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REPORT OF THE TASK FORCE ON MIGRATION OF TERRESTRIAL TELEVISION FROM ANALOGUE TO DIGITAL BROADCASTING IN KENYA July 2007

Africa Report of the Task Force on Migration of Terrestrial Tv

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Page 1: Africa Report of the Task Force on Migration of Terrestrial Tv

REPORT OF THE TASK FORCE ON MIGRATION

OF TERRESTRIAL TELEVISION FROM

ANALOGUE TO DIGITAL BROADCASTING IN

KENYA

July 2007

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Table of Contents

1. INTRODUCTION ............................................................................................................. 4 1.1 History of Broadcasting in Kenya................................................................................ 4 1.2 Liberalization of Broadcasting Sector in Kenya.......................................................... 4 1.3. History of the Appropriate Legislation for Broadcasting Spectrum........................... 5 1.4. Overview of Current Broadcasting Policy and Regulatory Framework..................... 5 1.5. The Digital Migration Taskforce ................................................................................ 6

2. TRANSITION TO DIGITAL BROADCASTING............................................................ 7 2.1. Conceptual Issues in Digital Broadcasting ................................................................. 7 2.2. Benefits of Digital Broadcasting................................................................................. 8 2.3. Implications of Digital Broadcasting .......................................................................... 8 2.4 Challenges in Implementing Digital Broadcasting ...................................................... 9

3. DIGITAL BROADCASTING STANDARDS.................................................................. 9 3.1 Digital Terrestrial Television....................................................................................... 9 3.2. Digital Terrestrial Radio ........................................................................................... 10 3.3. Digital Mobile Television ......................................................................................... 10 3.4. Other Broadcasting Technologies............................................................................. 11

4.0 SIGNAL DISTRIBUTION............................................................................................ 12 4.1 Introduction of Signal Distribution............................................................................ 12

4.1.1 Current Infrastructure Environment.................................................................... 12 4.1.2 Analogue Vs Digital Transmission..................................................................... 12 4.1.3 FM Signal Distribution ....................................................................................... 12

4.2 Need for Signal Distribution...................................................................................... 12 4.3 Impact of Introducing Signal Distribution................................................................. 13

4.3.1 Impact to the Broadcaster ................................................................................... 13 4.3.2. Impact to the Regulator...................................................................................... 13 4.3.3. Impact to the Public ........................................................................................... 14

4.4. Obligations of Signal Distribution ............................................................................ 14 4.5 The Challenges of Signal Distribution....................................................................... 14 4.6 Strategies for Moving Forward.................................................................................. 15

5. CONTENT ISSUES IN DIGITAL BROADCASTING.................................................. 16 5.1 Content in the Digital Environment........................................................................... 16 5.2 Content Regulation in the Digital Broadcasting Environment .................................. 17 5.3 Production of Content ................................................................................................ 17 5.4 Digital Content........................................................................................................... 17 5.5 Copyright Issues......................................................................................................... 18 5.6 Diversity of Digital Broadcasting Services................................................................ 18

6.0 POLICY AND REGULATORY CONSIDERATIONS IN THE TRANSITION TO DIGITAL BROADCASTING............................................................................................. 19

6.1 Frequency Allocation................................................................................................. 19 6.2 Policy Approach to Platform Selection...................................................................... 19 6.3 Policy Approach to Licensing Of Channels............................................................... 20 6.4 Approach to the Transition to Digital Television Broadcasting ................................ 20 6.5 Switch-Off Methods................................................................................................... 22

6.5.1 Phased shut-off of analogue services.................................................................. 22

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6.5.2 Nation-wide shut-off of analogue services ......................................................... 23 6.5.3 Partial shut down of analogue services............................................................... 23

6.6 Digital Receiving apparatus....................................................................................... 23 6.6.1 Set-Top Boxes..................................................................................................... 23

6.7 Signal Distribution..................................................................................................... 24 6.8 Revocation of allocated frequencies: ......................................................................... 25 6.9 Frequency Spectrum Fees .......................................................................................... 26

7. CONSUMER ISSUES..................................................................................................... 26 7.1 Implications of Migration on Consumers .................................................................. 26

7.1.1 Consumer Protection........................................................................................... 27 7.1.2 Consumer Awareness and Education.................................................................. 28 7.1.3. Financial Implications to the Consumer ............................................................ 28

7.2 Public Interest Issues.................................................................................................. 29 7.2.1 Vulnerable Groups .............................................................................................. 29 7.2.2 Technological Obsolescence............................................................................... 29 7.2.3. Environmental Concerns.................................................................................... 30

7.3 Role of Stakeholders ............................................................................................ 30 7.3.1 Government......................................................................................................... 31 7.3.2 The Regulator...................................................................................................... 31 7.3.3 Broadcasters........................................................................................................ 31 7.3.4 Retailers and other Suppliers .............................................................................. 32

8. PRINCIPAL RECOMMENDATIONS .......................................................................... 33 8.1 Digital Broadcasting Standards .............................................................................. 33 8.2 Signal Distribution................................................................................................... 33 8.3 Content Issues in Broadcasting ............................................................................... 34 8.4 Policy and Regulatory Considerations in the Transition to Digital Broadcasting . 34 8.5 Consumer issues....................................................................................................... 35 9. GLOSSARY OF TERMS............................................................................................... 37

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1. INTRODUCTION

1.1 History of Broadcasting in Kenya Broadcasting in Kenya started in 1928 as monopoly run by the government. The broadcasts targeted white settlers who monitored news from their original homes and other parts of the world. It was only during the 2nd World War that there were radio broadcasts targeting Africans mainly to inform relatives of African soldiers about the developments of the war. The evolution of broadcasting in Kenya is summarized below:

• In 1953, the first Radio broadcast service was created for Africans. African Broadcasting Services carried programmes in Kiswahili, Dholuo, Kikuyu, Kinandi, Kiluhya, Kikamba and Arabic.

• In 1954, the Kenya Broadcasting Services (KBS) was established. Regional stations were set up in Mombasa (Sauti ya Mvita), Nyeri (Mount Kenya Station) and Kisumu (Lake Station).

• In 1961, the Kenya Broadcasting Corporation (KBC) was formed to succeed the government controlled Kenya Broadcasting Services

• In 1962, Television was introduced in Kenya. The first transmitting station was set up in a farm house in Limuru. The station covered a radius of 15 miles.

• On 1st July 1964, Kenya Broadcasting Corporation was nationalized into the Voice of Kenya (VOK); a department of the previous Ministry of Information and Broadcasting.

• In 1970, a new television station opened in Mombasa to produce local dramas, music, cultural and other programmes in general.

• In 1989, the Voice of Kenya was changed back to the Kenya Broadcasting Corporation (KBC) through the KBC Act,Cap.221, Laws of Kenya

1.2 Liberalization of Broadcasting Sector in Kenya Gradual liberalization of broadcasting sector began in late 1989 when the government licenced the privately owned Kenya Television Network (KTN) to broadcast television services in Nairobi. Later on in July 1990, Stellagraphics Ltd (STV) were licenced to broadcast television signals in Nairobi. In 1995, Capital FM

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became the first private FM station to be licenced by the government. The following year in 1996 KBC established Metro FM; an FM entertainment station operated on commercial basis. From mid 1990’s to date, the government has fully liberalized the airwaves by issuing broadcasting permits and licences to many private entities. Permits issued by the Ministry of Information and Communications to prospective broadcasters specify the type of broadcasting service (TV and/or sound) and the permitted coverage areas (region, province or nationwide). The government has also authorized foreign radio stations to operate in Kenya. The liberalization has resulted in a very vibrant broadcasting industry in Kenya, especially FM sound and TV broadcasting, with the demand for broadcasting frequencies outstripping the supply especially in urban areas. Currently, over 110 television channels and 264 FM frequencies have been assigned countrywide to 23 TV and 62 FM sound broadcasters. The Kenya Broadcasting Corporation also operates a national network on AM Medium Wave sound broadcasting. By 30th April 2007, there were 140 Radio and 54 TV stations on air. Despite these assignments, the demand for broadcast frequencies has not been met fully.

