CA/F/MMS/APL-06

APPLICATION
FORM MARCH 2021
FOR
SUBSCRIPTION
BROADCASTING
SERVICE
LICENCE

Application Form for Subscription Broadcasting Service Licence

1. MANDATORY REQUIREMENTS FOR AN APPLICANT

SECTION A: INSTRUCTIONS

1. This application should be completed in English and any document in foreign language must be
translated into English.

2. The application should be accompanied by an affidavit sworn by one of the Directors submitting the
documents listed herein in line with the template attached as Annex 1.

3. Completed application form should be presented at our offices on Ground Floor, Wing B, CA Centre
Waiyaki Way, at the Front Desk where you will be issued with a Payment Instruction Form.

4. Payments of fees can be made by Banker’s or Company Cheque at the Cashier’s office on ground floor
on presentation of the Payment Instruction Form. The Cashier’s office is open in the morning between
0900 and 1200 hours and in the afternoon from 1400 to 1600 hours on weekdays (and closed on public
holidays).

5. Applicants MUST submit a business plan addressing among others ALL issues highlighted in the
business plan guideline attached as Annex 2.

SECTION B: REQUIRED DOCUMENTATION

I. Originals of the following documents:
1. A covering letter, signed by the applicant, addressed to the Director General (see address below) on
Applicant’s letterhead.
For Government Entities, the Application letter should be by Institution’s Chief Executive Officer.
II. Clear photocopies of the following documents of the Applicant:
1. 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: Government Agencies are exempted from this requirement)
2. If the applicant is registered under the companies Act (Cap 486):

2.1 Copy of form CR/12 or equivalent from the Registrar of Companies listing the directors and shareholders of
the company and details of their nationality and shareholding – (CR/12 should not be older than two (2)
months from the date of issue).
(Note: Government Agencies are exempted from this requirement) and
2.2 Copy of form CR/12 or equivalent from the Registrar of Companies giving the details of the name of
Shareholder/Director, Nationality and shares held) for other companies that are shareholder or in the
ownership chain of the Applicant until all shares are attributed to individuals.
(Note: Government Agencies are exempted from this requirement)
3. Copy of the relevant documents as listed below where applicable:
• 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; 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; or
4. Certificate/letter from Capital Markets Authority (CMA), if the company is listed in a stock exchange in
Kenya.
5. For any foreign company applicant or holding shares in the applicant or in the ownership chain of the
applicant.
5.1 Notarized Copy of Certificate of Incorporation

Application Form for Subscription Broadcasting Service Licence

5.2 Notarized Copy of Shareholders Register or equivalent of a foreign company listing the directors and
shareholders of the company and details of their nationality and shareholding.
6. Kenyan National Identity Cards (ID) or valid Kenyan/Foreign 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: Government Agencies are exempted from this requirement)
7. Valid Tax Compliance Certificate from Kenya Revenue Authority.

SECTION C: APPLICATION AND LICENCE FEE:

The table below shows fees payable for the respective licences:
Broadcast Licence Category Licence Application Initial Licence Annual Operating
Duration Fee (KShs.) Fee (KShs.) Fee (KShs.)
(Years) (payable when (payable after (payable on/or before
submitting approval and 1st July of each year)
application before issuance
form) of licence)
Subscription Broadcasting 10 5,000.00 100,000.00 0.4% of annual
Service turnover or
80,000.00 whichever
is higher

Note 1: Note that entities wishing to be considered for a broadcasting service licence must have at least
30% substantive Kenyan ownership.

