hello Joseph,

If you were following, @simon said that GoTv had to go for the open decoder option, So I don't think its a must for NTV,KTN and Citizen to give their signals to be carried by GoTv and startimes.

Now the scenario is as below
  • Digital migration must happen, deadline is June this year
  • CAPEX/OPEX to enter into the tv station industry has greatly reduced, max of 125k per month per region
  • BSD and Self provisioning must choose at least 5 free to air channels (not sure if they need to be local or not), I am seeing a situation were someone can take advantage of these and not have to pay to have his/her signal distributed.
  • Some people like startimes, and Gotv didn't have local content other than NTV, Citizen and KTN (I stand corrected) and we need local stations to be aired digitally for this to work
  • People are currently being forced to sample other channels now that NTV, Citizen and KTN are off


On Tue, Feb 17, 2015 at 3:27 PM, Joseph Wayodi via skunkworks <skunkworks@lists.my.co.ke> wrote:
If this "must-carry" rule was actually meant to benefit the consumer,
shouldn't the Communications Authority of Kenya have required
StarTimes and GOtv to provide the channels free to air to *all* their
customers? And not just to those who pay the unlocking fee? This is
more like "may carry".

And, why just 5 channels? Why not all local channels? And if just 5,
which ones? Why does the Communications Authority of Kenya give the
pay-TV operators so much leeway? It would make more sense if this was
for actual "local" channels, and not national channels such as those
of the three media houses.

Also, in the US [1], "station operators are allowed to demand payment
from cable operators, or negotiate private agreements for carriage, or
threaten revocation against the cable operator. Must carry is a
privilege given to television stations, not a cable company. A cable
company cannot use must-carry to demand the right to carry an
over-the-air station against the station's wishes".

I don't know whether there are any avenues for legal redress left to
the three media houses (I hear they are planning to go to some
international court), but it looks to me like the Communications
Authority of Kenya (and our courts) seriously botched this one. Here's
an interesting article:
<http://www.nation.co.ke/oped/Opinion/How-authority-court-muddled-the-copyright-law/-/440808/2600262/-/ktw5uqz/-/index.html>.

[1] <https://en.wikipedia.org/wiki/Must-carry#United_States>

Joseph.

