Kenya - Apply for a Community Radio Licence

ProcedureEdit

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

Apply in personEdit

The application for a community radio licence is done on the prescribed Application Form for Community Broadcasting Licence- Form CA/F/MMS/APL-02 and in line with the guidelines for application of community broadcasting services issued by the Authority. This application form and guidelines are available on the Authority’s Website for free download.
After downloading the Application Form, fill it and submit to the Authority the completed licence application form and requisite supporting documents as stipulated on the application form. The receiving officer shall check for completeness of the form to ensure it meets the licensing requirements and register your application as received.
The receiving officer will then issue you 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 infromation.
The receiving officer will the forward the application and supporting documents to the next level officer for further scrutiny and confirmation that the application complies with all the requirements.
The Evaluation team will prepare a report of their evaluation and present a summary to the Communications Licensing Committee (CLC) for further consideration.
The Communications Licensing Committee (CLC) shall deliberate on the application based on the evaluation report and recommend /not recommend the application for award of a licence.
Following the outcome of the CLC, the Authority shall in accordance with the CLC decision perform the following tasks:

(a). where the application is not recommended for award of a licence, official communication shall be prepared informing the Applicant of the reasons the application was not successful and the requirements for the applications to be processed further, if applicable; and

(b). where the application is recommended for award of a licence, the process of gazetting the application shall be initiated

(c). where CLC directs that the application be subjected to further processes prior to being recommended for licence award, the applicant shall be accordingly updated if necessary.
For an approved application, the Authority shall prepare a notification for publication the intent to licence 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.
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.
At the end of the gazette period, the Authority shall submit the license applications for consideration by the Board.
Following the Board outcome, the Authority shall in accordance with the Board directive initiate official communication informing the Applicant of the Board decision and:

(a). Where the application is approved, prepare official communication regarding licence offer informing the Applicant of the conditions of offer including the prerequisite fee(s) and the offer validity period; and

(b). 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;
Once the applicant makes payment for the licence within the validity period of licence offer, the Authority shall prepare a draft licence stipulating the terms and conditions of the licence. The applicant shall be required to accept the offer before the next stage can proceed
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.
Once the licensee notifies the Authority regarding 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 licence to the applicant. If dissatisfied with the construction, the Authority shall recommend to the applicant the specific issues that need to be addressed and the timeframe of revisiting the matter. In case the applicant fails to address the shortcomings within the specified timeframe, the licence offer shall be withdrawn and the applicant shall be duly informed.
The Authority shall issue the broadcasting license following successful inspection by the Authority.
The community radio license must be kept in force by annual payment of the prescribed licence fees.
The details of the Applicant and licence shall be recorded and maintained in a Register of Licensees.

Required DocumentsEdit

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 licence is sought; and details of appointed directors or
- Partnership Deed for 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 licence 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 passport should include pages showing the nationality, date of issue and expiry, 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.

Office Locations & ContactsEdit

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

EligibilityEdit

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

FeesEdit

Application Fee (KShs.) (payable when submitting application form), Ksh. 1,000.00
Initial Licence Fee (KShs.) (payable after approval and before issuance of licence), Ksh. 15,000.00
Annual Operating Fee (KShs.) (payable on/or before 1st July of each year), Ksh. 15,000.00

ValidityEdit

The licence has a validity of 10 years

Documents to UseEdit

Application Form for Community Broadcasting Licence- Form CA/F/MMS/APL-02

Sample DocumentsEdit

Please attach sample completed documents that would help other people.

Processing TimeEdit

The processing time takes between six to twelve months

InstructionsEdit

Summary of instructions/steps

Download the application form and fill in the required information.
Prepare all the required documents and attach to the application form.
Submit the application form to the Communications Authority of Kenya.
Pay application fees and submit receipt.
Wait for verification of application and document; and running of notice of application for a 30 day gazzetement period in the Kenya gazzete.
Upon approval pay initial license fees.
You will then receive a premises inspection from Communications Authority of Kenya.
If everything is Okay you will be granted with the community radio license.

Required InformationEdit

Name of applying entity
Applying entity’s contacts
- phone number
- postal address
- email address
- physical address
Licence details
- Type of licence
- 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 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 DocumentEdit

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 helpEdit

Licensing of broadcasting services under the new regulatory framework shall commence in two folds;

(a. The principle of first come first served will apply to all broadcasting service licences which do not require assignment of the frequency resource (such as cable TV, subscription management, landing rights, etc.)

(b. Broadcasting services requiring frequency spectrum resource 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 licence(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 provision of the identified broadcasting service (s). Such publication shall be the trigger point for interested applicants to submit application for specific licenses within the timeframe specified.
The notice published shall provide the following information;

(a. The type of frequency/channel and location/site;

(b. The category of licence with regard to approved market structure (commercial, community, or public);

(c. The required power level whether it is high power or low power;

(d. Closing date for receiving applications for that particular notice e) 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.

External LinksEdit

OthersEdit

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 which regulates broadcasting services in Kenya. This includes licensing of broadcasting services and regulating the content that is transmitted over broadcasting networks.