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

Regulations

Digital Sound Broadcasting Services Regulations, 2021

Annexure

Reasons Document for the Digital Sound Broadcasting Services Regulations: March 2021

 

[Reasons Document for Digital Sound Broadcasting Services can be found in Notice No. 215, GG44469, dated 23 April 2021]

 

Annexure A: Consideration of Policy Direction on the introduction of DSB in South Africa

 

POLICY DIRECTION ON THE INTRODUCTION OF DSB IN SOUTH AFRICA

CONSIDERATION OF THE POLICY DIRECTION ON INTRODUCTION OF DSB IN SOUTH AFRICA
2.1.1 Determine priorities for the establishment of digital broadcasting networks and services in the frequency bands allocated for these services, to introduce DSB services alongside the existing analogue sound broadcasting, to achieve the following developmental goals:

 

2.1.1.1 universal services and access for all;
2.1.1.2 introduction of new entrants;
2.1.1.3 requirements of existing licensees;
2.1.1.4 requirements of consumers;
2.1.1.5 promotion of investment;
2.1.1.6 promotion of competition;
2.1.1.7 technology neutrality;
2.1.1.8 innovation;
2.1.1.9 sustainability framework;
2.1.1.10 maintain quality of service;
2.1.1.11 reducing costs; and
2.1.1.12 to increase the uptake and usage of digital radio.

The Authority is of the view that the developmental goals identified in 2.1.1, and the objects of the ECA are to be prioritised and has done so in the Draft DSB Regulations in the following manner:

 

2.1.1.1 regulation 4 of the Draft Regulations make provision for primary and secondary markets. Regulation 7 refers to the MUX allocation of the three tiers of broadcasting services which will allow for the provision of universal service access for all.
2.1.1.2 regulation 4(3) indicates that new players will be accommodated two years after the effective date of the DSB Regulations.
2.1.1.3 regulation 4 (2) of the Draft DSB Regulations allows the existing licensees to have a two year period of simulcasting before new entrants are allowed in the DSB market.
2.1.1.4 the consumers will be given a variety of options on sound broadcasting services once DSB is introduced through the Draft DSB Regulations. The continuation of analogue services as envisioned in regulation 4 of the Draft DSB Regulations will make it possible for consumers who may not have access to digital devices to continue receiving sound broadcasting services.
2.1.1.5 although the Draft DSB Regulations do not expressly state this, the Authority is of the view that the local manufacturing of DSB devices/receivers will promote investment.
2.1.1.6 regulation 4 allows for new entrants to enter the DSB market after a two-year moratorium and once the market is stable or sufficiently established for the introduction of new players in order to promote competition.
2.1.1.7 the Draft DSB Regulations introduce two new technologies (DAB+ and DRM+) that indicate that aligns technological neutrality as broadcasters will not be limited to one technology and this further meets the ECA objective of technological neutrality.
2.1.1.8 the introduction of DSB services through the Draft DSB Regulations and the implied devices/receivers that will need to be developed will encourage innovation in the sound broadcasting market.
2.1.1.9 the phased approach rollout of DSB services in regulation 4 (1) will allow the DSB services to be implemented in a sustainable manner.
2.1.1.10 the quality of service in DSB services will be maintained in line with existing broadcasting AM and FM services.
2.1.1.11 the competition created by introducing new players after two years as contemplated in regulation 4 (2) of the Draft DSB Regulations will play a role in reducing costs in terms of infrastructure sharing and prices of receivers. This will also include cost reduction in terms of signal distribution.
2.1.1.12 the variety of content provided through the introduction of DSB services will encourage listeners to use DSB services.

 
2.1.2 Ensure that the three-tier system of public, commercial and community broadcasting services are catered for.

 
2.1.2 The Authority is of the view that that DSB services should encompass the three tiers of broadcasting to ensure that all members of society are acted for and thus regulation 7 of the DSB Regulations speaks to all three tiers.

