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

Chapter 9 : Broadcasting Services

62. Broadcasting signal distribution objectives

 

(1) Where an electronic communications network service licensee provides broadcasting signal distribution or multi-channel distribution services, such provider must, subject to the general terms and conditions of its licence as determined by the Authority—
(a) give priority to the carriage of South African broadcasting channels, which includes local programming where the Authority considers it appropriate;
(b) provide universal access for all South Africans to broadcasting services;
(c) provide a diversity of type of broadcasting services;
(d) be open, interoperable and harmonised with the Southern African region, and be able to meet international distribution standards.

 

(2) An electronic communications network service licensee that provides broadcasting signal distribution or multi-channel distribution services must—
(a) comply with the provisions of this Act and the frequency plan of the Authority;
(b) provide broadcasting signal distribution only to a broadcasting service provided under an appropriate and valid broadcasting licence; and
(c) take due cognisance of the environmental impact of his or her operational activities and comply with all applicable laws relating to the protection of the environment.

 

(3) A common carrier must—
(a) subject to its technological capacity to do so and to the provisions of paragraph (b), provide broadcasting signal distribution to broadcasting licensees upon their request and in accordance with the national radio frequency plan contemplated in section 34, on an equitable, reasonable, non-preferential and non-discriminatory basis;
(b) in determining its tariffs, duly take into account the following:
(i) the different categories of broadcasting service licences referred to in sections 49, 50 and 51; and
(ii) the nature and technical parameters of the service provided to each broadcasting licensee with a view to ensuring that the different tariffs are appropriate to and commensurate with the various broadcasting services to which they relate;
(c) carry public broadcasting services, including educational, commercial and community services and shall be deemed an electronic communications network service licence that provides signal distribution for public broad-casting services.

[Section 62(3) substituted by section 26 of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]