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

Regulations

Promotion of Diversity and Competition on Digital Terrestrial Television Regulations, 2014

6. Digital Television Channel Authorisation Procedure

 

(1) A television broadcasting service licensee which has been assigned capacity on Multiplex 1 or Multiplex 3 shall make application, in writing, to the Authority for authorisation to broadcast a specific digital television channel on those multiplexes.

 

(2) The Authority may invite public comments and conduct a public hearing in relation to an application to authorise a digital television channel in terms of subregulation (1) where it considers it necessary in the interests of procedural fairness to do so.

 

(3) Subject to subregulation (5), a television broadcasting service licensee may not commence broadcasting a digital television channel except where the Authority has given its prior written authorisation for the channel.

 

(4) 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 (2).

 

(5) If on the expiry of the sixty (60) day period contemplated in subregulation (4), the Authority has not issued such a certificate or indicated its intention to hold a public hearing, the channel shall be regarded as having been authorised.

 

(6) If the Authority refuses to authorise a channel, the Authority shall give written reasons to the applicant in respect of its decision within thirty (30) days of the refusal to issue a certificate.

 

(7) An application in terms of subregulation (1) by a television broadcasting service licensee which provides a free-to-air broadcasting service for authorisation to broadcast a channel in Multiplex 3 must include—
(a) the name of the proposed channel;
(b) he primary language(s) of the channel;
(c) a programming plan, including local content, where applicable;
(d) the country where the channel was packaged;
(e) the full name of the channel supplier; and
(f) any other related information as may be required by the Authority.

 

(8) An application in terms of subregulation (1) by a television broadcasting service licensee which provides a subscription broadcasting service must include the information stipulated in the Subscription Broadcasting Regulations for channel approval applications.

 

(9) An application in terms of subregulation (1) that does not contain the information that is required to be included in terms of these Regulations may not be considered.