 
2.1.3 Consider the lessons learnt in the analogue-to-digital migration coverage challenges experienced by the various tiers of television broadcasting (public, commercial and community) within the existing two multiplexer Digital Terrestrial Television environment and consider the introduction of additional terrestrial multiplexers to ensure that different business operational models are catered for.

 
2.1.3 The Authority has considered various challenges experienced in the other tiers of television, which is reflected in regulation 7 of the Draft DSB Regulations dealing with DSB MUX allocation in line with the Terrestrial Broadcasting Frequency Plan 2013. The issue of adding an additional multiplexer is further being considered in a different process within the Authority to incorporate DRM into the National Radio Frequency Band Plan.

 
2.1.4 Take into consideration the developments around the introduction of DSB in Africa, the SADC region and around the world.

 
2.1.4 The Authority has undertaken various benchmarking exercises, desktop research, and study visits that informed the development of the DSB Draft Regulations. South Africa also participated in the African Telecommunications Union’s African Spectrum Working Group (“AfriSWoG”) meetings in the development of introducing DSB in Africa. AfriSWoG developed a Draft Report on the Introduction of Digital Sound Broadcasting and Optimization of the GE84 Plan in Africa.

 
2.1.5 Consider harmonisation within the SADC region and as such consider DSB standards adopted within the SADC community, in line with the resolution taken at the meeting of SADC Ministers responsible for Communications and ICT, held in Durban, South Africa on 4-7 September 2017.

 
2.1.5 The Authority notes that it has taken into account the Draft SADC DSB Policy and Regulatory Framework that was developed by CRASA. The Framework acknowledges that SADC Member States signed the GE84 and GE06 agreements, respectively, which stipulates the need to introduce DSB. The need for more efficient use of spectrum for broadcasting services and the need for broadcasters to expand their service portfolios to meet the public's need for access to information and conveyance of messages in emergency situations warrants the Members States to consider the implementation of DSB. The Framework, therefore, recommends a possible implementation framework with respect to the DSB in the Region, which is what the Draft DSB Regulations intend to achieve in South Africa.

 
2.1.6 Encourage market availability and use of multistandard  to allow for the continued use of analogue FM alongside the variants of the digital technologie s, DAB and DRM.
2.1.6 The Authority has ensured in regulation 6 of the Draft DSB Regulations that the new standards are complementary to the analogue FM receivers. The Authority is, however, of the view that the manufacturers are responsible for ensuring the availability and use of multistandard receivers.

 
2.1.7 Take into account the extensive trials undertaken by the South African broadcasting industry, as well as the SADC, adopted a position on digital sound technologies for the region, in line with the resolution taken at the meeting of SADC Ministers responsible for Communications and ICT in September 2017, and consider the following DSB standards to complement the respective analogue sound broadcasting services:

 

2.1.7.1 DRM30 to complement AM sound broadcasting service in the band 535.5- 1606.5 kHz;
2.1.7.2 DRM+ to complement FM sound broadcasting services in the FM band 87.5-108 MHz; and in the allocated VHF sound broadcasting band 214-230 MHz 2.1.7.3 DAB+ to complement VHF sound broadcasting services in the allocated VHF band 214-230 MHz;
2.1.7.4 All DAB and DRM variants of DSB standards to complement the existing analogue sound broadcasting in any other applicable sound broadcasting band within the confines of the prevailing radio frequency plan and consistent with ITU Radio Regulations for Region 1.

 

 
2.1.7 In its Findings and Position Paper document the Authority took into account the outcome of the trials conducted by the industry namely, the commercial broadcasting licensees (including the National Association of Broadcasters) and the DRM Consortium.

 

 

 

 

2.1.7.1 The Authority is in agreement with the technologies provided for by the Policy Direction except for clause 2.1.7.2, as DRM+ is not contemplated to operate in 214-230 MHz because 214-230 MHz is allocated to DAB+ due to the bandwidth allocated for 1.5 MHz and in terms of the ITU allocation.