Make access to broadcasting frequencies equitable for all

Henry Maina

The broadcasting industry and the Government are spoiling for a fight following the recent publication of the broadcasting regulations by the Communications Commission of Kenya. The regulations in part propose to allow broadcasters to have only one frequency in any given location.

A few media owners own multiple frequencies in locations such as Nairobi. To the media owners, nothing is wrong with the present system.

But one may ask why would the Government be seeking to regulate the sector in general and allocation of frequencies in particular? This is because broadcasting, on radio and television, is by far the most affordable source of information for most people.

Given the high levels of illiteracy along with the difficulties of distributing newspapers, broadcasting is one of the few media accessible for many people.

For the poor, newspapers may be prohibitively expensive, and some people simply find it easier and more enjoyable to watch or listen to news than to read.

As a result of its centrality as a source of information and news and its growing profitability, Government and dominant commercial interests globally have historically sought to control broadcasting. Governments have exerted control through licensing process while commercial interests have sought to monopolise the broadcasting sector and to focus on low-quality but profitable programming.

Given this reality, three fundamental questions arise. How can we promote and protect independent broadcasting and at the same time ensure broadcasting serves the interests of the public? How do we ensure regulation is not a tool of Government control? How do we ensure commercial interests do not become excessively dominant at the expense of public interest, pluralism and diversity?

There is need that decision-making processes at all levels, international and national, about allocation of the frequency spectrum between all users should be open and participatory. It ought to involve independent bodies responsible for broadcast regulation and should ensure a fair proportion of the spectrum is allocated to the broadcasting users according to a detailed, widely acceptable frequency plan.

To ensure diversity and optimal use, the plan should ensure frequencies are shared equitably and in the public interest among the three tiers of broadcasters: public, commercial and community. It should also be equitably distributed among radio and television broadcasters and those with different geographical reaches: national, regional and local.

For posterity, such a frequency plan should provide that certain frequencies should be reserved for future use for specific categories of broadcasters in order to ensure diversity and equitable access over time.

It is true broadcasters, whether commercial, public or community, and stakeholders have to come together and deliberate on the issue of frequency plan, allocation and licensing. Frequencies are finite national resources that cannot just be left in the hands of a single interest.

The writer is the Director of ARTICLE 19 Kenya & Eastern Africa.

henrymaina@hotmail.com

 

 

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