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

Regulations

Digital Migration Regulations, 2012

6. Digital incentive channel authorisation procedure

 

(1) A terrestrial television broadcasting service licensee, other than a terrestrial television broadcasting service licensee which provides a community broadcasting service, may make application, in writing, to the Authority for authorisation to broadcast a digital incentive channel(s).

 

(2) An application in terms of subregulation (1) may be submitted to the Authority prior to the commencement of the dual illumination period or during the dual illumination period.

 

(3) The Authority may invite public comments and conduct a public hearing in relation to an application to authorise a digital incentive channel where it considers it necessary in the interests of public fairness to do so.

 

(4) A terrestrial television broadcasting service licensee may not broadcast a digital incentive channel except where the Authority has given its prior written authorisation for the channel.

 

(5) Within sixty (60) days of receipt of an application made in terms of subregulation (1), the Authority shall issue a certificate authorising or refusing to authorise the channel, unless the Authority has elected to hold a public hearing in terms of subregulation 6(3).

 

(6) If on the expiry of the sixty (60) day period contemplated in subregulation (5), the Authority has not issued such a certificate or indicated its intention to hold a public hearing, the digital incentive channel shall be regarded as having been authorised.

 

(7) If the Authority refuses to authorise a digital incentive channel, the Authority shall give written reasons to the applicant in respect of its refusal within thirty (30) days of the issuing of the certificate.