1.3. History of the Appropriate Legislation for Broadcasting Spectrum The Kenya Posts and Telecommunications Corporation (KP&TC) Act, Cap 411, Laws of Kenya, Section 86, vested authority to the defunct KP&TC to manage the entire radio frequency resource and issue radio communication licences. Thus broadcasting service providers who wanted to use the radio frequency resource were subject to KPTC in terms of assignment of frequencies. Following the repeal of the KP&TC Act and enactment of the Kenya Communications Act of 1998 (KCA 1998), the Communications Commission of Kenya (CCK) was created. CCK took over the mandate of management of radio frequency spectrum as well as assignment of the frequencies, including broadcasting. On 31 March 2006, the government gazetted the ICT Sector Policy Guidelines that proposed CCK as the converged regulator for the ICT sector. This will be realized when the Kenya Communications (Amendment) Bill 2007 is passed by parliament and is enacted into law. It includes legal provisions to make CCK a broadcasting regulator.

1.4. Overview of Current Broadcasting Policy and Regulatory Framework

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The current broadcasting licensing mechanism is a two stage process involving the Ministry of Information and Communications and the Communications Commission of Kenya (CCK). The Ministry issues broadcasting permits whereas CCK’s role is confined to the technical role of assigning broadcast frequencies based on these permits and availability of spare broadcasting channels Currently, TV broadcasting services are offered in VHF and UHF frequency bands (46-68 MHz, 174-230 MHz and 470-862 MHz). This is done in accordance with the Geneva 1989 (GE 89) Agreement. FM sound broadcasting is offered in the frequency band 87.5-108 MHz in accordance with the Geneva 1984 (GE 84) Agreement. These agreements are international treaties which offer international protection to broadcasters against any interference from other users of the radio spectrum. The table below shows the bands that are available for various broadcasting services.

Band Frequency Current Service Planned Digital Service

Affected By switch-Over activities

148.5-283.5 KHz

LW Radio DRM NO

526.5-1606.5KHz

MW Radio DRM NO

525-1605 KHz MW Radio DRM NO

LF/MF

1605-1705 KHz MW Radio DRM NO HF 5960- 26100

KHz SW Radio DRM NO

2300-2498 KHz SW Radio DRM NO 3200-3400 KHz SW Radio DRM NO

Tropical Zone

4750-4990 KHz SW Radio DRM NO 47 - 68 MHz VHF TV Band I DRM NO 87.5 - 108 MHz FM Radio Band

II DRM NO

174 - 230 MHz VHF TV Band III

DAB YES

470 - 806 MHz UHF TV DVB-T YES

VHF/UHF

806 – 862 MHz UHF TV NO

1.5. The Digital Migration Taskforce A digital broadcasting plan for Europe, the Middle East, the former Soviet Union Republics, Iran and Africa was established following the conclusion of the 2006 Regional Radiocommunications Conference in Geneva (RRC-06). The conference discussed planning of digital broadcasting and Kenya participated actively in the

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planning process. The plan required that countries start preparation to migrate from analogue broadcasting technologies to the new digital broadcasting technologies which are gradually being introduced in many countries. In order to prepare the country for a smooth transition from analogue to digital broadcasting, the Ministry of Information & Communications decided to establish a Taskforce on the Migration from Analogue to Digital Broadcasting. The Taskforce was launched by the Minister for Information and Communications, Hon. Mutahi Kagwe on 14 March 2007. The taskforce is composed of broadcasting experts and representatives drawn from the following key stakeholders:

• Ministry of Information & Communications • National Communications Secretariat • Communications Commission of Kenya • Media Owners Association • Kenya Broadcasting Corporation • Media Council of Kenya • Association of Practitioners in Advertising (APA) • ICT Consultants

The Minister mandated the Task Force to assist government by giving their recommendations on the required policy and regulatory frameworks to address the introduction of digital broadcasting. He urged the Task Force to develop a Kenyan approach for transition to digital broadcasting and establish a transition timeframe including a firm programme for analogue switch-off. The Taskforce was asked to make concrete proposals on how Kenyans could be encouraged to adopt digital broadcasting. In summary, the scope of work of the Task Force was to give recommendations and contribute towards the development of a national strategy for the switchover of broadcasting systems from analogue to digital broadcasting in Kenya.

2. TRANSITION TO DIGITAL BROADCASTING

2.1. Conceptual Issues in Digital Broadcasting Digital broadcasting uses digital rather than analogue waveforms to carry broadcasts over assigned radio frequency bands. Sound and pictures are processed electronically and converted into digital format. This code is then transmitted as a bit stream and reconverted by appropriate receivers or set-top boxes into sound or TV programmes. This improves the reception quality, allows more program channels and also promotes efficient use of the spectrum. The RRC-06 established a digital broadcasting Plan in the 174-230 MHz and 470-862 MHz band. However, the implementation of transition to digital broadcasting

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will be limited to the 470-806 MHz band. As the existing analogue television services in the 174-230 MHz band move to digital broadcasting in the 470-806 MHz frequency band, the 174-230 MHz frequency band will be available for the introduction of T-DAB services. It was agreed that 17 June 2015 would be the deadline for the transition from analogue to digital.

2.2. Benefits of Digital Broadcasting The RRC-06 developed a digital broadcasting plan whose implementation may only be fully realized after the end of the transition period. This is due to the fact that the new digital plan has been developed in the same frequency bands occupied by the existing analogue television plan. The benefits for moving from analogue to digital terrestrial broadcasting include:

additional services; higher video and audio quality; greater spectrum efficiency due to associated digital coding techniques and the

additional number of frequencies; and more programming channels that can be accommodated in one frequency.

Digital broadcasting uses the radio-frequency spectrum more efficiently than analogue broadcasting. For digital television and Digital Radio Mondiale, more than one programming channels will be accommodated in the same amount of frequency spectrum currently required to transmit a single analogue programme. The switch off of analogue terrestrial broadcasting will release some frequency spectrum in the VHF and UHF frequency bands which could be reassigned to other services such as mobile telephony, fixed wireless access, and mobile datacasting. The released frequency spectrum is known as the ‘digital dividend’. The digital dividend will only be realized when analogue has been switched off, hence the need to keep the simulcast period (the period when analogue and digital signals will be broadcasting simultaneously) as short as possible. Competition and innovation is expected to increase due to new entrants, such as, new broadcasters and developers of interactive applications. Therefore consumers will have a wider choice of enhanced broadcasting applications, multimedia data and entertainment services. Digital broadcasting offers specific benefits for market players by reducing transmission costs and providing better technology for storage and processing of content.

2.3. Implications of Digital Broadcasting Frequency spectrum is a scarce public resource whose assignment/allocation neither confers ownership nor a continued right to a particular radio frequency.