Application Form for Subscription Broadcasting Service Licence

2. APPLICATION ACCEPTANCE SECTION – CHECK FOR OFFICIAL USE ONLY
No Application Requirements Receiving Checking
Officer Officer
1. Duly signed Cover letter on applicant’s letterhead
2. Duly completed application form
3. Declaration by the applicant with name, designation, signature and date
4. Duly executed affidavit submitting copies of the documents (no erasures)
5. Business plan for the licence applied for enclosed
6. Application fees paid
Submit all documents using a sworn affidavit while all foreign documents must be notarized.
No Application Requirements Receiving Checking
Officer Officer
Registration Details of Applicant
7. Copy of Certificate of Incorporation/Registration Certificates or equivalent and
similar documents for other shareholder companies where there is chain ownership
in the applicant.
Where the Applicant is a Government Agency/body, a copy of the Act, Gazette
Notice or other relevant legal Instrument creating the Agency.
Ownership Details of Applicant
8. i) Copy of the current CR/12 or equivalent issued within the last 2 months
indicating names of shareholders, their addresses, their nationalities,
shares held by each, names of directors and whether directors are
nominees or not or whether non shareholder directors.
ii) Copy of the current CR/12 or equivalent, issued within the last 2 months
for other shareholder companies, where there is chain ownership of the
applicant, indicating all the details as above, until all shares are attributed to
individuals.
iii) For Societies, a copy of the minutes of the last AGM or document
indicating the officials
Identification Documents of owners/Directors (Individuals and Companies)
9. i) Clear Copies of ID for directors and shareholders or notarized copies of
passports in case of foreigners.
ii) In case of government officials, submit a gazette notice appointing the
officer.
iii) Copy of Certificate from the Capital Markets Authority (CMA) (or its
equivalent for foreign companies) in case of listed companies.
Other Requirements
10. A copy of the relevant document as listed below to be provided:
Society By-Laws or Constitution, (immediately prior to submission of Application)
and Membership Agreement Terms and Conditions for Societies
Partnership Deed for Partnerships
11. Copy of Valid Tax Compliance Certificate of the Applicant (Not of the
owners/Directors)
Receiving and Checking Officers MUST confirm submission of all requirements by checking against each
requirement before accepting and logging an application
Receiving Officer Checking Officer

Comments: ……………….…………………… Comments: …………….………………….

Name: …………………….…………………… Name: ……………………….…………….

Signature: …………………Date: ……………. Signature: ……………Date: …………….

Application Form for Subscription Broadcasting Service Licence

3. NAME OF APPLICANT
(In bold capital letters in the order the names appear on Registration Certificate etc)

M/S__________________________________________________________________________

Explain the literal meaning of the name……………………………………………………………………..

4. APPLICANT’S CONTACTS

1. Physical Address:
Town Street/Road

LR No. Floor Room

Name of Building

2. Postal Address:
P. O. Box Postal Code

Post Office Town

3. Phone and Fax Contact:

Tel. No. Fax. No.

Mobile Other Tel. Nos.

4. Email Address:

5. OTHER INFORMATION ABOUT THE APPLICANT

5.1 State 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.
…………………………………………………………………………………………

5.2 Has any previous application by you been rejected under the Act? (If so give details)
…………………………………………………………………………………………

…………………………………………………………………………………………

5.3 Has any previous license granted to you under the Act been cancelled, suspended or modified? (If so give
details)
…………………………………………………………………………………………

…………………………………………………………………………………………

5.4 Have you or any of the directors or shareholders adjudged bankrupt or has entered into a composition or
scheme of arrangement with his creditors or is of unsound mind, if so please explain.

Application Form for Subscription Broadcasting Service Licence

 ......................................................................................................................................................................

......................................................................................................................................................................

6. LICENCE DETAILS

Please identify the commercial free to air broadcasting service being applied for:
Terrestrial Subscription (Pay Licence
6.1. Tick the category of the broadcasting Cable Subscription (Pay) Licence
service you wish to provide (tick only Satellite Subscription (Pay) Licence
one). Internet Protocol Broadcasting Licence
6.2. Indicate the proposed service Terrestrial Subscription (Pay Licence
identity(ies) as applicable Cable Subscription (Pay) Licence
Satellite Subscription (Pay) Licence
Internet Protocol Broadcasting Licence
6.3. Explain the literal meaning of the
name (service identity)

6.4. Provide the name of the area you wish

to provide the broadcasting service.

