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

Regulations

Digital Terrestrial Television (DTT) Regulations, 2009

6. Digital Incentive Channel Authorisation and Procedure

 

1) An existinq television broadcasting service licensee may not operate a digital incentive channel without prior written authorisation of the Authority.

 

MULTIPLEX 1

 

2) Authorisation of new public channels in terms of additional capacity allocated to the public broadcaster in Multiplex 1 will be subject to a Public Value Test in terms of section 10(1) of the Broadcasting Act, 1999 (Act No.4 of 1999) read together with section 2 of the ECA and will be subject to a public process.

 

3) In the event that the Authority elects to pursue a public process, the following steps may be applicable:
a) Publish a notice in the Gazette of the application for the channel authorisation;
b) Invite comments from interested persons in relation to the application within the period specified in the notice;
c) Afford an opportunity to the applicant to submit written responses to representations received in relation Conduct a public hearing in relation to the application.

 

4) Within one hundred and twenty (120) days of the publication of these regulations the SABC must apply for the authorisation of new channels taking into account the need to balance the ratio between public and public commercial channels.

 

5) The public broadcaster must include in all its applications for new public channel authorisation, a Market Impact Analysis (MIA), including the implication of the proposed channel on diversity of programming, other DTT services and subscription television services and failure to submit the required information may lead to the application not being considered.

 

6) The Authority will conclude the authorisation process within sixty (60) days of the filing of the request for public service channel authorisation failing which, the digital incentive channel will be considered to be authorised;

 

7) Public Commercial services of the public broadcaster are subject to the same authorisation requirements as those set out for commercial services in terms of regulation 8 of these regulations.

 

MULTIPLEX 2

 

8) The application for the authorisation to operate a digital incentive channel in Multiplex 2 must be accompanied by the following information: -
a) the name of the proposed channel;
b) market impact analysis, including the implication of the proposed channel on diversity of programming and other DTT services;
c) the primary language(s) of the channel;
d) proof of financial viability;
e) submission of a programming plan, including the provision of local content; and
f) submission of any other related information as may be required by the Authority.

 

9) Failure to submit the information required in terms of regulation 6(8) may lead to the application not being considered.

 

10) A decision on an application made in terms of these regulations will be communicated to an applicant within sixty (60) days of the submission of an application, failing which the digital incentive channel will be considered to be authorised.

 

11) Where the Authority refuses to authorise a channel, the Authority will give written reasons thereof to the applicant within Ninety (90) days after receiving the request for reasons.

 

12) Where a digital incentive channel is authorised in terms of these regulations, the licensee must commence broadcasting the channel within ninety (90) days after the issue of the certification for authorisation by the Authority unless the Authority grants, on good cause shown, an extended commencement period on written application prior to the expiry of the ninety (90) day period.

 

MULTIPLEX 3

 

13) The authorisation for subscription channels in multiplex 3 will in addition to the requirements in the Subscription Broadcasting Requlations, 2003, meet the same authorisation conditions as commercial channels In Multiplex 2.