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"content": "(b) that the petitioners object to being forced to have their content carried by only either the Government controlled KBC or the Chinese company, PANG. This is for reasons that:- (i) it hands the Government of the day the opportunity to control what the petitioners broadcast; (ii) the petitioners’ investment in infrastructure of over Kshs40billion will go down the drain; and (iii) the arrangement runs counter to Articles 33 and 34 of the Constitution on freedom of expression and freedom of the media, respectively. (a) that following protracted litigation going all the way to the Supreme Court, the petitioners were issued with self provisioning licenses in November 2014, permitting them to carry their own content. However, the Communication Authority of Kenya (CAK) allocated the petitioner too few frequencies to enable them transmit the broadcast throughout the country; (b) that the petitioners require up to 30th May 2015, to be able to commence broadcast under the self provisioning license allocated to them. This timetable is to allow for the petitioners to have their transmitters, antennae and set-top boxes manufactured, shipped, cleared, transported and installed to enable them migrate; (c) that the petitioners are not opposed to digital migration but rather to having their contents – for which they pay a lot of money – pirated by pay TV channels who in turn charge their viewers. The petitioners state that they welcome competition but on a level playing field. The petitioners pray that the Senate resolves:- (a) that the digital migration date be moved to 30th May, 2015 which is within the International Telecommunications Union Analogue Switch-off for Kenya of 17th June, 2015; (b) that the Communication Authority of Kenya immediately returns the petitioners’ equipment which it dismantled and carted way on 14th February, 2015; (c) that the petitioners be awarded the third Broadcast Signal Distributor (BSD) licence as recommended under the National ICT Policy Statement dated 31st March, 2006 and the National Digital Migration Taskforce Report dated 4th October, 2007; (d) that the contents of the petitioners shall not be carried by anyone without the petitioners’ prior consent; and, (e) that a Broadcasting Bill be enacted establishing a broadcasting authority independent of government and charged with the mandate of frequencies allocation and all other matters concerning television broadcasting. The petition is signed by Mr. Linus Gitahi, Mr. Sam Shollei and Mr. Wachira Waruru, the chief executive officers of Nation Media Group, The Standard Group and the Royal Media Services, respectively. Hon. Senators, I am aware that there is a pending case in court that has been filed by one, Mr. Okiya Omtata in which he is challenging the switch off of analogue broadcasting from the perspective of consumer rights. I have reviewed both processes against the law and our Standing Orders. I wish to advise that there is nothing preventing The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
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