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Since digital technology makes it possible for one frequency channel to accommodate more than one programming channel, it is in public interest to ensure that the radio spectrum is used efficiently by sharing frequencies. In the case of digital broadcasting this is achieved by creating separate market segments for signal distribution providers and content service providers. In this regard, an investor does not have to be assigned a frequency and/or develop infrastructure before becoming a broadcaster. It is envisaged that the broadcaster of the future will concentrate only on content as the broadcasting infrastructure will be provided by the signal distributors.

2.4 Challenges in Implementing Digital Broadcasting The implementation of the new digital broadcasting plan during the transition period will be constrained due to the following reasons:

• Most of the proposed digital channels can only be used after the existing analogue channels have been converted to digital or switched off. During the planning process, it was envisaged that a number of existing analogue channels will be converted to digital hence most of these were incorporated in the digital plan. In addition, most of the channels in the digital plan will be incompatible with the existing analogue assignments.

• The GE06 agreement requires that agreement of neighbouring countries be obtained before a number of Kenya’s digital channels can be utliized because they will affect these countries existing analogue stations.

• There will be need to replace or upgrade the analogue receivers for the reception of digital broadcasting. This can be done with a set-top box connected to an analogue TV set or integrated digital television receivers.

3. DIGITAL BROADCASTING STANDARDS

3.1 Digital Terrestrial Television Digital Terrestrial Television (DTT or DTV) is the implementation of digital technology to provide a greater number of channels, especially when using Standard Definition Television (SDTV); and/or better quality of picture when using Enhanced Definition Television (EDTV) or High Definition Television (HDTV). The main technology standards used are Advanced Television Systems Committee (ATSC) standard in North America; Integrated Services Digital Broadcasting (ISDB-T) standard in Japan; and Digital Video Broadcasting (DVB-T). The RRC-06 adopted the Digital Video Broadcasting (DVB-T) standard. Digital television is capable of providing new features and services such as high definition television (HDTV) programmes, interactive services and mobile

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reception, wide-screen pictures, surround sound audios, multiple viewing angles, multi-channeling, closed-captioning and electronic programme guides (EPG). Digital television may be transmitted via radio-communications i.e. terrestrial, satellite, cable and broadband telecommunications network. Digital Television improves picture quality and reduces problems such as ghosting and interference. Based on current compression standards it would not be advisable to implement HDTV terrestrially during the digital switchover, as one HDTV channel would significantly reduce the number of channels that could be accommodated on a single frequency. HDTV can be rolled out terrestrially after the switch-off of analogue services. Recommendations:

• The Taskforce recommends that the DVB family of standards will be adopted for digital television broadcasting in accordance with the decisions taken at RRC-06.

• The introduction of DVB-T service in Kenya to be made through licenced

signal distributors.

3.2. Digital Terrestrial Radio Digital Terrestrial Radio is commonly known as digital audio broadcasting, The technology used includes Digital Radio Mondiale (DRM) globally in the medium wave (MW) and short wave (SW) bands, In-Band On-Channel (IBOC) in North America, Integrated Services Digital Broadcasting (ISDB-TSB) in Japan and Eureka 147 in Europe, Canada and parts of Asia. The RRC-06 adopted the T-DAB standard and its introduction is not considered as a transition but as an introduction of a new service as it is planned and designed to use 174 – 230 MHz frequency band. Recommendations:

• T-DAB standard be adopted as the standard for digital sound broadcasting in accordance with the decisions taken at RRC-06

• The introduction of T-DAB service in Kenya to be made through licenced

signal distributors.

3.3. Digital Mobile Television

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Digital Mobile Television is a new television broadcasting service that has become possible due to convergence, where the content is broadcast or streamed not to traditional television sets but to mobile phones or other portable devices. There are three main radio technology families for delivering broadcast content to mobile phones or devices:

• In-band cellular broadcast techniques • Terrestrial digital broadcast networks and their extensions • Hybrid satellite/terrestrial systems,

It is important to note that these technologies all offer varying degrees of mobility and reception performance versus cost of deploying a network for mobile reception. The principle of technology neutrality in regulation should prevail and mobile services could be allowed on any of the multitude of mobile digital broadcast platforms available. There is also a possibility that DVB-H and DVB-T could be broadcast from the same transmitters in a digital terrestrial broadcasting network. However, such a choice by the broadcasting and/or electronic service would introduce some limitation in terms of coverage and number of services, as DVB-H requires denser coverage. Recommendation:

• The introduction of DVB-H service to be made through licenced signal distributors.

3.4. Other Broadcasting Technologies Due to absence of global standards, market forces will be left to determine the uptake of other broadcasting technologies such as digital satellite broadcasting, IPTV and Cable.

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4.0 SIGNAL DISTRIBUTION

4.1 Introduction of Signal Distribution

4.1.1 Current Infrastructure Environment Broadcasting in Kenya has historically been a straight forward process. Once a broadcaster obtained the frequency assigned to them, they would setup their own infrastructure or enter into co-locating agreements with the other existing broadcasters that had infrastructure to host their transmission systems. Through this transmission site they would deliver their programmes to their audience via conventional radio and TV platforms. It is common to find several towers or masts within the same designated site housing different broadcasters.

4.1.2 Analogue Vs Digital Transmission Broadcasters constantly faced with technological and commercial challenges. The advent of digital broadcasting is fundamentally changing the transmission component of broadcasting. In analogue transmission each broadcasting frequency can accommodate only one programming channel and requires its own transmitter, whereas in digital transmission each broadcasting frequency can transmit several programming channels using only one transmitter. This is part of the digital dividend that allows for maximization of infrastructure usage thus lowering transmission costs.

4.1.3 FM Signal Distribution In view of the simultaneous introduction of digital transmission and signal distribution, it is imperative that FM broadcasters take advantage and also be accommodated within the common infrastructure.

4.2 Need for Signal Distribution The investment in a transmitting station includes access roads, electricity, buildings, security, ventilation, air conditioning, generators, tower/mast with common transmitting antennas, and satellite uplink and receiving facilities as well as technical staff. This is a huge investment that calls for these resources to be shared by broadcasting service providers. In this regard, the ICT Sector Policy Guidelines of 2006 states among others that the Government will licence signal distribution services to ensure that the use of broadcasting infrastructure is maximized and supports the development of modern broadcasting facilities to minimize the environmental impact.

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In digital broadcasting a signal distributor is beneficial for the following reasons:

Lower transmission costs per broadcaster. Better efficiency in spectrum management. Lower set up costs for new broadcasters. Reduce the environmental impact. Lower costs to the consumer in receiving equipment. Uniform coverage of the broadcast signal. Less signal interference.

The signal distributor will provide:

Carriage of the signal from the studio to the distribution site. Distribution of the signal to designated transmission sites. Broadcast of the signal within the service area.

4.3 Impact of Introducing Signal Distribution

4.3.1 Impact to the Broadcaster Broadcasters have had to invest heavily in infrastructure in an effort to distribute their signal; and employ technical and non technical staff to take care of their facilities in the field. With the introduction of a signal distributor, the broadcaster will concentrate on content development and leave the responsibility of signal distribution, infrastructure development and operation. Broadcasters will be freed from the difficulties in site acquisition, infrastructure development, operational and maintenance costs. During the simulcast period, there will be additional costs to the broadcasters. However, it is expected that after the switch over to digital there will be no more costs incurred for analogue transmission. After the switch over period the analogue transmission equipment will be rendered obsolete. The existing broadcasters will be allowed to expend the depreciated value of the analogue transmitters from the books of accounts.