On Tue, Feb 17, 2015 at 2:06 PM, simon njoroge via skunkworks
<skunkworks@lists.my.co.ke> wrote:
> Third party includes FTA yes
>
> Also the "must carry rule" applies for the Self provisioning license which
> according to DG is set at a minimum of 5 FTAs in addition to their exclusive
> content.
>
> These 5 should not be charged for access.That's why GOTV and Star times had
> to get the open decoder options -what is been referred to as "administration
> fees" here
>
> @Alex yes the decoder can be both FTA and have conditional access. Bamba
> decoder has both
>
>
> On Tue, Feb 17, 2015 at 1:57 PM, Alex Nderitu via skunkworks
> <skunkworks@lists.my.co.ke> wrote:
>>
>> Third party content (or is it second party) is the channels in this case
>> (Lolwe, Njata, EBRU etc)  and this is FTA (not sure it can be non-FTA) but
>> if it was the decoder wouldn't be FTA since the content provider would have
>> to enforce conditional access (CA) and this is enforced at STB level.
>>
>> On Tue, Feb 17, 2015 at 1:51 PM, Odhiambo Washington <odhiambo@gmail.com>
>> wrote:
>>>
>>> And "third party content" doesn't include FTA, right?
>>>
>>> Now, help me understand who is the third party, especially if the signal
>>> is scrambled?
>>>
>>>
>>>
>>> On 17 February 2015 at 13:40, Alex Nderitu via skunkworks
>>> <skunkworks@lists.my.co.ke> wrote:
>>>>
>>>> Then again, they are not the same; two licenses are at play
>>>>
>>>> (Self provisioning license - They cannot transmit third party content,
>>>> only their content)
>>>> (Broadcast Signal Distributor - They transmit third party content, are
>>>> ideally not content providers)
>>>>
>>>> DSTV which transmits as GoTV - Self provisioning license
>>>> PANG which transmits as PANG also owns Startimes  - Broadcast Signal
>>>> Distributor
>>>> BAMBA - radio africa group - Self provisioning license
>>>> SIGNET- an arm of KBC - Broadcast Signal Distributor
>>>> then finally we have ADNC -Self provisioning license
>>>>
>>>> Now, the big question is why would ADNC be interested in signal
>>>> distribution since they cannot offer it as a service and hence will only
>>>> incur additional cost of network maintenance without any revenues generated.
>>>>
>>>>
>>>>
>>>> On Tue, Feb 17, 2015 at 1:18 PM, Stephen Munguti via skunkworks
>>>> <skunkworks@lists.my.co.ke> wrote:
>>>>>
>>>>> there are three signal distributors,
>>>>>
>>>>> DSTV which transmits as GoTV
>>>>> PANG which transmits as PANG also owns Startimes
>>>>> BAMBA - radio africa group
>>>>> SIGNET- an arm of KBC
>>>>> then finally we have ADNC
>>>>>
>>>>>
>>>>>
>>>>> On Tue, Feb 17, 2015 at 1:04 PM, Paul Njoroge <njorogekamau@gmail.com>
>>>>> wrote:
>>>>>>
>>>>>> I'm lost here, isnt GoTV same s signet?
>>>>>>
>>>>>> On Tue, Feb 17, 2015 at 12:46 PM, Stephen Munguti via skunkworks
>>>>>> <skunkworks@lists.my.co.ke> wrote:
>>>>>>>
>>>>>>> by govt STB, i mean the STB licensed by CA and distributed by the 60
>>>>>>> licensed distributors
>>>>>>>
>>>>>>> On Tue, Feb 17, 2015 at 12:41 PM, Odhiambo Washington
>>>>>>> <odhiambo@gmail.com> wrote:
>>>>>>>>
>>>>>>>> All the STBs licensed by CA are for receiving, primarily, the FTAs.
>>>>>>>>
>>>>>>>> So, let's start with the Bamba (from Radio Africa Group). It is
>>>>>>>> supposed to and was sreceiving the FTAs before the self-switch-off.
>>>>>>>>
>>>>>>>> 1. Does the Startimes STB receive SIGNET channels? Sorry, I don't
>>>>>>>> have it so I don't know.
>>>>>>>> 2. Does the GoTV STB receive SIGNET channels? I think it does, but I
>>>>>>>> need to verify tonight:)
>>>>>>>> 3. The govt STB is which one??
>>>>>>>> 4. My Sony Digital TV receives GoTV, Startimes, SIGNET, Bamba and
>>>>>>>> some other signals there.... but the scrambling of some of them obviously is
>>>>>>>> the issue.
>>>>>>>>
>>>>>>>>
>>>>>>>> On 17 February 2015 at 12:35, Stephen Munguti <kamitu.sm@gmail.com>
>>>>>>>> wrote:
>>>>>>>>>
>>>>>>>>> Also maybe we can do a research here,
>>>>>>>>>
>>>>>>>>> Does the Startimes STB receive signet channels?
>>>>>>>>> Does the GoTV STB receive signet channels?
>>>>>>>>> I know that the Government STB recieves both STV and GOTV save for
>>>>>>>>> the scrambling issue.
>>>>>>>>> The digital TV is equivalent to the govt recommended STB
>>>>>>>>>
>>>>>>>>> So the last question is this, if KTN,NTV and Citizen were to invest
>>>>>>>>> in the transmission equipment, what would stop the current STB from
>>>>>>>>> receiving their signal?
>>>>>>>>>
>>>>>>>>>
>>>>>>>>> On Tue, Feb 17, 2015 at 12:05 PM, Odhiambo Washington via
>>>>>>>>> skunkworks <skunkworks@lists.my.co.ke> wrote:
