[Rev. 2018] (b) (c) Kenya Information and Communications No. 2 of 1998 private broadcasting; community broadcasting. (2) Subject to the provisions of this Act, broadcasting service licences shall be categorized into the following classes— (a) free-to-air radio; (b) free-to-air television; (c) subscription radio; (d) subscription television; (e) subscription management; (f) any other class of licence as may be determined in accordance with the Regulations. [Act No. 1 of 2009, s. 16.] 46C. Requirement of a broadcasting licence (1) Subject to this Act, no person shall provide broadcasting services except in accordance with a licence issued under this Part. (2) Any person who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding three years, or to both. (3) A licence granted under this section may include conditions requiring the licensee to— (a) broadcast in such areas and within such geographical limits as the Commission may prescribe; (b) commit a minimum amount of time as may be prescribed, in its programme schedule to locally produced programmes, or, in the alternative, pay such amount of money as may be prescribed, into a Fund to assist the development of the Kenyan production industry; (c) pay such fees as the Commission may prescribe; and (d) fulfill such other conditions as the Commission may require. [Act No. 1 of 2009, s. 16.] 46D. Eligibility for licensing and considerations for grant of licence (1) A person shall not be eligible for the grant of a broadcasting licence if such person— (a) is a political party; (b) is adjudged bankrupt or has entered into a composition or scheme of arrangement with his creditors; (c) is of unsound mind; (d) a public officer or a state officer; (e) does not fulfill such other conditions as may be prescribed. (2) In considering applications for the grant of a broadcasting licence, the Commission shall have regard to— (a) observance at all times of public interest obligations in all broadcasting categories; (b) diversity and plurality of views for a competitive marketplace of ideas; 39