4.3.2. Impact to the Regulator The regulator will find it easier to enforce licence conditions as the signal distributor will be required to ensure compliance to parameters in the licences as well as declare what has been installed on site. This will facilitate the use of authorised transmitter powers and location of transmitters in designated broadcast sites hence minimizing incidences of interference.

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4.3.3. Impact to the Public Currently, most homes have installed several receiving antennas for broadcast channels from different transmission sites. With a signal distributor in place, a single antenna will suffice since the transmitters will be radiating from one location. However, consumers will be required to purchase Set Top Boxes (STB) or digital TV sets to receive digital terrestrial transmission.

4.4. Obligations of Signal Distribution The signal distributor will have the following obligations: i. Provide services to broadcasters on an equitable, reasonable, non-preferential

and non-discriminatory basis. ii. Adhere to licence conditions as provided by the Regulator. iii. Provide quality delivery of broadcasting services as per contract between the

signal distributor and the broadcaster. iv. Ensure that the digital transmission coverage is similar to or better than the

existing analogue transmission coverage. v. Appraise the Regulator on a regular basis, on the utilization of frequency

channels and broadcasters database. vi. Make available to the regulator all the network configurations. vii. In determining its tariffs, the signal distributor will be required to take into

account the different categories of broadcasting licencees and the nature and technical parameters of the service provided to each licencee with a view to ensuring that the different tariffs are appropriate to and commensurate with the various broadcasting services to which they relate.

Recommendation • The signal distributors will provide services to broadcasters on an equitable,

reasonable, non-preferential and non-discriminatory basis.

4.5 The Challenges of Signal Distribution There are several potential challenges for the signal distributor, such as:

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i. The functions of a signal distributor were previously carried out by the broadcasters and a number of challenges come into focus since the existing broadcasters have already made significant investments in infrastructure. There has to be a mechanism to ensure that this investment is not wasted.

ii. Where the existing infrastructure may not be adequate, there will be need for

upgrading it to accommodate digital transmission during simulcast period and after.

iii. The high setup costs will limit the number of signal distributors. Furthermore,

signal distribution services may not penetrate to areas that are not commercially viable.

iv. The evolution of Handheld Digital Video Broadcasting (DVB-H) allows the

broadcast of TV signals directly to handheld, portable and other devices. DVB-H receivers are built upon portable and mobile capabilities of DTT technology and hence the need to include them in the signal distribution framework in the development of infrastructure.

4.6 Strategies for Moving Forward i. In accordance with the ICT Sector Policy Guidelines of March 2006, practical

measures will be taken by the government to licence signal distribution providers in Kenya.

ii. The multiplexing and signal distribution shall be done by the signal distributor. iii. Content service provision and signal distribution shall be separate market

segments. iv. In order to reduce the cost of migration, the existing designated transmitting

analogue sites and infrastructure will be used for digital transmission. v. Existing infrastructure owners will enter into agreements with signal distributors

and future infrastructure investors regarding integration of their facilities into the signal distribution network.

vi. Broadcasters will be encouraged to migrate from analogue to digital technology

in the studio facilities for the public to appreciate the difference in quality between analogue and digital signal.

Recommendations

• Based on the government decision to licence KBC as a signal distributor, KBC shall form an independent company to run the signal distribution services in order to avoid conflict of interests or cross subsidies.

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• The current broadcasters will be allowed to form an independent company

to run the signal distribution services in order to utilize their existing infrastructure. This company should be independent to avoid conflict of interests or cross subsidies. This company will be given the first preference to a signal distribution licence.

• Existing broadcasters who own infrastructure will negotiate commercial

terms with the licenced signal distribution provider for transfer of ownership of the infrastructure.

• A time limit be set after which broadcasters will not be allowed to operate

unlicenced signal distribution services

5. CONTENT ISSUES IN DIGITAL BROADCASTING Content is an important part of broadcasting and therefore must be included in any discussion on migration from analogue to digital broadcasting. In the analogue environment the viewer has a limited number of programme channels. The additional channels created by digitization, provide an opportunity for Kenyan viewers and listeners to have avenues through which their own stories, concerns and lifestyles are reflected.

5.1 Content in the Digital Environment In the digital broadcasting environment the viewer has access to a many channels. These channels require the audience to use an electronic programming guide (EPG) in order to navigate through the available programmes. Broadcasters will need to produce high quality programmes and develop strategic approaches to deal with workforce transition issues in the digital environment. Government will need to work with the industry on capacity building in this area. Content production can be an important industry for Kenya with regard to job creation, conservation, promotion and export. The broadcasting industry will be encouraged to:

• Establish training programmes which incorporate digital broadcasting techniques.

• Ensure training takes the form of apprenticeship programmes in cooperation with manufacturers and producers. The latter may be given incentives to accommodate such programmes.

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• Explore the possibility of providing training scholarships for special graduates of media institutions to attend training programmes at specialized digital broadcasting training programmes abroad.

The transition to digital broadcasting will stimulate an increase in quality Kenyan drama and documentaries, in addition to increased broadcasting of sports. Digital broadcasting will enable on-demand delivery of personalized content to the audience.

5.2 Content Regulation in the Digital Broadcasting Environment The impact of multi-channel viewing and on-demand services means that regulations cannot be very specific in terms of setting requirements at the level of types of programming on a specific channel. Instead the regulatory focus is expected to shift from specific channels to the bouquet (multi-channel) operator in terms of carriage requirements. In addition, the ability of the user to control the content viewed through features on the STB, or in some cases to request the content viewed, will most likely result in more self-regulation and a ‘light touch’ regulatory approach. The multiplicity of channels will create some challenges, such as inappropriate content from international sources, among others.

5.3 Production of Content Relevant content is an important determinant in the uptake of digital broadcasting services. One of the weaknesses in the broadcasting industry in Kenya is the low investment in content production. This weakness may be exacerbated rather than alleviated in the digital environment if it is not addressed. Broadcasters will face enormous pressure to generate extra content for the additional channels. Therefore, more government intervention is needed for content development and should be a core part of the migration strategy.

5.4 Digital Content It is not essential that programmes be produced in a digital format; once transmission is digital, broadcasters will be able to convert from analogue to a digital format. Therefore, digital production studios or facilities are not a major requirement for migration initially.

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5.5 Copyright Issues

The digital platform enables a significant improvement in the quality, quantity and accessibility of content. New mechanisms are required to compensate content creators and distributors in an environment where it is easy to replicate perfect copies. It raises questions about the adequacy of the existing legal apparatus for the communications industry at large.

Digital simulcast of a copyright protected service results in a right to additional copyright payments even though few or no additional viewers are involved. Such demands may be perceived as a disincentive to provide or extend digital services.

Developments in digital broadcasting can be constrained by right holders, given the territorial nature of copyright. Legal issues on protection of electronic pay services often encrypted to ensure remuneration and/or to limit viewing to a specific territory need to be resolved.