>>>>>>>>>>
>>>>>>>>>> I remember GoTV asking for a one time "administration fee" of
>>>>>>>>>> about 1,500 or something close for them to allow you to watch FTA channels
>>>>>>>>>> even when your subscription is expired. Did this change?
>>>>>>>>>>
>>>>>>>>>> On 17 February 2015 at 10:59, Okechukwu via skunkworks
>>>>>>>>>> <skunkworks@lists.my.co.ke> wrote:
>>>>>>>>>>>
>>>>>>>>>>> @James - the pay TV license is different from the digital
>>>>>>>>>>> distribution licence - thats why DSTV can prevent you if you don't pay but
>>>>>>>>>>> GoTV cannot prevent you from the FTA channels if you don't pay, yet
>>>>>>>>>>> technically the company is one
>>>>>>>>>>>
>>>>>>>>>>> ./Ok3ch
>>>>>>>>>>>
>>>>>>>>>>> On Tue, Feb 17, 2015 at 10:33 AM, James Njoroge via skunkworks
>>>>>>>>>>> <skunkworks@lists.my.co.ke> wrote:
>>>>>>>>>>>>
>>>>>>>>>>>> Can someone explain to me why DSTV prevents you from watching
>>>>>>>>>>>> local channels when you don't pay your subscription. It seems unfair to me
>>>>>>>>>>>> as they are basically asking you to pay for something that's free.
>>>>>>>>>>>>
>>>>>>>>>>>>
>>>>>>>>>>>> On 16 February 2015 at 21:35, Job Muriuki via skunkworks
>>>>>>>>>>>> <skunkworks@lists.my.co.ke> wrote:
>>>>>>>>>>>>>
>>>>>>>>>>>>> It's all about the money they stand to lose to  the new
>>>>>>>>>>>>> entrants in the industry.
>>>>>>>>>>>>> How long do you think they can last not airing any Adverts
>>>>>>>>>>>>> before companies
>>>>>>>>>>>>> decide to ship out and look for alternatives.
>>>>>>>>>>>>>
>>>>>>>>>>>>> Regards,
>>>>>>>>>>>>> Job Muriuki,
>>>>>>>>>>>>>
>>>>>>>>>>>>> Skype: heviejob
>>>>>>>>>>>>>
>>>>>>>>>>>>>
>>>>>>>>>>>>>
>>>>>>>>>>>>>
>>>>>>>>>>>>> On Mon, Feb 16, 2015 at 12:37 PM, Odhiambo Washington via
>>>>>>>>>>>>> skunkworks <skunkworks@lists.my.co.ke> wrote:
>>>>>>>>>>>>>>
>>>>>>>>>>>>>> Shadrack, we do respect your opinion, but you really need to
>>>>>>>>>>>>>> read about the whole saga in order to be able to even 'think' about anything
>>>>>>>>>>>>>> related to it:-)
>>>>>>>>>>>>>>
>>>>>>>>>>>>>> What does the sale of the STBs got to do with in in your
>>>>>>>>>>>>>> opinion?
>>>>>>>>>>>>>> Didn't the Cartel already know that CCK (CA) licensed about 60
>>>>>>>>>>>>>> distributors for the STBs (non-subscription) ?
>>>>>>>>>>>>>>
>>>>>>>>>>>>>>
>>>>>>>>>>>>>> On 16 February 2015 at 12:13, Shadrack Mwaniki via skunkworks
>>>>>>>>>>>>>> <skunkworks@lists.my.co.ke> wrote:
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> Me thinks the problem has to do with the sale of setboxes
>>>>>>>>>>>>>>> with monthly subscription to views who only interest is the free-to-air
>>>>>>>>>>>>>>> channels.
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> On Monday, February 16, 2015 11:29 AM, Stephen Munguti via
>>>>>>>>>>>>>>> skunkworks <skunkworks@lists.my.co.ke> wrote:
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> I have a few questions, that i also need answered
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> Whats copyright infringement/plagiarism?
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> How has DSTV satellite broadcasting been delivering KTN,NTV
>>>>>>>>>>>>>>> and Citizen to their viewers in remote areas, inclusive of neighboring
>>>>>>>>>>>>>>> countries, prior to all this problems beginning, was it illegal?
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> On Mon, Feb 16, 2015 at 11:03 AM, Tony Likhanga via
>>>>>>>>>>>>>>> skunkworks <skunkworks@lists.my.co.ke> wrote:
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> While at it, have a look at the recent debate below involving
>>>>>>>>>>>>>>> the concerned parties :
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> https://www.youtube.com/watch?v=QLju9OXByl4
>>>>>>>>>>>>>>> https://www.youtube.com/watch?v=0wxWdPK8j3c
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> Tony.
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> _______________________________________________
>>>>>>>>>>>>>>> skunkworks mailing list
>>>>>>>>>>>>>>> skunkworks@lists.my.co.ke
>>>>>>>>>>>>>>> ------------
>>>>>>>>>>>>>>> List info, subscribe/unsubscribe
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>>>>>>>>>>>>>>> ------------
>>>>>>>>>>>>>>> Other services @ http://my.co.ke
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> --
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> Best Regards,
>>>>>>>>>>>>>>> Stephen Munguti.
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> +254720425104
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> _______________________________________________
