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Electronic Communications Act, 2005 (Act No. 36 of 2005)

Chapter 9 : Broadcasting Services

51. Commercial broadcasting service licences

 

In considering the grant of a new commercial broadcasting service licence the Authority must, with due regard to the objects and principles enunciated in section 2, among others take into account the following:

(a) The demand for the proposed broadcasting service within the proposed licence area;
(b) The need for the proposed broadcasting service within such licence area, having regard to the broadcasting services already existing in that area;
(c) The expected technical quality of the proposed broadcasting service, having regard to developments in broadcasting technology;
(d) The capability, expertise and experience of the applicant;
(e) The financial means and business record of the applicant;
(f) The business record of persons in a position to control the operations of the licensee, either in an individual capacity or directly or indirectly in relation to management or corporate structure;
(g) The applicant’s record and the record of those persons referred to in paragraph (f), in relation to situations requiring trust and candour;
(h) Whether the applicant is precluded, in terms of section 64 from holding a broadcasting service licence; and
(i) Whether either the applicant or persons referred to paragraph (f) have been convicted of an offence in terms of this Act or the related legislation.