6.5. Attach the rollout plan for the area you

are applying this service for.

7. REFEREES (referees should not be employees of the applicant entity, Ministry of Information &
Communications or the Authority)

The following details should be completed by two different and independent referees who have known you for at
least three (3) years.

7.1. First Referee

I certify that the information given in this form is true and correct to the best of my knowledge

Full Name

(Block letters as the names appear on the ID/Passport)

Postal Address:
P. O. Box Postal Code

Post Office Town

Phone and Fax Contact:

Tel. No. Fax. No.

Application Form for Subscription Broadcasting Service Licence

 Mobile Other Tel. Nos.

Email Address:

Occupation Signature

7.2. Second Referee

I certify that the information given in this form is true and correct to the best of my knowledge

Full Name
(Block letters as the names appear on the ID/Passport)

Postal Address:
P. O. Box Postal Code

Post Office Town

Phone and Fax Contact:

Tel. No. Fax. No.

Mobile Other Tel. Nos.

Email Address:

Occupation Signature

8. DECLARATION

I/We hereby certify the information we have provided in this application is true and correct to the best of my/ our
knowledge. I/We also understand that it is an offence under the Penal Code to give false information in support of
any application.

Name………………………………………………………………………………………

Designation…………………………………………………………………………………
(the signatory should be accountable and a senior person in the organisation)

Signature……………………………………………………………………………………

Date…………………………………Company Stamp…………………………………….

9. COMPLETED APPLICATION FORMS SHOULD BE ADDRESSED TO: -

Director General
Communications Authority of Kenya
CA Centre, Waiyaki Way
P. O. Box 14448
NAIROBI - 00800
Tel: 254-20- 4242000

Application Form for Subscription Broadcasting Service Licence

 Fax: 254-20- 4451866.

10. FOR OFFICIAL USE ONLY

BPC COMMENTS

Not Recommended Recommended

Applicant to do the following: for:

Name:
Designation
Signature:
Date:

Name:
Signature:
Date:
Official Stamp

Deferments:
CLC# Reason for deferment Name & Signature

Application Form for Subscription Broadcasting Service Licence

 CLC COMMENTS

Name of Applicant……………………………………………………………………………..

The applicant MEETS/ DOES NOT MEET the Authority’s requirements and is hereby
RECOMMENDED/NOT RECOMMENDED for Licensing/Renewal

………………………………………………………………………………………………………
……………………………………………………………………………
Subject To: …………………………………………………………………………………
…………………………………………………………………………………………

The reasons for not recommending the applicant are as follows: -

……………………………………..……………………………………………………
Name:…………………………………………………………...……………………….
Designation………………………………. Signature………………………………
CLC No.…………………………………… Date……………………..………….……

Application Form for Subscription Broadcasting Service Licence

ANNEX 1: TEMPLATE OF AFFIDAVIT TO BE SUBMITTED

REPUBLIC OF KENYA

IN THE MATTER OF OATHS AND STATUTORY DECLARATIONS ACT CHAPTER 15, LAWS OF
KENYA

AND

IN THE MATTER OF AN APPLICATION FOR LICENSE FROM THE COMMUNICATIONS

AUTHORITY OF KENYA

AFFIDAVIT

I, __________________________________________________ of Post Office Box Number

____________ (Town)___________(Postcode)do hereby make oath and state as follows:

1. THAT I am an adult of sound mind and ___________________

(position/ status in the applicant entity) of ___________________________ (name of the applicant) and hence
competent to swear this Affidavit.

2. THAT I am a citizen of the _______________________________ and holder of

National Identity Card No. (or Passport No.) _____________ .

3. THAT ___________________________ (name of the applicant) has resolved to make an application to the
Authority for a ________________________________ (name of the licence in accordance with the
Broadcasting Market Structure) licence.

