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Supreme Court Halts Digital Migration, Orders Parties to Consult More(AllAfrica Via Acquire Media NewsEdge) Royal Media Services Chairman SK Macharia and Nation Media chairman Wilfred Kiboro follow the proceeding at the Supreme during the ruling of the Digital migration case Monday.Photo/Philip Kamakya The long awaited migration of analogue TV frequencies to digital will have to wait a little longer after the Supreme Court directed Communications Authority to consider applications for license by three local media houses. Judges directed the Communications Authority of Kenya (CAK) to consult with the Nation Media Group, The Standard Group, Royal Media Services and any other party interested in the digital broadcast license in the next 90 days in public interest. Encouraging consultation and consideration of local investor's chief justice Willy Mutunga quoted local musician Ken Wamaria saying: "This are my things, this are our things, this are the fundamentals." Kenya which is a member of the World Telecommunications Union have agreed to switch to digital transmission not later than June 2015. The first licence is held by Signet in which Kenya Broadcasting Corporation own the company while the second one was granted to Panafrica by CCK. CAK was further ordered to inform the Court of its decision regarding the application for a license by the three local media houses and other local broadcasters. The judges also set aside decision by court of appeal which directed CAK to give the local broadcasters the digital license on the basis of their investment into the industry. According to Supreme Court the issue of substantial investment into local broadcast industry by the three cannot be basis for grant of license because other small media houses and foreign ones have also put in investment. The six judges in their unanimous decision recommended that parliament considers environmental factors that should guide signal distributors complying with law on sustainable development which enshrines right to a clean healthy environment. The Court further recommended that CAK ensure that the sale of Set Top Boxes (STBs), which are required by wananchi to watch the programs transmitted digitally, is open to competition. In this vein, the Court further recommended that the CAK consider requiring the BSD licensees to subsidize the cost of the STBs. Their judgment arose out of an application by government contesting appeal court ruling. The Court of Appeal had issued orders compelling the CAK to issue digital broadcasting licences to the Nation Media Group, the Standard Group and Royal Media Services. The media houses had moved to the appellate court after the High Court dismissed their petition. Following the High Court's decision, CAK switched off the analogue frequencies before the Court of Appeal ordered it to restore the feeds. Copyright The Star. Distributed by AllAfrica Global Media (allAfrica.com). |