>>>>>>>>>>>>>>> skunkworks mailing list
>>>>>>>>>>>>>>> skunkworks@lists.my.co.ke
>>>>>>>>>>>>>>> ------------
>>>>>>>>>>>>>>> List info, subscribe/unsubscribe
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>>>>>>>>>>>>>>> ------------
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>>>>>>>>>>>>>>> http://my.co.ke/phpbb/viewtopic.php?f=24&t=94
>>>>>>>>>>>>>>> ------------
>>>>>>>>>>>>>>> Other services @ http://my.co.ke
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> _______________________________________________
>>>>>>>>>>>>>>> skunkworks mailing list
>>>>>>>>>>>>>>> skunkworks@lists.my.co.ke
>>>>>>>>>>>>>>> ------------
>>>>>>>>>>>>>>> List info, subscribe/unsubscribe
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>>>>>>>>>>>>>>> Other services @ http://my.co.ke
>>>>>>>>>>>>>>
>>>>>>>>>>>>>>
>>>>>>>>>>>>>>
>>>>>>>>>>>>>>
>>>>>>>>>>>>>> --
>>>>>>>>>>>>>> Best regards,
>>>>>>>>>>>>>> Odhiambo WASHINGTON,
>>>>>>>>>>>>>> Nairobi,KE
>>>>>>>>>>>>>> +254733744121/+254722743223
>>>>>>>>>>>>>> "I can't hear you -- I'm using the scrambler."
>>>>>>>>>>>>>>
>>>>>>>>>>>>>> _______________________________________________
>>>>>>>>>>>>>> skunkworks mailing list
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>>>>>>>>>>>>>> ------------
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>>>>>>>>>>>>>> http://my.co.ke/phpbb/viewtopic.php?f=24&t=94
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>>>>>>>>>>>>>> Other services @ http://my.co.ke
>>>>>>>>>>>>>
>>>>>>>>>>>>>
>>>>>>>>>>>>>
>>>>>>>>>>>>> _______________________________________________
>>>>>>>>>>>>> skunkworks mailing list
>>>>>>>>>>>>> skunkworks@lists.my.co.ke
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>>>>>>>>>>>>
>>>>>>>>>>>>
>>>>>>>>>>>>
>>>>>>>>>>>> _______________________________________________
>>>>>>>>>>>> skunkworks mailing list
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>>>>>>>>>>>> ------------
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>>>>>>>>>>>
>>>>>>>>>>>
>>>>>>>>>>>
>>>>>>>>>>> _______________________________________________
>>>>>>>>>>> skunkworks mailing list
>>>>>>>>>>> skunkworks@lists.my.co.ke
>>>>>>>>>>> ------------
>>>>>>>>>>> List info, subscribe/unsubscribe
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>>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>> --
>>>>>>>>>> Best regards,
>>>>>>>>>> Odhiambo WASHINGTON,
>>>>>>>>>> Nairobi,KE
>>>>>>>>>> +254733744121/+254722743223
>>>>>>>>>> "I can't hear you -- I'm using the scrambler."
>>>>>>>>>>
>>>>>>>>>> _______________________________________________
>>>>>>>>>> skunkworks mailing list
>>>>>>>>>> skunkworks@lists.my.co.ke
>>>>>>>>>> ------------
>>>>>>>>>> List info, subscribe/unsubscribe
>>>>>>>>>> http://lists.my.co.ke/cgi-bin/mailman/listinfo/skunkworks
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>>>>>>>>>> ------------
>>>>>>>>>> Other services @ http://my.co.ke
>>>>>>>>>
>>>>>>>>>
>>>>>>>>>
>>>>>>>>>
>>>>>>>>> --
>>>>>>>>>
>>>>>>>>> Best Regards,
>>>>>>>>> Stephen Munguti.
>>>>>>>>>
>>>>>>>>> +254720425104
>>>>>>>>
>>>>>>>>
>>>>>>>>
>>>>>>>>
>>>>>>>> --
>>>>>>>> Best regards,
>>>>>>>> Odhiambo WASHINGTON,
>>>>>>>> Nairobi,KE
>>>>>>>> +254733744121/+254722743223
>>>>>>>> "I can't hear you -- I'm using the scrambler."
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> --
>>>>>>>
>>>>>>> Best Regards,
>>>>>>> Stephen Munguti.
>>>>>>>
>>>>>>> +254720425104
>>>>>>>
>>>>>>> _______________________________________________
>>>>>>> skunkworks mailing list
>>>>>>> skunkworks@lists.my.co.ke
>>>>>>> ------------
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>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> --
>>>>>> Its all in the </head>
>>>>>>
>>>>>> Best Regards,
>>>>>> Paul Njoroge.
>>>>>>
>>>>>>
>>>>>> Skype: njorogepaul
>>>>>>
>>>>>
>>>>>
>>>>>
>>>>> --
>>>>>
>>>>> Best Regards,
>>>>> Stephen Munguti.
>>>>>
>>>>> +254720425104
>>>>>
>>>>> _______________________________________________
>>>>> skunkworks mailing list
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>>>>
>>>>
>>>>
>>>> _______________________________________________
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>>>
>>>
>>>
>>>
>>> --
>>> Best regards,
>>> Odhiambo WASHINGTON,
>>> Nairobi,KE
>>> +254733744121/+254722743223
>>> "I can't hear you -- I'm using the scrambler."
>>
>>
>>
>> _______________________________________________
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--

Best Regards,
Stephen Munguti.

+254720425104