How Man Stole Airport Frequency To Run Radio Station

A prosecution witness appearing before a Kisumu Court testified how a man accused of establishing an unlicensed radio station used a frequency falling within Kenya's available aeronautical service frequencies.

The accused, Austin John, used the aeronautical frequency to set up Max FM which was operational until it was closed down by the Communications Authority of Kenya (CA), and Austin was arrested as a result.

The witness, an engineer responsible for managing frequency allocation at the CA, told the Kisumu Magistrate that the accused had sought an application for a frequency from the Authority.

However, the application was rejected as there was no available frequency in the Kisumu area at the time of his request.

Austin John before Kisumu Magistrates Court where he was charged with four counts of establishing and running a radio station without a valid license, July 4, 2023. /ODPP

How Broadcasting Frequencies Are Allocated In Kenya

As the engineer revealed, all broadcasting frequencies in Kenya are legally allowed to operate within a bandwidth of 87.0 MHz to 108.0 MHz.

Meanwhile, those for aviation services are restricted to operating within a spectrum of 108.0 MHz to 137.0 MHz.

Despite Austin's initial denial of a frequency allocation so that he could be allowed to operate his radio station, he resorted to using aviation frequencies, whose practice was not allowed, leading to disruptions at Kisumu International Airport.

This is because it can potentially interfere with the aeronautical frequency that aids communication between pilots and the control tower, thus putting passengers and other airspace users' lives in danger.

Throughout the hearing, it was however undetermined whether the illegal use of aeronautic frequencies had triggered any accidents at the busy international airport.

The Office of the Director of Public Prosecutions (ODPP) stated that the hearing continues on October 24, 2023.

Austin was arraigned before the Kisumu Magistrates Court on July 4, 2023, where he was charged with four counts of establishing a radio station without a valid licence, providing radio broadcasting services without a valid licence and two other counts.

Appearing before Justice Joan Wambilianga, John pleaded not guilty to all four charges and was released on a bond of Ksh100,000.

ODPP's statement on Austin's ordeal on July 4 was however not taken kindly by Kenyans who criticised authorities for arresting the man instead of helping him secure a job in the media or to support his craft.

Licencing For Radio Stations

Licencing for the establishment and operation of a radio station is done by CA, with licences provided for three categories of radio broadcasting which are Public Broadcasting, Commercial/Private broadcasting service and Community Broadcasting services.

Public broadcasting licence is only given to Kenya Broadcasting Corporation (KBC), the national broadcaster. Community Broadcasting Services licencing is however given to individuals or groups that want to run a community radio.