The Communications Authority has commenced regulatory actions against some broadcasters and applicants of broadcasting service licences for failure to comply with the requirements.
The cancellation of licence offers and revocation of FM frequencies has touched, among others, Capital FM and Mbaitu FM. This, however, does not mean the stations are off air.
Broadcasters can hold, subject to certain CA conditions, unused extra frequencies.
The Communications Authority is the regulatory authority for the ICT industry with responsibilities in telecommunications, cybersecurity, e-commerce, broadcasting and postal/courier services.
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CA is also responsible for managing the country’s numbering and frequency spectrum resources.
It is illegal to provide any form of broadcasting service without a license issued by the CA.
Contravention of this requirement attracts a fine not exceeding Sh1,000,000 or imprisonment for a term not exceeding three years or both.
The Authority has initiated the rejection of licence applications for commercial and community radio broadcasting services by 24 applicants for failing to comply with related licensing requirements as prescribed by the Authority such as clearing outstanding regulatory fees among others.
The stations include Thayu FM, Radio Waumini and Wega FM, among others.
In the notice on The Standard, CA Director-General Ezra Chioba sys that failure to comply with licensing requirements as notified in writing to each broadcaster and applicant listed within 30 days will imply that the affected party is no longer interested in providing the said services.
The Authority will proceed to revoke the assigned FM frequency(ies) and shut down the associated broadcasting services.
Below is a breakdown of what the CA has stated in its notice.
Revocation of frequency assignments to permit holders who are yet to apply for broadcasting licences
The Authority has initiated the revocation process for FM frequencies assigned to the following listed 4 broadcasters who are holders of expired broadcasting permits and are yet to apply for broadcasting licences as prescribed by the Authority in accordance with the Act.
The stations are Koch, Rware, Serian and Western.
Revocation of FM frequencies assigned to non-permit holders who are yet to apply for broadcasting licences
The Authority has initiated the revocation process for FM frequencies assigned to the following listed 18 broadcasters who are non-permit holders and are yet to apply for broadcasting licences as prescribed by the Authority in accordance with the Act.
Stations affected include Rongo, Edge and Ujuzi.
Rejection of applications for commercial and community radio broadcasting licences and subsequent revocation of FM frequencies
The Authority has initiated the rejection of licence applications for commercial and community radio broadcasting services by the listed 24 applicants for failing to comply with related licensing requirements as prescribed by the Authority such as clearing outstanding regulatory fees among others.
The rejection of the applications is accompanied by a notice of revocation of the FM frequencies that are assigned to the applicants.
The stations affected include Thayu, Radio Waumini, and Getu.
Cancellation of licence offer and revocation of FM frequencies
The Authority has initiated the cancellation of licence offers to the listed 60 applicants for radio broadcasting licences following their failure to comply with the licence offer conditions within the licence offer period as prescribed by the Authority in accordance with the Act.
The cancellation of licence offer is accompanied by a notice of revocation of the FM broadcasting frequencies assigned to the applicants.
The stations affected include Mbaitu FM, Qwetu Radio, and Capital FM.
5. Cancellation of licence offers for commercial free to air television licence
The Authority has cancelled the licence offers for the listed 19 applicants who had applied for Commercial Free-to-Air (FTA) Television broadcasting licences but failed to comply with licence offer conditions within the offer timeline as prescribed by the Authority in accordance with the Act.
Cancellation of licence offers for subscription broadcasting service
The Authority has cancelled the licence offers for the listed 3 applicants who had applied for Subscription Broadcasting Service licences but failed to comply with licence offer conditions within the offer timeline as prescribed by the Authority in accordance with the Act.