5.6 Diversity of Digital Broadcasting Services

Digital broadcasting will incorporate different consumer segments, such as, portable and mobile reception; data and interactive services. Maximizing digital service diversity will help ensure differentiation from analogue and serve the needs of population segments and markets that are interested in other types of digital services. The following are some proposed actions to facilitate investment and stimulate consumer uptake of digital broadcasting and related services:

clarifying the regulation applicable to digital broadcasting services and those responsible for its implementation by ensuring that those providing such services to the public will be subject to the same regulation as broadcasters;

ensuring standardization, compatibility and interoperability of equipment that will allow many players to thrive;

encourage the availability of value-added content on digital networks in different ways;

Entrenching special technological benefits not necessarily unique to digital but that may have matured recently to stimulate DVB-T demand by increasing appeal.

Recommendations:

• The Government should put in place appropriate policies on the access, use and distribution of content in the diverse digital service environment.

• The Government should establish a body entrusted with the responsibility of promoting diverse content development by providing financial and other support to the local content development industry.

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• The Government should streamline the development and supervision of curriculum used in the media training institutions.

6.0 POLICY AND REGULATORY CONSIDERATIONS IN THE TRANSITION TO DIGITAL BROADCASTING

6.1 Frequency Allocation Digital television requires the same frequency bands used by the analogue television Therefore, full introduction of digital television broadcasting services, will necessitate an eventual switch-off of the existing analogue television broadcasting services in the UHF/VHF Frequency Bands. The main benefit of implementing the digital switchover for television as planned at RRC-06 is that after analogue switch-off there will be more spectrum to accommodate not only the planned digital terrestrial television transmission networks and digital radio transmission networks in Band III, but also the freeing-up a significant amount of radio frequency spectrum (sometimes referred to as ‘Digital Dividend’) for new broadcasting services and potentially other communication services. Digital Radio, in contrast to Digital Television can co-exist with traditional analogue radio transmissions, uses a different Band, namely Band III and not the frequencies traditionally associated with AM and FM. Digital Radio when implemented in Band III will require shifting of, or the switch-off the existing analogue television broadcasting services occupying frequencies in that band. Based on the above considerations, a process involving the switchover of existing broadcasters from analogue transmission networks to digital transmission networks as contemplated for television is not required for digital radio in Kenya. There is however need to develop a licensing framework for introduction of digital radio.

6.2 Policy Approach to Platform Selection In the switchover to digital television, in most parts of the world, terrestrial commercial television broadcasting services have been allowed to choose to be on a terrestrial, satellite or cable digital transmission network based on their own economic considerations. However, when it comes to free-to-air television

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broadcasting services that choice because of universal service obligations and the public interest has been to a large extent determined by the national government, leading to a continued policy emphasis on a terrestrial transmission network. . Digital terrestrial television network has the following advantages:

it enables a higher level of localised content broadcasts; it provides greater robustness than satellite, where there is a risk of

catastrophic satellite failure; Easy portable and indoor television reception.

Easy installation of set-top boxes

Recommendation:

• Existing analogue terrestrial broadcasting service should migrate to digital

transmission network based on their own commercial strategy and economic considerations.

6.3 Policy Approach to Licensing Of Channels Broadcasting is an important component of the current information infrastructure and is an industry whose operations are guided by a strong public interest requirement. Due to the uniqueness of broadcasting and the importance of the service it provides, broadcasters have a special obligation to serve the needs and interests of their communities, one that has historically distinguished them from telecommunications service providers. Scarcity of frequency spectrum has to some extent prevented the broadcasting sector from expanding in terms of ownership, diversity and the ability to address the needs of all Kenyan languages. In the digital era there will be opportunities for television and radio to grow in relevance and diversity of services in order to promote social, cultural and national economic goals since there will be additional amount of spectrum. However, even with digital technology, spectrum is still a finite resource and cannot support infinite number of broadcasters. Adequate capacity will be available for the existing programmes during the transition period.

6.4 Approach to the Transition to Digital Television Broadcasting The transition from analogue to digital broadcasting should cause minimal disruption to viewers. The transition will affect consumers, policy makers and broadcasters, and involves much more than a technical migration. Considering the

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role of TV and radio in our society, that impact also has economic, social and political angles. The transition will affect content production, transmission and reception. Accordingly, the plan would need to be carried out cautiously and gradually. The two possible approaches to the transition to digital broadcasting are firstly; a market driven-technological transition where a progressive replacement of analogue technology with the better digital technology takes place; and secondly a policy driven transition primarily focused on free-to-air terrestrial broadcasting services. Due to the advantages associated with early switchover date, Kenya may adopt the policy driven transition with a firm switch-off date. The transition timeframe will need to be made in a way that mitigates the effects of the costs involved, develops attractive service to derive demand, and overcomes resistance from citizens and industry players who may see risks in changing the status quo in the broadcasting sector. The migration to digital can be divided into three distinct phases:

Digital Switch-on: the introduction of digital broadcasting services

involving the development of the digital broadcasting infrastructure – including introduction of a signal distributor, availability of set-top boxes and/or integrated receivers.

Simulcast Period: In order to ensure that television viewers without set-top boxes are not deprived of services, analogue and digital will have to be broadcast in tandem for some period – the “simulcast” period [the actual digital migration process, involving a gradual replacement of analogue broadcasting equipment by digital broadcasting equipment].

Analogue Switch-off: termination of analogue transmission which assumes the completion of the switchover process, so that it will not occur, before almost all households can receive digital signals and have digital receivers.

Consumer awareness is a cross-cutting issue which will be undertaken in all three phases. In the case of digital television, a switchover process is required from analogue to digital transmission networks with a firm switch-off date for the analogue transmissions. In order to ensure that television viewers without set-top boxes are not deprived of services, analogue and digital will have to be broadcast simultaneously for a period of time – the “simulcast” period.

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The signal distribution providers should be obliged to promote the take-up rate of digital terrestrial television so that the frequency spectrum currently used for analogue broadcast could be released as soon as possible. One digital programme channel will be made available for each of the existing broadcasters during the transition period, and will be provided free of charge of any frequency licence fees until the analogue switch off date.

Recommendations:

• The Government should establish a Multi-stakeholder Working Group to co-ordinate the migration process and set aside funds to cater for the process.

• Adequate funds should be allocated for marketing to create awareness of

the migration and its implications.

6.5 Switch-Off Methods Several approaches to analogue switch-off are possible. However, the approach will usually be predicated on the approach used for launching digital broadcasting services. In launching these new services, the duration of the simulcast period when analogue and digital terrestrial television services are simultaneously transmitted will need to be determined. Although the cost of simulcast is high, its duration will be determined by the number of households that depend on the analogue transmissions and how quickly these households can be converted to the digital television service.

6.5.1 Phased shut-off of analogue services In a phased approach, analogue switch-off takes place by region. A digital broadcasting timetable detailing when analogue transmitters will be shut off in the different regions is prepared. This approach provides several benefits. Firstly, the lessons learnt in one region can be applied to improve the process in another region. Secondly, the released frequencies can be re-used in a neighbouring region in order to increase its digital coverage and expand the digital service offering. Finally, this approach allows the cost and effort of digitalization to be spread across a significant period of time.

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6.5.2 Nation-wide shut-off of analogue services In a national approach, analogue terrestrial television services are ended at the same time over the whole country. Such an approach allows all viewers to simultaneously benefit from the advantages of digital switchover, ensuring that all viewers are treated equally and given the same access to all services.

