Kenya: Three mainstream media houses want analogue television broadcasting reinstated for 100 days to facilitate a smooth digital migration process.

The broadcasters – Standard Group (KTN), Nation Media Group (NTV) and Royal Media Services (Citizen) – proposed yesterday that analogue signals should be reinstated until May 30 this year to enable the majority of Kenyans to watch television.

They also want Parliament to intervene in the stand-off between them, Communications Authority of Kenya (CAK) and the Ministry of Information over the digital migration.

The media owners appeared before the Senate Committee on Legal Affairs and Human Rights, the joint Parliamentary Committee on Broadcast and Library and the Senate Committee on ICT yesterday, only two days after meeting President Uhuru Kenyatta over the same issue.

They were led by the Media Owners Association (MOA) chairman Sam Shollei (Standard Group), Wilfred Kiboro (NMG) and Dr SK Macharia (Royal Media Services).

Mr Kiboro told senators that they met the President on Tuesday and that he expressed concern over the television blackout.

"We met President Uhuru Kenyatta on Tuesday over this matter and he was in agreement we should resolve it. The response from the Head of State is encouraging and we are optimistic to find a solution," said Kiboro.

He said the President directed that they should "sit down with CAK officials and the CS and find a way out of the dispute on digital migration."

Kiboro said the President wanted the matter resolved by yesterday evening.

"The President insisted that he was not ready to entertain any more rhetoric and instead we should return to him with a solution. What he wants to hear  is that we have reached an agreement," he told the Senators.

Kiboro also recognised the concerns raised on the matter by Deputy President William Ruto, who he said has been very helpful. He disclosed that they were to meet the CS and CAK officials before reporting back to the President.

Analogue transmission was switched off last Saturday following a Supreme Court order that digital migration should go on as planned. The migration was effected despite a plea by the three broadcasters for more time so that they can import their transmitters and set-top boxes from Los Angeles, USA.

The move plunged majority of Kenyans into television blackout.

The media owners told senators that they will ship in one million set-top boxes at a cost of USD50 million (about Sh4.5 billion) to ensure free access to television.

The senators present were Deputy Speaker Kembi Gitura (Murang'a), Senators Amos Wako (Busia), Mutula Kilonzo Junior (Makueni), Anyang' Nyong'o (Kisumu), Daniel Karaba (Kirinyaga), Wilfred Machage (Migori), Boy Juma Boy (Kwale), Hassan Omar (Mombasa), Stephen Sang (Nandi), Dan Mwazo (Taita Taveta) and Naisula Lesuuda (nominated).

Kiboro took the senators through the history of digital migration, their involvement in the process, the disputes and how they were handled by the courts.

"We are not opposed to the digital migration as Kenyans are made to understand. This is mere propaganda. We understand the benefits of this migration but it is being done in a haphazard manner," he said. "These media houses control 80 per cent of the audience reach. Our audience is now in the dark. We have invested Sh40 billion infrastructure, we have the financial might yet the Government and CAK decided to award the distribution licences and frequencies to a foreign company."

Kiboro said even if the switch-off was reset for May 30, Kenya would still not be ready for migration by June 17, 2015, the date set by the International Telecommunications Union.

The media owners also asked Parliament to enact a law to establish an independent broadcasting authority that will be independent of government interest and act in a impartial manner.

They further asked that CAK returns their analogue transmission equipment confiscated last Saturday and they be given a third Broadcast Signal Distribution (BSD) licence as opposed to the current Self-Provisional Licence issued by CAK.

Human rights

Wako who is the Legal Committee chairman concurred with the media owners that this matter needs serious consideration. "There are too many things highlighted, which relate to violation of human rights, as government policy was changed without backing documentation. What we must work on is to ensure the media houses are back on air," he said.

He continued: " I want the media owners to draft a petition as stipulated in Standing Orders 219 for Parliament to urgently consider this matter. We will also summon CAK and the CS Fred Matiang'i on Monday at 11am to shed more light on this matter."

He said the taskforce for digital migration had endorsed that local broadcasters be considered first.

Kembi sought to know whether media owners had taken any steps to seek an extension of the international deadline.

Kiboro said they had not made any suggestions due to the hostility they had already encountered. He noted that in many developed countries migration took years. Only three African nations have migrated out of 54.

Mr Shollei said the tendering for the licence should have been a Kenyan affair from the outset. "This should have been a restricted tender and there is no reason why it was made an international tender in the first place," he told the senators.

Dr Macharia said private media houses had taken over what should essentially be the role of the Government to oversee the digital migration. "The Government should be responsible for ensuring people get the set-top boxes, ours is to put the signal in the air. We are now doing what the Government should be doing."

Senator Kilonzo said the actions of CAK and government were worrying going by the sequence of events that have unfolded.

"We should work a way out, because there seems to be a violation of the Constitution," he added.

Prof Nyong'o said: "What baffles me is the haste in switching off the analogue stations, yet internationally, nations can always ask for extension," said Nyong'o.

Machage sympathised with the media owners and sought to know the amount of losses incurred so far by the media houses.

Omar faulted the switch-off, noting that freedom of the media is entrenched in law and therefore broadcasters have a right to air their content without being subdued by the Government.

"Variation of migration date is a legitimate concern. What is the obsession with the rush to migrate to digital platform and the directive by CAK to media houses to air their content through Pang and Signet?" he asked.