Supreme Court Act, 1959
R 385
Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsDigital Migration Regulations, 201212. Transitional provisions |
| (1) | The Authority will amend, in accordance with section 10(1)(d) of the Act and the procedures contained in the Process and Procedures Regulations each of the broadcasting service licences (collectively referred to as "terrestrial television broadcasting service licences" for the purposes of this regulation 12) held by the terrestrial television broadcasting service licensees as at the commencement of these Regulations to reflect the fact that multi-channel services will be made available by those licensees using DTT. |
| (2) | Until such time as the terrestrial television broadcasting service licences have been amended as contemplated in subregulation (1), each of the terrestrial television broadcasting service licensees is considered to be authorised to provide a multichannel broadcasting service as provided for in these Regulations and the terrestrial television broadcasting service licences are deemed to confer such authorisation. |
| (3) | The Authority will amend, in accordance with section 31(4)(c) of the Act, each of the radio frequency spectrum licences (collectively referred to as "existing radio frequency spectrum licences" for the purposes of this regulation 12) held by the terrestrial television broadcasting service licensees as at the commencement of these Regulations to reflect the radio frequency spectrum which they are authorised to use for the purposes of DTT in accordance with these Regulations. |
| (4) | Until such time as the existing radio frequency spectrum licences have been amended as contemplated in sub-regulation (3), each of the terrestrial television broadcasting service licensees is considered to be authorised to utilise the radio frequencies included in Multiplex 1 or Multiplex 2, as the case may be, in accordance with these Regulations, and the existing radio frequency spectrum licences are deemed to confer such authorisation. |
| (5) | For the purpose of these Regulations it is deemed that an electronic communications network service licensee which is appointed by a terrestrial television broadcasting service licensee in terms of regulation 9 to provide signal distribution services provides those services as an agent of the terrestrial television broadcasting service licensee and therefore will be deemed to be in compliance with section 31 of the Act. |
| (6) | At the end of the dual illumination period, the broadcasting service licences and radio frequency spectrum licences held by each of the terrestrial television broadcasting service licensees at that time, will be amended in terms of the relevant provisions of the Act and the Process and Procedures Regulations to reflect the fact that those terrestrial television broadcasting service licensees have ceased analogue broadcasting and are no longer authorised to utilise the radio frequency spectrum which was previously assigned to them for analogue broadcasting purposes. |
| (7) | Each of the terrestrial television broadcasting service licensees must comply with the ICASA South African Television Content Regulations published under General Notice 154 in Government Gazette 28454 of 31 January 2006, until such time as those Regulations are amended or repealed, for each channel it broadcasts: provided that those channels which by the nature of the programming provided, including channels which consist exclusively of sport or education programming, cannot comply with the ICASA South African Television Content Regulations, may be exempted by the Authority from this requirement, upon written application by the terrestrial television broadcasting service licensee. |