4. THAT I have submitted the following copies of our documents in support of the said application:[tick
documents for which copies have been provided]

4.1. Registration and ownership status:

4.1.1. For an applicant registered under the Companies Act (Cap 486):

4.1.1.1. Copy of Certificate of Incorporation

4.1.1.2. An original letter from the Registrar of Companies listing the directors and
shareholders of the company and details of their shareholding – Original Form
CR/12

4.1.1.3. Attach copy of original CR/12 for other companieswhich are shareholder of the
Applicantuntil all shares are attributed to individuals.

4.1.2. Copy of Business Name, or

Application Form for Subscription Broadcasting Service Licence

 4.1.3. Copy of Registration Certificate etc.

4.1.4. If the company is listed in a stock exchange in Kenya, copy of Certificate from
Capital Markets Authority (CMA).

4.1.5. For any foreign company which is a shareholder of the Applicant attach copies
certified by a Notary Public of:

4.1.5.1. Certificate of Incorporation of the foreign company/iesand

4.1.5.2. ShareholderRegister of the foreign company/ies.

4.1.6. Copies of Kenyan National Identity Cards (ID) or Kenyan/Foreign passports for all
Directors and Shareholders of the Applicant:

4.1.6.1. Both sides of the ID should be copied onto the same side of an A4 size paper,
and

4.1.6.2. Passport copies should include pages showing the nationality, date of issue and
expiry, name and photograph of holder.

4.2. Compliance with Kenya Revenue Authority rules:

4.2.1. Copy of Valid Tax Compliance Certificate.

4.3. A business plan relevant to the specific broadcasting market segment whose licence is
being sought

4.4. A copy of one of the document listed below:

APPLYING ENTITY REQUISITE CONSTITUTING

DOCUMENT
1. Non-Governmental Constitution of the NGO
Organization (NGOs)

2. Cooperative Society Cooperative Society’s By-Laws

3. Partnership Partnership Deed

4. Society Society’s Constitution

4.5. Other documents (please list )

............................................................................................................................

5. THAT I swear that the documents listed in 4 above are authentic copies of the original documents issued by
the relevant authorities to the applicant.

Application Form for Subscription Broadcasting Service Licence

6. THAT this Affidavit is sworn in support of ________________ (Applicant’s name) application for
________________license.

7. THAT what is deponed to herein above is true and within my own knowledge.

SWORN at _________________by the said )

)
______________________________________ ) _______________________
) (Deponent)
This __________day of ________ in the year_______ )
)

BEFORE ME )
)
COMMISSIONER FOR OATHS

Drawn by:

_______________________________________ (law firm)

______________________________________(physical address)

P. O. Box ____________________

_____________________________ (town)

________________________________ (postal code)

Application Form for Subscription Broadcasting Service Licence

ANNEX 2: BUSINESS PLAN GUIDELINE
Please provide separately a Business Plan ensuring that the following details are included in the
sequence provided below. The applicants have to be provided separate for each license applied for. Any
additional information is encouraged.

1. Executive Summary
Briefly describe your organization and the business concept, including summary of services to be
provided

2. Technical Information
Provide the proposed system configuration with block diagrams, indicating the relationship
between the proposed systems/business to existing service/infrastructure providers and customers being
served, proposed technology interface with other licensees, network and terminal equipment and/or
customer premise equipment (CPE) and the standards they conform to etc.

In addition, kindly provide the technical information listed in the table under Annex 2A; Satellite
subscription service providers will additionally be required to provide information under Annex 2B.

3. Programming Information
Provide details of your programming, giving information on composition of your various program
channels in your bouquet, minimum number of channels in a bouquet, type of parental control mechanism
you will employ, the number of local channels you will provide (if any) in your bouquet, whether free to
view channels shall be available and what conditions shall be necessary for their access

4. Market Information
4.1. Indicate envisioned rollout plan for the first three years:

Year Number of Subscribers/Users/Scope of Coverage

Year 1
Year 2
Year 3

4.2. Provide a description of each proposed service and how the service is to be accessed by the public.
4.3. Demonstrate knowledge of the market segment by discussing the competition issues- what products and
companies are likely to compete on the provision of the same or similar products/services.

