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

Notices

Policy Direction on the Introduction of Digital Sound Broadcasting in South Africa

Preamble

 

RECOGNISING the Government Gazette No. 39226, Notice No. 918, published on 22 September 2015, whereby the Authority issued a moratorium on licensing, as a consequence of scarcity of the Radio Frequency Spectrum in relation to applications for Terrestrial Class Community Broadcasting Services Licences.

 

ACKNOWLEDGING section 3(2) of the Electronic Communications Act, 2005 (Act No. 36 of 2005) ("the Act") which provides that the Minister may issue policy directions to the Authority consistent with the objects of the Act and of the related legislation in relation to the determination of priorities for the development of electronic communications networks and electronic communications services;

 

RECOGNISING the decision made by the Southern African Development Community (SADC) on the harmonization of broadcasting technologies and networks to maximize on economies of scale within the Region;

 

ACKNOWLEDGING that the licensing approach in VHF Band III can be commenced as soon as possible as there is already an ITU co-ordinated DSB radio frequency allocation of 16 MHz (214-230 MHz) incorporated in the radio frequency plan, as may be amended from time to time;

 

CONSIDERING the regulations governing the usage of radio frequency spectrum in the Square Kilometre Array within the Northern Cape Province in line with the Astronomy Geographic Advantage Act, 2007 (Act No. 21 of 2007);

 

TAKING into consideration the provisions of the Broadcasting Act, the Act, ITU Radio Regulations of 2016, South African Band Plan, the SADC band plans and the Broadcasting Digital Migration Policy as they intend to achieve the following objectives:

 

• provide a licensing framework for broadcasting service licensees, signal distributors, electronic communications network service licensees, and new entrants taking into consideration the three-tier system of public, commercial and community broadcasting services;

 

• provide a framework for managing and monitoring the implementation of DSB services in South Africa;

 

• ensure optimum allocation and assignment of radio frequency spectrum in support of growth and development of the broadcasting sector;

 

• ensure efficient and effective use of the broadcasting radio frequency spectrum;

 

• stimulate, where economically feasible, the South African industry in the manufacturing of DSB receivers and ancillary gadgets; and

 

• encourage investment in the broadcasting sector;

 

DESIROUS to enable broadcasters to remain relevant, current and empowered to compete in an all-IP services and network converged environment; to provide certainty within the broadcasting sector; to ensure that there is spectrum efficiency, quality, and affordability for content developers to develop more much needed content within South Africa; and to attain the goals for universal service and access to all;

 

NOW, THEREFORE the Minister issues this policy direction to the Authority to determine priorities for the introduction of Digital Sound Broadcasting networks and services in South Africa.