Kenya - Apply for a Broadcasting License

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Procedure

Apply in person

1. To apply for a Broadcasting license, the application should be submitted to the Communications Authority of Kenya regional office where the broadcasting station shall operate. CAK Contact Details & Office Location
2. The application for the license is done on the prescribed application form Broadcasting Application Forms and in line with the guidelines for the application forthe Broadcasting License issued by the Authority. This application form and guidelines are available on the Website for free download.
3. After downloading the applicable Application Form, fill it out and submit to the Authority the completed license application form and required supporting documents as stipulated on the “Required Documents” section of this page.
4. On receipt of the application file, the CAK receiving officer shall check for completeness of the form to ensure it meets the licensing requirements and registers your application as received.
5. The receiving officer will then issue the applicant with a Payment Instruction Form, which the cashier will use to receive payment of the requisite application fees. Once payment is done, the Register with details of the application shall be updated with your application information.
6. The receiving officer will forward the application and supporting documents to the next level officer for further scrutiny and confirmation that the application complies with all the requirements.
7. The Evaluation team will prepare a report of their evaluation and present a summary to the Communications Licensing Committee (CLC) for further consideration.
8. The Communications Licensing Committee (CLC) shall deliberate on the application based on the evaluation report and recommend /not recommend the application for the award of a license.
9. Following the outcome of the CLC, the Authority shall in accordance with the CLC decision perform the following tasks:
   • Where the application is not recommended for award of a license, official communication shall be prepared to inform the Applicant of the reasons the application was not successful and the requirements for the applications to be processed further, if applicable; and
   • where the application is recommended for award of a license, the process of gazetting the application shall be initiated
   • Where CLC directs that the application be subjected to further processes before being recommended for license award, the applicant shall be accordingly updated if necessary.
10. For an approved application, the Authority shall prepare a notification for publication of the intent to license in the Kenya Gazette. The notice shall run for a statutory period of 30 days and the Authority shall communicate officially to the successful applicant notifying the applicant regarding the publication in the Kenya Gazette and the expiry date of the Gazette notice.
11. The Authority shall monitor the application on the Kenya Gazette for any representations/ objections and also shall address any representations or objections. A copy of the representation (if any) shall be forwarded to the applicant for information and/or to provide clarifications on issues.
12. At the end of the gazette period, the Authority shall submit the license applications for consideration by the Board.
13. Following the Board outcome, the Authority shall in accordance with the Board directive initiate official communication informing the Applicant of the Board decision and:
    • Where the application is approved, prepare official communication regarding the license offer informing the Applicant of the conditions of the offer including the prerequisite fee(s) and the offer validity period; and
    • Where the application is rejected, prepare official communication informing the Applicant of the reasons as to why the application was not successful and the requirements for the applications to be processed further, where applicable.
14. Once the applicant makes the payment for the license within the validity period of the license offer, the Authority shall prepare a draft license stipulating the terms and conditions of the license. The applicant shall be required to accept the offer before the next stage can proceed.
15. The Authority shall issue a construction authorization permit valid for a specified period (6 -12 months) during which the licensee shall be expected to put up the relevant infrastructure for the approved broadcasting service and carry out the necessary tests.
16. Once the licensee notifies the Authority regarding the completion of the set-up of the station, the Authority shall carry out an inspection of the facility as well as witness test transmissions and if satisfied, recommend issuance of the license to the applicant.
17. If dissatisfied with the construction, the Authority shall recommend to the applicant the specific issues that need to be addressed and the timeframe for revisiting the matter.
18. In case the applicant fails to address the shortcomings within the specified timeframe, the license offer shall be withdrawn and the applicant shall be duly informed.
19. The Authority shall issue the broadcasting license following a successful inspection by the Authority.
20. The license has a validity of 10 years; however, the broadcasting license must be kept in force by annual payment of the prescribed license fees.
21. The details of the Applicant and license shall be recorded and maintained in a Register of Licensees.
22. The processing time accumulatively takes between six (06) to twelve (12) months.