5. Billing Information
5.1. Describe the billing system you intend to deploy (and where applicable details of the
software/hardware)
5.2. Describe how customers will be billed indicating whether billing shall be per unit or timed (second,
minute etc) and if the bills shall be itemised or if billing shall be in volumes
5.3. Provide information on the proposed tariff for each service (in Kenya Shillings only).

6. Revenue Stream
Provide the anticipated revenue stream from advertising, sponsorships, subscriptions and other sources
describing how in the provision of the proposed services the business will generate income to sustain its
operations, improve the services and, where applicable, a payback to its owners.

7. Financial Information
Based on the revenue streams highlighted in 4 (above) provide at least three-year financial projections
including Income statements, Balance sheet and Cash Flow statement projections as per International
Accounting Standards (IAS).

Application Form for Subscription Broadcasting Service Licence

Highlight specifically:
(a) Costs for capital investment (equipment, building, offices, vehicles etc);
(b) Recurring costs (staff salaries, royalties, rent energy communications etc);
(c) Financial investments from the applicant(s);
Please provide the financial estimates in Kenya Shillings (Kshs) ONLY.

8. Quality of Service Assurance

Describe how you will ensure provision of quality services and how quality services will be
maintained in provision of the licensed services.

Annex 2A: Technical information for Cable, Terrestrial, Satellite and Internet Protocol Broadcasting

A. Technical Information

1. Indicate the location of the broadcasting facility Head-end equipment

List the details of the proposed central receiving equipment (TVROs, Head-end equipment, etc),indicating
the Type, Quantity, Manufacturer
2.
List the details of the proposed distribution equipment (cable, amplifier, etc), indicating the Type,
3. Quantity, Manufacturer

List the details of the proposed subscriber receiving equipment (set top box, distribution cables,
4. distribution decoders, etc, indicating the Type, Quantity, Manufacturer

List the details of the proposed standby power equipment (capable of atleast 5 hours continuous power
5. supply), indicating the Type, Quantity, Manufacturer

List the details of the proposed test equipment ( Signal level measuring device, leakage detector, Cable TV
Analyser, Remote line Monitoring and Network management, Frequency Counter, Waveform monitor),
indicating the Type, Quantity, Manufacturer

Note:Its mandatory for Cable TV Providers to own the above measuring equipment or atleast have a
contractual agreement to access them.In the case of the later, a copy of the contractual agreement should be
availed)
6.

7. Indicate the type of signal encryption to be used

8. Type of conditional access media to be used (smart card, etc)

9. Description of proposed billing system and how accuracy of subscriber billing shall be ensured

10. Location of studio facility

11. Type of studio equipment to be used for the broadcasting service

12. Proposed type of studio to head-end to be used for the service, if any

13. If satellite, name the provider, the satellite name and the transponder being used

14. Proposed maximum number of hours of operation

15. Proposed date of commencement of the subscription broadcasting service

16. Proposed broadcasting service identity

Application Form for Subscription Broadcasting Service Licence

 B. SUBSCRIPTION MANAGEMENT SERVICE PROVIDER

1. Provide details of the Subscription Management Services Provider

Describe the scope of services to be provided by your Subscription Management Services Provider
2.