6.5.3 Partial shut down of analogue services In a partial approach, some analogue terrestrial television services are ended in order to make frequencies available for a subsequent digital broadcasting launch. This eliminates the need for prolonged analogue/digital simulcasting period. However, because the digital launch is preceded by analogue switch-off, viewers will temporarily lose access to some terrestrial services until they are restored on the digital platform. This approach is effectively used where a small percentage of households are terrestrially dependent. Recommendation:

• Kenya should adopt either a policy driven approach on transition to digital broadcasting with a firm nationwide switch-off date or a phased switch-off of analogue services within a period of 3 years.

6.6 Digital Receiving apparatus Availability of digital receiving apparatus at affordable prices is crucial to early uptake of digital broadcasting technology by the mass market. Pricing of such receiving equipment could be the biggest single obstacle or enabler to introduction of digital broadcasting in Kenya.

6.6.1 Set-Top Boxes Digital broadcasting systems can be operated in three basic modes: free-to air (FTA), free-access and fully encrypted:

• FTA services do not cater for any encryption system and typically any set top box that complies with the DVB-T standard should be able to receive the signal. The advantage of such a system is that set-top-boxes are reasonably priced and can reduce the barrier to entry when set top boxes are to be funded or subsidized. The disadvantage is that one has no control over the viewer base, will not know exactly how many viewers are watching and it only offers limited value added services. No software control or managing of the set-top box will be possible. No value-added applications can be provided on the set-top box, and no over the air upgrades will be possible. In order to ensure that the market is not flooded with low quality

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equipment, it is proposed that set top boxes should be subject to some form of quality control to ensure that the quality of set top boxes is reasonable. A minimum standard for the equipment will have to be set.

• Free-access systems use more advanced set top boxes which provide the

option of implementing conditional access. The basis of this option is that viewers will have to acquire a set top box as well as a smart card to be able to watch the programmes at no additional cost. Although more expensive initially, this option offers broadcasters full control over their viewers as well as the introduction of advanced value added services.

• Fully encrypted services can be used to ensure monthly payments for

programmes viewed, for example. This model is based purely on commercial principles and full control of subscribers is essential. Once one provides full encryption services on a DTT platform, the same platform can be used for free-access as well as FTA services. Activation of Conditional Access (CA) for fully encrypted services would require the same support infrastructure as in free access systems with the addition of subscriber management systems.

The cost of the set top box poses the most critical barrier to entry in terms of getting the viewers to accept a digital switchover process. The entry level set top box has to be affordable. However, it is also necessary to ensure that more sophisticated set top boxes are available which are flexible enough to provide value added services. It will be necessary to define minimum set-top box specifications for the entry level set top box to ensure technical compatibility. Recommendations:

• The Government should ensure availability of affordable digital receivers and set top boxes through fiscal measures.

• The Kenya Bureau of Standards and CCK should define the minimum

standards for set top boxes to be used in Kenya.

• Importation of analogue only TV receivers should not be allowed after 2012 in preparation for the analogue switch off deadline of 2015.

6.7 Signal Distribution

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In accordance with the ICT Sector Policy Guidelines of March 2006, practical measures will be taken by the government to licence signal distribution providers in Kenya. Recommendations

• Based on the government decision to licence KBC as a signal distributor, KBC shall form an independent company to run the signal distribution services in order to avoid conflict of interests or cross subsidies.

• The current broadcasters will be allowed to form an independent company

to run the signal distribution services in order to utilize their existing infrastructure. This company should be independent to avoid conflict of interests or cross subsidies. This company will be given the first preference to a signal distribution licence.

• Existing broadcasters who own infrastructure will negotiate commercial

terms with the licenced signal distribution provider for transfer of ownership of the infrastructure

• A time limit be set after which broadcasters will not be allowed to operate

unlicenced signal distribution services

6.8 Revocation of allocated frequencies: After the expiry of the simulcast period, broadcasters will be required to switch off their television broadcasting transmitters and operate only on digital broadcast channels provided by the signal distribution provider. Recommendations:

• Upon switch-off of television broadcasting transmitters, the frequency assignments to broadcasters shall be revoked by CCK.

• Frequencies will no longer be assigned to broadcasters once signal

distributors are in place. • The broadcasters will enter into commercial arrangements with signal

distribution providers who will have set up infrastructure at the site in question.

• The regulator will ensure that signal distributors provide services to

broadcasters promptly on request.

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6.9 Frequency Spectrum Fees CCK will develop appropriate frequency fees and create incentives towards implementation of digital broadcasting.

7. CONSUMER ISSUES Kenya is faced with the challenge of finding a balance between the need to foster commercial development of the broadcasting industry and to make sure broadcasting serves the national public interest. Television and radio remain a significant source of information even in developing countries like Kenya. As the government plans the migration from analogue to digital broadcasting, it is important to note that most consumers do not know the difference between the two, yet they are the key target audience. It is imperative that consumer awareness and education be prioritized for effective implementation of digital broadcasting. Education is important as there is little to be gained from access to the digital technology if skills to utilize them are absent or obscure. It is critical to ensure that there are strategies to diffuse relevant information to consumers to enable them to understand the need and benefits of the migration to digital broadcasting. In the context of digital broadcasting, the challenge will not be in convincing the public on the need for televisions and radios but rather the need for appropriate technology to receive digital programming. This could be televisions and radios that can receive digital programs or set-top boxes to change the digital broadcasts into analogue format. . The challenge for the government, therefore, is to raise awareness on this migration and ensure consumer buy-in as outlined below.

7.1 Implications of Migration on Consumers Digital broadcasting will include multi-faceted services through satellite, terrestrial TV, cable, broadband among other forms. The switchover from analogue to digital will have major implications on all service providers; some will be in a rush to profit from the change. The consumer will have no option to go back to analogue services after the switch-off. They will be confronted with a range of multi-channeled services, new costs and the pressure to change quickly to services they may not be familiar with. The government must prioritize consumer protection to guard against exploitation through unfair market practices.

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7.1.1 Consumer Protection The priorities of government in the migration process must revolve around those parties that will be greatly affected and those whose decisions equally have an implication on the success of the migration; the consumers. Consumer protection will be a priority area, the key aspects of this will include:

a) Provision of adequate time for change: The proposed migration period must be adequate and the new medium attractive enough to encourage people to buy new digital equipment. This will also increase the take-up rate. Consumers who do not wish to abandon their analogue receivers immediately will have set-top boxes which will allow them to receive digital signals on the analogue receivers. Recommendation:

• Government must institute measures that protect the end-user against instant crash of service that leaves them with no option at the end of the migration process.

b) Relevant regulations

Regulations will be put in place to ensure that consumers are protected. Such regulations will contain intervention mechanisms for complaints raised by consumers; and enforcement and consequences for those found flouting the regulations.

c) Addressing Consumer concerns A key strategy would be to ensure that consumers understand that switchover is definite and have information on how they can make informed purchases and be given adequate notice. This will enable those intending to invest in new equipment to make choices informed by the Government’s switchover commitment. Recommendations:

• The consumers should be protected through a phased strategy which includes a voluntary switching phase, agreed upon for implementation.

• The Multi-stakeholder Working Group established by the Government will have the responsibility of responding to public concerns even beyond the

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switchover as all concerns may not be anticipated in time.

