State fires back salvo to MOA accusations

By Bitange Ndemo

The opinion article on the new broadcasting regime in the country — entitled ‘Giving frequencies to foreigners wrong’ which appeared in a section of the media on Wednesday December 15, — was ill informed, premised as it was on wrong assumptions.

The author created the impression that the Government’s decision to fast track migration from analogue to digital broadcasting is fraught with anomalies, when the opposite is in fact true.

Broadcasting is going digital worldwide, with the deadline for digital migration set for June 2015. Many regions of the world have already made the switch, and Kenya is determined to be on the cutting edge of these new technologies by 2012.

For this reason, the Government created the Digital Transitional Committee (DTC) two years ago, with representation from media owners.

The Committee has held several meetings, whose minutes are well documented. This point nullifies the author’s claim that the Digital Terrestrial Television matters have not been inclusive.

It is the Committee that came up with a framework guiding the digital migration, and recommended that the Government create a migration vehicle, which birthed Signet as a subsidiary of the Kenya Broadcasting Corporation.

Moreover, it is DTC that recommended that existing broadcasters take up more channels to hasten the migration to the digital platform. KBC also was encouraged to open doors for investors on the platform, create a new platform to facilitate speedy migration, and enhance delivery of local content to attract Kenyans to migrate.

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The article also bemoans the Ministry’s failure "to entrench frequencies licensing and allocation regime into law". But it is media owners who are to blame for this, given that one of their own went to court to challenge the new broadcast framework, and got a court injunction.

The matter remains in limbo until a verdict is reached.

The article further suggests that KBC has engaged in fraudulent business practices in licensing Smart TV. However, the Kenya Broadcasting Act allows KBC to enter into business partnerships. KBC owns 40 per cent of DStv, and has a contractual agreement with K24, and Kiss TV.

Therefore, it is not extraordinary for KBC to go into a business arrangement with Smart TV.

KBC has no partnership agreements with local broadcasters, other than to broadcast their content on its digital platform, for free, while it is being piloted.

A major contention of the article is that copyright would be infringed on. But this is a contradiction in terms. Any set-top box can access all free to air channels. Moreover all broadcasters shall be required to have at least one free to air channel. Therefore, it is not correct to say poor people will not access TV once they buy a set top box.

Given recent development in the broadcast sector, which the article quotes, it is clear the industry is intent on venting off competition. However, the Government will not watch as cartels broadcast content that runs counter to spirit of the Constitution.

The broadcast sector should brace itself for competition, given that the Signet platform will eventually create more than 600 channels. Many of these channels will be on free-to-air (accessed without pay), and with at least 40 per cent local content.

As soon as the court matter is settled, the content regulations will be enforced.

The ground has shifted, and broadcast players ought to accept that the digital march is irreversible.

Dr Bitange Ndemo is the Permanent Secretary, Ministry of Information and Communication