Rev. 2011]

Kenya Information and Communications

CAP. 411A

12. A commercial free-to-air broadcaster shall—
(a) be issued with a broadcasting service licence which includes the
frequency or channel licence for each broadcast station that utilizes
a frequency or channel resource ;

[Subsidiary]
to-air broadcasting
service.

(b) provide a diverse range of programming that reflects the identity,
needs and aspirations of people in its broadcasting area;
(c) where the commercial broadcaster provides national coverage,
berequired, without prejudice to paragraph (a) and (b), to provide
programming that reflects the identity and needs of the people of
Kenya;
(d) commence broadcasts within twelve months after being issued
with a licence;
(e) not acquire exclusive rights for the non-commercial broadcast
of national events identified to be of public interest as may be
determined by the Commission from time to time;
(2) The Commission shall, in consultation with the Minister in charge
of information, license foreign commercial broadcasters, subject to availability
of frequencies or channels.
13. (1) A Community broadcaster shall—
(a) reflect the needs of the people in the community including cultural,
religious, language and demographic needs;
(b) deal specifically with community issues which are not normally
dealt with by other broadcasting services covering the same area;
and
(c) be informational, educational and entertaining in nature; Provide a
distinct broadcasting service that highlights community issues.
(2) The Commission shall, through the frequency plan, ensure that
an equitable number of frequencies or channels are reserved for community
broadcasting.
(3) A community broadcaster shall ensure all the funds generated from
the operations of a community broadcasting station are reinvested in activities
benefiting the Community.
(4) The Commission shall monitor community broadcasters to ensure
that the funds generated from operations of a community broadcasting station
are re-invested in activities benefiting the community.
(5) The Commission shall allow community broadcasting licensees
to advertise, on their stations, adverts that are relevant and specific to that
community within the broadcast area.

177

Community
broadcasting
services.

Select target paragraph3