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

Regulations

Digital Migration Regulations, 2012

7. Authorisation for the SABC to Broadcast a digital incentive channel in Multiplex 1

 

(1) An application by the SABC for authorisation to broadcast a digital incentive channel shall be subject to an assessment by the Authority on the extent to which it meets the following criteria:—
(a) supporting citizenship, consumer protection and civil society;
(b) providing fair and impartial news and current affairs coverage;
(c) promoting education and learning;
(d) stimulating creativity and cultural excellence;
(e) representing the Republic in all its diversity; and
(f) satisfying the requirements of section 10 of the Broadcasting Act.

 

(2) An application by the SABC for authorisation to broadcast a digital incentive channel that is a public service channel and that will fall under the public service division, must include—
(a) the name of the proposed channel;
(b) the primary language(s) of the proposed channel;
(c) a programming plan, including details of local content to be broadcast;
(d) information on the extent to which the addition of the proposed digital incentive channel to the SABC’s broadcasting service will contribute to the achievement of the public service requirements to be met by the SABC in terms of the Charter; and
(e) relevant information for the purposes of the public value assessment.

 

(3) Any application by the SABC for authorisation to broadcast a digital incentive channel that is a commercial service channel and that will fall under the commercial service division must include the information stipulated in regulation 8(1).

 

(4) An application submitted in terms of this regulation 7 that does not contain the information required to be included in terms of these Regulations will not be considered by the Authority.

 

(5) In evaluating an application in terms of this regulation 7, the Authority will consider—
(a) whether the public value assessment is met; and
(b) in the case of an application to broadcast a digital incentive channel that is a commercial service channel, the extent to which the commercial service requirements to be met by the SABC in terms of the Charter will be met and the objects set out in section 2 of the Act will be achieved, if the application is granted.