Contradictory letters surface over television channels CA gave consent to be aired

NAIROBI: Controversy continued to rock the digital migration saga after two contradicting letters authored by the Communications Authority of Kenya (CA) surfaced.

In the first letter, written in November last year, CA pointed out that they decided the must-carry channels to be KBC, KTN, Citizen, NTV, K24 and an additional channel out of the other existing analogue ones.

CA said in the interest of the consumer, they considered the channels with the largest coverage and decided on the must-carry channels. "The authority may vary the must-carry channels from time to time," the letter added.

However, in a second letter a few weeks later, CA sought to clarify that the must-carry channels are KBC and any five of the authorised Free-To-Air (FTA) broadcasting channels.

The letters were addressed to David Zhang, vice president of StarTimes Media (Kenya), CEO Wananchi Group Richard Alden, Felix Kyengo, general manager GOtv Kenya and Janet Oyugi, Ag general manager DSTV Kenya.

CA has since cancelled digital licences for KTN, NTV and Citizen over an advertisement that has been airing on four television stations - NTV, QTV, KTN and Citizen - urging their viewers not to purchase GOtv and StarTimes decoders.

The subject of the first letter was "Clarification of must-carry requirement for pay television operators".

The letter pointed out that pay television operators would not run adverts on must-carry channels in their bouquet unless written consent is obtained from the content provider.

It further said pay TV operators shall transmit must-carry channels as received with no alteration whatsoever.

The letter added that they would obtain consent from content providers for must-carry channels included in the pay bouquet. It said consent should, however, not be withheld without giving reasons. "In cases where consent is withheld, the reasons shall be submitted for consideration and decision by the authority," the letter stated.

The November 12, 2014 letter was signed by CA Director General Francis Wangusi and copied to Information Cabinet Secretary Fred Matiang'i, Principal Secretary Joseph Tiampati, CA Chairman Ben Gituku, KBC Managing Director Waithaka Waihenya, Standard Group CEO Sam Shollei, Royal Media Services MD Wachira Waruru, Nation Media Group MD Linus Gitahi and Mediamax Chief Operating Officer Ken Ngaruiya.

A subsequent letter to Zhang, Alden, Kyengo and Oyugi, dated December 3, 2014 sought to make clarifications.

The authority sought to clarify the condition that had specified the must-carry channels as KBC, KTN, Citizen, NTV, K24 and one additional channel out of the other existing analogue channels.

"The authority would like to vary this condition and clarify that the must-carry channels are KBC and any five of the authorised FTA broadcasting channels," the letter stated.

CA withdrew the temporary authorisation it had issued to three media houses, SG, NMG and RMS, allowing them to have their own digital distribution platform.

The authority has also repossessed all the 21 frequencies allocated to Africa Digital Network, a consortium of the three media houses.

CA further indicated that it would liaise with the Kenya Revenue Authority and the Kenya Bureau of Standards to bar the importation of set top boxes by the three media houses.