Rev. 2011]
Kenya Information and Communications
CAP. 411A
commits an offence and is liable on conviction to a fine not exceeding one million
shillings or to imprisonment for a term not exceeding three years, or both.
189
[Subsidiary]
Part VIII—Transitional Provisions
45. (1) The Commission shall specify the following, among other Transition from
conditions, in a terrestrial digital signal distribution licence—
analogue to
digital television
(a) the percentage of the multiplex capacity that shall be used for
broadcasting.
relaying broadcast content and other related data;
(b) the technical specifications of the multiplex and associated digital
transmitters;
(c) the requirement that the signal distributor to file such tariffs
it proposes to impose on a broadcaster for approval by the
Commission; and
(d) universal service obligations.
(2) After the switchover from analog to digital broadcasting, all analog
television broadcasters shall be required to relinquish the frequencies used for
free-to-air television broadcasting to the Commission.
(3) Nothing in these Regulations shall be construed as preventing
the Commission from requiring broadcasters on digital platform before the
enactment of the Kenya Communications Amendment Act, 2009, to comply No. 1 of 2009.
with the Act and these Regulations.
46. (1) Pursuant to section 46R of the Act, all persons issued with Transition of permits
broadcast permits prior to the commencement of the Kenya Communications to licenses.
(Amendment) Act, 2009 shall—
No. 1 of 2009.
(a) be required to apply for broadcast licence(s) such as a manner as
may be prescribed by the Commission;
(b) pay such fees as may be prescribed by the Commission for the
issuance of the broadcasting licence(s) to replace the permits and
frequency licence and usage fees;
(c) retain such radio frequency resources already assigned under the
same terms and conditions of issuance:
Provided that they comply with such new terms and conditions that
the Commission may be impose; and
(d) in the event of failing to apply or qualify for the licence(s), cease
to be a broadcaster.
(2) In addition to the requirements specified under section 46D (2), the
Commission shall, when considering an application for a licence to replace a