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Required Documents

• Duly completed and signed applicable Broadcasting Application Forms
• A covering letter, signed by the applicant, addressed to the Director General (see address below) on Applicant’s letterhead.
• For Kenya Government Entities, the Application letter should be by Institution’s Chief Executive Officer
• Original form CR/12 (Certificate of Incorporation) or its equivalent from the Registrar of Companies/ relevant ministry listing the directors and shareholders of the organization/entity and details of their nationality and shareholding – (CR/12 should not be older than two (2) months from the date of issue) and (Note: Kenya Government Agencies are exempted from this requirement)
• Copy of Certificate of Incorporation/Business Name/Registration Certificates or equivalent and for other shareholder companies where there is chain ownership in the applicant (Note: Kenya Government Agencies are exempted from this requirement)
• Copy of the relevant documents as listed below:
  • Cooperative Society’s By-Laws, Membership Agreement Terms and Conditions, Minutes of its AGM authorizing venture in the service for which the license is sought; and details of appointed directors or
  • Partnership Deed for the business name; or
  • Constitution of the Society Membership Agreement Terms and Conditions and Minutes of its AGM authorizing venture into the service for which the license is sought; and details of appointed directors.
• Kenyan National Identity Cards (ID) or valid Kenyan passports for all Directors and Shareholders of the Applicant. Both sides of ID should be copied on the same side of an A4 size paper. Copies of the passport should include pages showing the nationality, date of issue and expiry, and name and photograph of the holder. (Note: Kenya Government Agencies are exempted from this requirement)
• Valid Tax Compliance Certificate/Tax Exemption Certificate for applying entity from Kenya Revenue Authority.
• Any other supporting documentation may be requested by the Authority.

Office Locations & Contacts

Communications Authority of Kenya (CAK) - Head Office
CA Centre, Waiyaki Way
P.O Box: 14448-00800,
Nairobi
Mobile: 0703 042000, 0730 172000
Email: [email protected]
CAK Contact Details & Office Location
Website

Eligibility

• Any person(s) or company, society, and partnership registered in Kenya can apply for a license. However, political parties, movements, and human rights activists are not eligible for a broadcasting license.

Fees

CAK Broadcasting License

Note: Payments can be made in Banker’s or company cheques at Cashier’s office on the ground floor at CA Centre. The Cashier’s office is open between 0900 and 1200 hours and in the afternoon from 1400 to 1600 hours on weekdays (and closed on public holidays and weekends).

Validity

• The license has a validity of 10 years; however, the broadcasting license must be kept in force by annual payment of the prescribed license fees.

Documents to Use

Broadcasting Application Forms.

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

• The processing time accumulatively takes between six (06) to twelve (12) months.

Related Videos

Videos explaining the procedure or to fill the applications. 
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites. 	
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, 
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

• The Communications Authority of Kenya is mandated to license all broadcasting service providers in accordance with the Kenya Information and Communications (Amendment) Act, 2013.

Required Information

• Name of applying entity
• Applying the entity’s contacts
• phone number
  • postal address
  • email address
  • physical address
• License details
  • Type of license
  • Provide the name of the area(s) you wish to provide the broadcasting service.
  • language(s) of broadcast service
• Proposed station identity of broadcasting service e.g. wakenya FM
• Status of the previous application.(approved or rejected or suspended )
• Whether any of the partners/ directors/ shareholders have a beneficial interest in any other business licensed to provide or operate telecommunication and or broadcasting services?
• If any previous license granted to you under the act been cancelled, suspended, or modified?
• Referees details.

Need for the Document

• The Communications Authority of Kenya is mandated to license all broadcasting service providers in accordance with the Kenya Information and Communications (Amendment) Act, 2013.
• In accordance with provisions of Section 46C of the Kenya Information and Communications Act, 1998, it is illegal to provide any form of broadcasting service in Kenya without a license. Contravention of this law attracts a fine not exceeding Kshs. 1, 000,000 or imprisonment for a term not exceeding three years or both.

Information which might help

• Licensing of broadcasting services under the new regulatory framework shall commence in two folds;
  • The principle of first come first served will apply to all broadcasting service licenses which do not require assignment of the frequency resource (such as cable TV, subscription management, landing rights, etc.)
  • Broadcasting services requiring frequency spectrum resources shall require the available frequencies to be first identified by the Authority; and then advertised publicly (in whole or in batches) for interested parties to apply for the license (s). In this case, applications not responding to such adverts/notices shall not be considered.
• For frequency-based broadcasting services, the Authority shall publish the list of available frequencies/channels in at least one print media in Kenya and on the CA website informing interested applicants to apply for the provision of the identified broadcasting service (s). Such publication shall be the trigger point for interested applicants to submit an application for specific licenses within the timeframe specified.
• The notice published shall provide the following information;
  • The type of frequency/channel and location/site;
  • The category of license with regard to approved market structure (commercial, community, or public);
  • The required power level whether it is high power or low power;
  • Closing date for receiving applications for that particular notice
  • And any such additional information deemed relevant.
• The Authority shall publish a list of selected sites at different times depending on the Authority’s assessment in line with its objective of diversity in electronic media.

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

eRegulation-Broadcasting License
Kenya Broadcasting Regulation-2009

Others

• An approved broadcast is specific to a site or radius, and cannot be transferred to another site or other users without the approval of the Authority.
• The Communications Authority of Kenya (CA) is mandated by the Kenya Information and Communications Act, 1998, and as amended by the Kenya Information and Communications Act, 2013 to be the body that regulates broadcasting services in Kenya. This includes licensing broadcasting services and regulating the content that is transmitted over broadcasting networks.