7.1.2 Consumer Awareness and Education Public understanding and acceptance are crucial to the success of the migration from analogue to digital broadcasting. The consumers need well-designed, well-timed and well-funded information on the need for, and the benefits of the migration. The content of consumer education must include: the period of migration, switch-over dates, policy issues, financial implications, quality of service, conversion, reception problems, coverage and recording alternatives. Education must also emphasize the benefits to the consumer. The campaign should begin as soon as the implementing body is established as this is also a significant part of the migration process. Recommendations:

• There should be an effective strategy to inform consumers that covers all areas of concern including the migration process and switch-over dates.

• The strategy must integrate all the market players in the broadcasting value

chain in order to yield the expected benefits.

• Government should provide incentives to the industry for them to promote and explain the services to customers.

• Government should monitor and evaluate the awareness, take-up and use of the new services, and adjust the campaign accordingly.

• Government should provide the financial resources for the consumer campaign and education.

• Broadcasters should contribute by airing the campaigns regularly.

7.1.3. Financial Implications to the Consumer One of the greatest fears for consumers is the financial implications of the switchover from analogue to digital broadcasting. Questions abound from how much various services and equipment will cost to whether it will be within the purchasing power for most consumers. If the cost is maintained at an affordable level, it will hasten the migration process.

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Recommendation:

• There should be standard fiscal measures to ensure affordability of the set top boxes.

• Imported equipment for digital broadcasting should be zero-rated to lessen the tax burden.

7.2 Public Interest Issues

Migration to digital broadcasting must take into account public interest issues, such as concerns about obsolete technology. Most of the issues are cross-cutting but ultimately concern consumers.

7.2.1 Vulnerable Groups The migration strategy must take cognizant of the consumers, so as to encourage the uptake by users with disparate needs. This requires the collaboration of all stakeholders to improve usability and accessibility to digital broadcasting. The demands of the vulnerable groups must be evaluated and addressed in the migration strategy. There are many demands imposed on people with disabilities both with equipment and content. The impairments range from visual, hearing and dexterity. Therefore, efforts must be directed to:

• Creating awareness and understanding nationally; • Identifying products suitable for the vulnerable groups, particularly those

with disabilities; • Ensure the accessibility of ancillary services and their availability on the

digital television platform.

Recommendation: • The implementation strategy must specifically target the vulnerable groups,

people with disabilities and the poor to ensure they are included in the digital migration.

7.2.2 Technological Obsolescence

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Consumers need to be assured that their television sets will continue to work and the need for set-top boxes. The government should discourage the importation of analogue receivers after switchover date. A receiver system must not exclude any broadcaster from the Electronic Program Guide (EPG). It may be defined as a simple right of the consumers to have access to all service providers through an EPG. There should be free and equal access to the basic program guide for all broadcasters.

7.2.3. Environmental Concerns Lack of understanding may cause consumers to discard analogue TVs, VCRs and DVDs. This may not only generate a crisis in waste disposal but cause environmental hazards. Therefore, a waste management strategy must be considered early in the migration process. Given that quite a number of countries are in the process of implementing the digital switchover there is real danger of the old TV sets being shipped out of these countries in large quantities. Kenya should tighten regulations to prevent this kind of incident occurring by reviewing regulations relating to controls on shipments and disposal of e-waste. Recommendations:

• Development of a migration strategy that includes a waste management and environmental safety plan that will guard against the hazards is recommended.

• The consumer campaign must include issues of equipment that can be retained for use.

• Policies that discourage dumping of obsolete technologies and equipment must be put in place simultaneously with the information campaigns.

• Measures be instituted to curtail the importation of obsolete equipment into the country

7.3 Role of Stakeholders The involvement of all relevant stakeholders in the migration from digital to analogue broadcasting is crucial for the success of the process. However, government remains the focal point of the process to provide direction. The following are the roles of key stakeholders.

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7.3.1 Government Education and awareness of consumers are critical in the digital migration process and, government will take the lead in informing the public about the migration and its benefits. While efforts should be drawn from all the involved stakeholders including the consumers themselves, information release and deliberate campaign commitments must be made by government to alleviate consumer confusion; provide guidance on various aspects including:

• purchase of equipment; • the requirements for set-top-boxes; • responding to critical questions that may arise from the migration

process; and • Reaffirmation on handling any possible risks envisaged by consumers.

The relevant legislation on consumer protection should cover the following areas:

• Right of access to information – for instance the tariff guides where subscription to service is applicable.

• Quality of service that should be expected. • Handling of complaints from consumers.

The introduction and implementation of digital broadcasting requires the necessary infrastructure to be in place. Government will therefore need to drive this aspect by determining the need and rationale for government intervention in facilitating national infrastructure. The Government should adopt an all-inclusive strategy to alleviate any inequalities in the digital revolution.

7.3.2 The Regulator The Communications Commission of Kenya (CCK) is designated as the sector regulator for broadcasting; therefore, they should equally be mandated to implement policies in the sector including the protection of the interests of all users of broadcasting services. The regulation must promote competition in the sector so that the consumer can have a range of choices, lower prices and a wider range of services.

7.3.3 Broadcasters There will be need for broadcasters to carry out education and awareness over and above what is funded by government.

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Broadcasters should be encouraged to set aside airtime for consumer education.

7.3.4 Retailers and other Suppliers The buying decision of the consumer is mainly determined by information availability at various points of purchase. Retailers comprise an important segment of communication channel to consumers. Consumers can seek clarification on the significance of switchover for equipment they are about to buy and so make wise purchases. Buying decisions are therefore likely to be influenced by the retailers who may want to maximize their sales either by disposing off the ‘dead’ stock of analogue receivers or cheap equipment that do not meet the specified standards. It is therefore imperative that government enlists the support of retailers in communicating relevant messages to consumers. To equip retailers with the requisite information, there must be an awareness program targeted at them to ensure that they pass accurate information to the consumer. Retailers will be required to sell only type approved set-top boxes. Recommendations:

• Retailers will be required to have a switchover logo or any other mechanism that can be used as a certification mark. This will give consumers the assurance and confidence in purchasing receivers, antennae, and other equipment necessary to receive over-the-air signals after the switch over.

• The government should create a platform for hearing the consumer opinions which may be channeled through consumer organizations/interest groups.

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8. PRINCIPAL RECOMMENDATIONS

8.1 Digital Broadcasting Standards

• It is recommended that the DVB family of standards will be adopted in Kenya for digital television broadcasting in accordance with the decisions taken at RRC-06.

• It is recommended that the T-DAB standard be adopted as the standard for

digital sound broadcasting in Kenya in accordance with the decisions taken at RRC-06.

• The introduction of DVB-T service in Kenya to be made through licenced

signal distributors.

• The introduction of T-DAB service in Kenya to be made through the licenced signal distributors for DVB-T.

• The introduction of DVB-H service in Kenya to be made through the

licenced signal distributors for DVB-T.

8.2 Signal Distribution • The signal distributors shall be required to provide services to broadcasters

on an equitable, reasonable, non-preferential and non-discriminatory basis. • Based on the government decision to licence KBC as a signal distributor,

KBC shall form an independent company to run the signal distribution services in order to avoid conflict of interests or cross subsidies.

• The current broadcasters will be allowed to form an independent company

to run the signal distribution services in order to utilize their existing infrastructure. This company should be independent to avoid conflict of interests or cross subsidies. This company will be given the first preference to a signal distribution licence.

