. Or did you confuse the consumer with COFEK and/or together with its partners the media owners? At this point I am completely confused who COFEK actually represents. With Kind Regards Harry
On Mar 28, 2014, at 6:47 PM, "Consumers Federation of Kenya \(COFEK\)" <hotline@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)
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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.
participants (8)
-
Bernard Kioko [Bernsoft Group] -
Collins Areba -
Consumers Federation of Kenya (COFEK) -
Dennis Kioko -
Harry Hare -
Lucy Kimani -
Mwendwa Kivuva -
Rad!