Only KBC to remain in 'must carry' category, in proposed law

What you need to know:

  • Nation Media Group, Standard Group and Royal Media Services, operating under Africa Digital Network (ADN) consortium had earlier written to Communications Authority of Kenya (CA) to have their content paid for by Pay TV providers.
  • ICT Cabinet secretary Fred Matiang’i said the framework is still under discussion but broadcasters are supposed to earn their revenues from advertisement. It will be discussed in parliament in two weeks’ time.

Government will review Pay TV conditions leaving only Kenya Broadcasting Corporation (KBC) on the ‘must carry’ category if proposed broadcast regulations are adopted.

This creates room for broadcasters like NTV, QTV, Citizen and KTN to start negotiating for payment from Pay TV who air their services currently under the ‘must carry’ category without pay.

The taskforce on the review of broadcasting regulations Wednesday presented the proposal for public discussion adding that the move will be beneficial to the broadcasters.

“The rationale for reducing the minimum number of must carry channels is to cut the cost burden to the non- Digital Terrestrial pay TV service provider who have to meet the consent related costs and satellite transporter/bandwidth costs,” said the proposal on the review of broadcasting regulations.

The move is a win to local broadcasters who want Pay TV service providers to pay for their channels. Supreme Court ruling on digital migration however favoured Pay TV providers, affirming that ‘must carry’ rules are not in breach of Intellectual Property Rights (IPR) of the broadcasters.

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Nation Media Group, Standard Group and Royal Media Services, operating under Africa Digital Network (ADN) consortium had earlier written to Communications Authority of Kenya (CA) to have their content paid for by Pay TV providers.

The taskforce gazetted in May by government is chaired by Mr Albert Kamunde; among members assisting in the regulation content are Stephen Mutoro, Linus Kaikai, Sekou Owino Daniel Obam and Robin Busoro. All are industry stakeholders with experience in the market.

The taskforce say that the proposal was necessitated by complaints from media houses saying ‘must air’ arrangement violates their IPR.

ICT Cabinet secretary Fred Matiang’i said the framework is still under discussion but broadcasters are supposed to earn their revenues from advertisement. It will be discussed in parliament in two weeks’ time.

Dr Matiang’i spoke during a press conference on the status of digital migration. He said Kenya has made great miles in line with the global deadline for digital migration on Wednesday midnight.

Currently over 2.2 million households are connected to digital TV, CA has licensed over 79 set top boxes and the sector has created over 2, 500 jobs according to ICT ministry statistics.

Spanish government together with Kenya have invested in infrastructure for KBC subsidiary Signet to help reach underserved areas Kitui, Lamu, Lokichar, Maralal and Lodwa.