This is borrowed….edited for “offensive wording”. Disclaimer! These are not my views… Basically this is the story….
In 2010, open tender was advertised for digital signal distribution, two licenses were on the table. Government policy was to reserve one for a Kenyan entity and open the other for competition. The local stations were encouraged to form a consortium to bid for the locally reserved license and then individually bid for the open one. Because of cut-throat competition, mistrust and greed, the consortium fell apart.
Consequently, the locals put in individual bids hurriedly and half-heartedly – some did not even have basic requirements like bid-bonds! Eventually, the local license went to the National broadcaster (Signet) and the open one was won by Pan Africa Network Group (PANG). 3 years later, the switch-off dates are announced and the three woke up and realised they are in trouble and started making noises. Court battles ensued – Muite made millions and is looking to make more as the head to international courts!
In the last hearing, Supreme Court held that:
- As long as the digital signal distributor does NOT change the content of a broadcast and does not charge the viewers for FTA channels, then there is no copyright infringement.
- Advised the parties to negotiate a way of issuing digital distribution licences for own content . CAK issued them “Self-Provisioning” licenses to distribute their own content. But that did not bar the National distribution license holders from carrying the content of the three without charging viewers. In Wangusi’s (acting Director General of CAK) view, this extended their regional reach because at the moment they do not have a country wide presence.
The Self-provisioning license came with frequencies for each of the regions where the three already have transmitters – 21 sites. They cannot get additional frequencies unless they build more sites. They were also allowed to sell own decoders in accordance with the law; in other words, they were to bring samples for type- approval and then go ahead and import the bulk. Unfortunately, they went ahead and bought one million boxes before getting type-approval. They slept on the job, yet again!
To cover their faces in the court of public opinion, the three have gone all out with deliberate misinformation:
- That to watch their content, viewers will have to pay The Chinese monthly charges. Not true, PANG is not allowed to charge for the signal… and it is not charging.
[I’ve been watching for a year now] - That you can only get a decoder box from a broadcaster or a signal distributor. Not true.There are over 50 independent dealers who have been selling type-approved boxes in the streets. Mine is one of them.
Secondly, if this was the case, what would those who have digital-ready TVs do? In the final analysis; I see a case of corporate impunity in the actions of these 3 NTV, KTN and CITIZEN. It reminds me of the time when CITIZEN stole radio frequencies and when they asked to regularise the matter by paying requisite licenses, they refused. When CCK switched them off, they went ahead and stole some more, including those assigned to KISS FM.
Wangusi did a good job of undressing them in front of their viewers. Now let’s all go out and buy decoders!
