Sector 3. Broadcasting regulation is transparent and independent; the state broadcaster is transformed into a truly public broadcaster. 3.1 Broadcasting is regulated by an independent body adequately protected against interference, particularly of a political and economic nature. ANALYSIS: The Communication Commission of Kenya (CCK) is not independent. Its Board is appointed by the government. It is ineffective in ensuring level playing ground in frequency allocation and regulating broadcasting. CCK rules allow for regulation over competition. The Royal Media for example seems to enjoy an upper hand in overwhelming other broadcasting outlets by using the public funded Kenya Broadcasting corporation (KBC) communications infrastructure. SCORES: Individual scores: 2, 1, 2, 3, 2, 1, 2, 2 Average score: 1.0 (2005= 1.0) 3.2 The appointments procedure for members of the regulatory body is open and Transparent and involves civil society. ANALYSIS: The Communication Commission of Kenya (CCK) is wholly controlled by the government through the relevant minister who appoint its Board. The CCK Act does not provide for direct input of the civil society. SCORES: Individual scores: 1, 1,1,1,1,1,2,1 Average score: 1.1 3.3 The body regulates broadcasting in the public interest and ensures fairness and a diversity of views broadly representing society at large. 11 (2005=1.1)