Six Royal Media transmitters shut down

Citizen television viewers in Embu, Taita Taveta, Muranga and Migori will not be able to watch their favourite programs after the broadcasting industry regulator shut down Royal Media Services broadcast transmitters in these regions that it said were being operated illegally.

On Saturday, Communications Commission of Kenya (CCK) shut down six Royal Media Services broadcast transmitters in Nakuru, Narok, Mukuyuni (Makueni) and Mabrui (Malindi) that also affected its FM radio stations that included Citizen, Inooro, Musyi, Maa and Muuga which broadcasts in these regions.

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.

According to the Kenya Communication Amendment Act 2009, using a telecommunication equipment that has not been approved by CCK attracts a penalty of Sh3 million of three years jail term if found guilty.

CCK director general 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 authorised frequencies have been rendered completely inoperable,” said Mr Wangusi.

He added that the safety of the country's 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 main airports.

A further 22 FM and 2 TV unauthorised 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 authorisation from CCK.

The communications regulator 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 the commission 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.

Unauthorised 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.