• Existing broadcasters who own infrastructure will negotiate commercial

terms with the licenced signal distribution provider for transfer of ownership of the infrastructure

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• A time limit be set after which broadcasters will not be allowed to operate unlicenced signal distribution services

8.3 Content Issues in Broadcasting • The Government should put in place appropriate policies on the access, use

and distribution of content in the diverse digital service environment. • The Government should establish a body entrusted with the responsibility of

promoting diverse content development by providing financial and other support to the local content development industry.

• The Government should streamline the development and supervision of

curriculum used in the media training institutions.

8.4 Policy and Regulatory Considerations in the Transition to Digital Broadcasting

• Existing analogue terrestrial broadcasting service should migrate to digital

transmission network based on their own commercial strategy and economic considerations.

• The Government should establish a Multi-stakeholder Working Group to co-

ordinate the migration process and set aside funds to cater for the process. • Adequate funds should be allocated for marketing to create awareness of

the migration and its implications. • Kenya should adopt either a policy driven approach on transition to digital

broadcasting with a firm nationwide switch-off date or a phased switch-off of analogue services within a period of 3 years.

• The Government should ensure availability of affordable digital receivers

and set top boxes through fiscal measures.

• The Kenya Bureau of Standards and CCK should define the minimum standards for set top boxes to be used in Kenya.

• Importation of analogue only TV receivers should not be allowed after 2012

in preparation for the analogue switch off deadline of 2015.

• Upon switch-off of television broadcasting transmitters, the frequency assignments to broadcasters shall be revoked by CCK.

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• Frequencies will no longer be assigned to broadcasters once signal

distributors are in place.

• The broadcasters will enter into commercial arrangements with signal distribution providers who will have set up infrastructure at the site in question.

• The regulator will ensure that signal distributors provide services to

broadcasters promptly on request.

8.5 Consumer issues

• Government must institute measures that protect the end-user against instant crash of service that leaves them with no option at the end of the migration process.

• The consumers should be protected through a phased strategy which includes a voluntary switching phase, agreed upon for implementation.

• The Multi-stakeholder Working Group established by the Government will have the responsibility of responding to public concerns even beyond the switchover as all concerns may not be anticipated in time.

• There should be an effective strategy to inform consumers that covers all areas of concern including the migration process and switch-over dates.

• The strategy must integrate all the market players in the broadcasting value chain in order to yield the expected benefits.

• Government should provide incentives to the industry for them to promote and explain the services to customers.

• Government should monitor and evaluate the awareness, take-up and use of the new services, and adjust the campaign accordingly.

• Government should provide the financial resources for the consumer campaign and education.

• Broadcasters should contribute by airing the campaigns regularly.

• There should be standard fiscal measures to ensure affordability of the set top boxes;

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• Imported equipment for digital broadcasting should be zero-rated to lessen the tax burden;

• The implementation strategy must specifically target the vulnerable groups, people with disabilities and the poor to ensure they are included in the digital migration.

• Policies that discourage dumping of obsolete technologies and equipment must be put in place simultaneously with the information campaigns.

• The consumer campaign must include issues of equipment that can be retained for use.

• Measures be instituted to curtail the importation of obsolete equipment into the country

• Development of a migration strategy should include a waste management and environmental safety plan.

• Retailers will be required to have a switchover logo or any other mechanism that can be used as a certification mark. This will give consumers the assurance and confidence in purchasing receivers, antennae, and other equipment necessary to receive over-the-air signals after the switch over.

• The government should create a platform for hearing the consumer opinions which may be channeled through consumer organizations/interest groups.

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9. GLOSSARY OF TERMS

AM Amplitude Modulation; often used to refer to medium wave

broadcasting

API Application Programme Interface

ATSC Advanced Television Systems Committee

CA Conditional Access

CAM Conditional Access Module

CODEC Encoder/Decoder

COFDM Coded Orthogonal Frequency Division Multiplex

COMMISSION Communications Commission of Kenya

DAB Digital Audio Broadcasting (usually applied to Eureka 147)

DR Digital Radio

DRM Digital Radio Mondiale

DSB Digital Sound Broadcasting

DTH Direct to Home satellite delivery of content

DTT Digital Terrestrial Television

DTV Digital Television

DVB Digital Video Broadcasting, is a suite of internationally accepted open standards for digital television broadcasting. DVB systems use transmission systems to distribute data using a variety of approaches, including by Satellite (DVB-S), Cable (DVB-C), Terrestrial television (DVB-T) and terrestrial television for handheld (DVB-H). Although the modulation method for each of the DVB family members differs, they have common features that allow the transfer of programmes from one bearer to another.

DVB-C Digital Video Broadcasting – Cable

DVB-T Digital video broadcasting – Terrestrial and it is in the DVB European consortium standard for the

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broadcast transmission of digital terrestrial television. Digital signals are transmitted using terrestrial methods using compressed digital audio-video streams. The signal transmitted using DVB-T does not travel via cable, they go from aerial antenna to aerial antenna of home receiver.

DVB-H: Digital Video Broadcasting for Handheld and is basically an extension to older DVB-T standard. It is a terrestrial digital TV standard that uses less power in receiving signals and allows the receiving device to move freely while receiving the transmission, thus making it ideal for mobile phones and handheld computers to receive digital TV broadcasting. It uses IP Data cast (IPDC) to define end-to-end system. The radio transmission is based on OFDM and can be described as TV on the mobile phone. DVB-H has ability to interface with mobile cellular networks enabling the reuse of existing mobile infrastructure

DVB-S Digital Video Broadcasting – Satellite

DVB-S2 Digital Video Broadcasting – Satellite version 2

DVB-T Digital Video Broadcasting–Terrestrial

DVD Digital Versatile Disk

EDTV Enhanced Definition Television

EPG Electronic Programming Guide

ETSI European Telecommunications Standards Institute

FCC Federal Communications Commission

FM Frequency Modulation; sound broadcasting system in VHF-

band

FTA Free-to-air

HD High Definition

HDTV High Definition Television

IBOC In-Band On-Channel

CCK Communications Commission of Kenya

ICT Information & Communication Technology

IPTV Internet Protocol Television

ISDB-T Integrated Services Digital Broadcasting for Terrestrial

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ITU International Telecommunication Union

ITU RRC-06 ITU Regional Radiocommunication Conference for the

planning of digital broadcasting

MediaFlo Media Forward Link Only

MFN Multi-frequency Network

MHP Multimedia Home Platform

MOA Media Owners Association

MPEG Moving Picture Experts Group

MPEG-2 Compression technology developed by MPEG currently in

use for digital broadcasting

MPEG-4 Improved compression technology developed by MPEG

currently being introduced globally for digital broadcasting

MW Medium Wave

OS Operating System

PDA Personal Digital Assistants

PPV Pay-Per-View

PVR Personal Video Recorder

QAM Quadrature Amplitude Modulation

RCT Return Channel- Terrestrial return path from viewer to

broadcaster in interactive broadcasting

QPSK Quadrature Phase Shift Keying

RDS Radio Data System

RF Radio Frequency

RRC06 Regional Radiocommunication Conference for the planning

of digital broadcasting services

KBC Kenya Broadcasting Corporation

SDTV Standard Definition Television

SFN Single Frequency Network

SMS Subscriber Management Service

STB Set Top Box

SW Short Wave

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TV Television

VHF Very High Frequency; sound and television broadcasting

services in the band 88- 254 MHz

VOD Video on Demand

VOIP Voice Over Internet Protocol

UMTS Universal Mobile Telecommunications System

UHF Ultra High Frequency; broadcasting services in the band

470-3000 MHz

Annexure