Annex 2B: Satellite subscription

A. Technical Information

1. Physical location of uplink ground station: Geographical coordinates, Town, Street, Road, LR No.

2. Antenna geographical coordinates:

3. Minimum Antenna Size/Diameters (in Meters)

4. Shape and surface area of antenna

Capacity of the uplink station: Carrier transmit (uplink) frequency (spot frequency or preferred frequency
5. band), Bit rate (kb/s), Radio frequency bandwidth of uplink beam (MHz)

6. Altitude above sea level

7. Isotropic gain of Antenna (dBi)

8. Beanwidth between half power points (degrees)

9. Planned range of operating angles (degrees)

10. Beam Polarisation type:

11. Direction/plane of polarisation

12. EIRP (dBW)

13. Proposed Number of channels being uplinked from the site

On separate sheets, provide information on modulation characteristics for each carrier, including
information on frequency deviation for the reference signal, pre-emphasis characteristics and
14. characteristics of video signal multiplexed with sound signal

15. Attach related diagrams (network, site maps, etc)

16. Regular hours of operation (UTC) per day/week/month/year

Describe on separate sheet the system set-up, configuration and other related details including diagrams of
17. set-up, ground terminal terminal equipment, content source and related systems

B. SPACE SEGMENT OF DIRECT SATELLITE BROADCASTING PLATFORM (DOWNLINK)

1. Name of the proposed satellite to be used for the service

2. Full Name, Postal address, Telephone contacts, Contact email address of the Satellite Operators:

3. Geostaitionary Orbital location

Application Form for Subscription Broadcasting Service Licence

4. Downlink Beam (footprint) name by geographic location

5. Identity of the satellite

6. Frequency band of operation

7. Transponder Centre Frequencies

8.
Name, Postal address, Telephone contacts, Contact email address of any international party with which the
use of frequency(ies) has been coordinated
9. Number of TV channels in each transponder
Details of the downlink beam:data rate, FEC, Modulation,bandwidth and specific frequency range for each
10. TV channel
Satellite transmit Max. & Min. EIRP over Kenya in dBW: (enclose Satellite transmit antenna/eirp gain
11. contours over Kenya). Is the signal already receiveable in Kenya? [YES/NO]

12. Polarisation type

Attach lease agreement (if any) and footprint maps of the satellite on which transponders are proposed to
13. be hired
On urgent matters regarding frequency interference, quality of transmission, or out-of-band or spurious
14. emission and technical operations matters, give contacts of the liaision officer

ANNEX 3: LICENSE CATEGORIES AND ENTITIES THAT CAN OR CANNOT APPLY

Entities that can apply for; Limited Business Cooperative Society

Company Names Societies Organizations

Subscription Broadcasting Service

√ × × ×
Licence

Key: √ - Can Apply × - Cannot Apply

ANNEX 4: INFORMATION ON THE LICENSING PROCEDURE

1. Submission and Receipt of Licence Application

Submission of an application may be done through the postal system or in person at our office. We
encourage you to present you application in person where our receiving officer will check the documents
and advice you on any shortcoming.
Once the receiving officer has confirmed that all documentations are in order, you will be requested to
pay the application fees. Please retain your original payment receipt.

2. Consideration and approval of application by the Authority

An application, which meets all the licensing requirements, will be processed within 135 days from the
date when all the requirements have been met.
The Authority considers applications on a first-come-first-served basis. Although your application will
undergo several internal processes, you will be informed in writing and advised on the way forward in the
event that the application is not successful at any stage.

Application Form for Subscription Broadcasting Service Licence

 3. Letter of licence offer
If the application is approved, you will be informed in writing (letter of offer) and may also be contacted
via phone/email.
The letter of offer is valid for a period of 1 month from the date it is granted and states the initial and
annual operating licence fees to be paid before a licence is issued. Please note that the upfront annual
operating fees in the offer letter is prorated based on the date of the Offer letter.

4. Operational period
Once you have paid the fees required in the Offer letter, you will be issued with a licence. You will then be
required to put the licence into operation within period stipulated in the specific licence.

5. Resources for rolling out the licensed systems or services

After you are issued with a licence, you will be required to apply for type approval of your equipment/s as
applicable and utilize resources related to the rollout of your licence as required in the licence.

THE AUTHORITY DOES NOT GUARANTEE AVAILABILITY OF TYPE APPROVAL OF

EQUIPMENT

Application Form for Subscription Broadcasting Service Licence