Communication Commission of Kenya -CCK has served a section of Media Owners with a 30 day notice to surrender their frequencies for not operating with a license or risk being fined Sh 5 million or serving a jail term not exceeding 3 years or both.

In a notice published in one of the Kenya Dailies, part of the notice said the affected stations “are being operated without a licence and therefore, in contravention of the law.”

The affected broadcasting spectrum, 99.0MHz is used to operate business in the Webuye area, 99.6MHz, 101.0MH in Siaya amongst other 12 areas within the country, Enchoro Hill, Migori, RIAT Kiboswa, Nyahururu (Maili nne), Nyadundo, Mazeras, Msabweni, Kilifi, Malindi, Meru, Vuria Hill,  and Narok.

The CCK notice disclosed that, “In accordance with the Kenya Information and Communications Act, CAP, 411A, operation of radio services without a licence is an offence that attracts a fine of KSh. 5 million and imprisonment for a term not exceeding three years or both.”

Some of the stations set to be affected are: Radio Citizen, Mulembe Fm, Egesa Fm, Ramogi Fm, Bahari FM,  Muuga Fm and Innoro Fm.

In March, the commission in its results of competition study on the broadcasting industry it noterd that the current usage of frequencies for broadcasting was not efficient as there was more demand for the the spectrum from other broadcaster with thirty percent of the total spectrum allocated for radio broadcasting and twenty three percent of frequencies allocated for TV broadcasting in Kenya are not on air.

According to the results of a study carried out on behalf of the CCK by Deloitte the Free To Air (FTA) TV market is not fully competitive particularly in terms of viewing share.

The roll out of Digital platform is expected to remedy the non-competitiveness through increased capacity and thus reduce barriers to entry in the FTA market.

The study recommended that CCK should recall unutilized spectrum from licensees who have no plans of utilizing it. The recalled spectrum should be re-assigned to deserving applicants through a transparent and competitive process.