No. 2 of 1998 (c) (d) (e) (f) (g) (h) (i) Kenya Information and Communications [Rev. 2018] availability of radio frequency spectrum including the availability of such spectrum for future use; efficiency and economy in the provision of broadcasting services; demand for the proposed broadcasting service within the proposed broadcast area; expected technical quality of the proposed service, having regard to developments in broadcasting technology; suitability, capability, experience and expertise of the applicant in as far as carrying out such broadcast service is concerned; financial means and business record, if any, of the applicant; and any other relevant matter that the Commission may consider necessary. [Act No. 1 of 2009, s. 16, Act No. 41A of 2013, s. 15.] 46E. Public broadcasting services The Kenya Broadcasting Corporation established under section 3 of the Kenya Broadcasting Corporation Act (Cap. 221) is hereby designated as the public broadcaster and shall provide public broadcasting services. [Act No. 1 of 2009, s. 16.] 46F. Community broadcasting services (1) The Commission may, upon application in the prescribed manner and subject to such conditions as the Commission may deem necessary, grant a licence authorizing the provision of community broadcasting services. (2) The Commission in considering applications for grant of a licence under this section shall have regard— (a) to the community of interests of the persons applying for or on whose behalf the application is made; (b) as to whether the persons, or a significant proportion thereof constituting the community have consented to the application; (c) to the source of funding for the broadcasting service; (d) as to whether the broadcasting service to be established is not-forprofit; and (e) to the manner in which members of the community will participate in the selection and provision of programmes to be broadcast. (3) A licence granted under this section may contain conditions requiring the licensee to— (a) ensure that a cross section of the community is represented in the management of the broadcasting service; (b) ensure that each member of the community has a reasonable chance to serve in the management of the broadcasting service; (c) ensure that members of the community have a way of making their preferences known in the selection and provision of programmes; (d) conform to any conditions or guidelines as the Commission may require or issue with regard to such broadcasting service. [Act No. 1 of 2009, s. 16.] 40