Intellectual Property Rights from Publicly Financed Research and
R 385
Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsDigital Migration Regulations, 20129. Signal distribution of the DTT services broadcast in Multiplex 1 and Multiplex 2 |
| (1) | Signal distribution services shall be provided to each of the terrestrial television broadcasting service licensees for digital broadcasting in Multiplex 1 and Multiplex 2, as the case may be, by an electronic communications network service licensee or licensees appointed in terms of this regulation 9. |
| (2) | Each terrestrial television broadcasting service licensee must seek to conclude a commercial agreement with an electronic communications network service licensee to provide signal distribution services for digital broadcasting. |
| (3) | The agreement referred to in subregulation (2) shall be submitted to the Authority within three (3) months of the Minister’s publication of the date for the commencement of the dual illumination period, together with— |
| (a) | a roll-out plan in line with the coverage targets stated in regulation 10; |
| (b) | a technical plan consistent with the broadcast frequency plan; and |
| (c) | the tariff structure for the signal distribution services. |
| (4) | Where a terrestrial television broadcasting service licensee fails to comply with subregulation (3) or if the Authority is not satisfied that the electronic communications network service licensee selected by the terrestrial television broadcasting service licensee will achieve the roll-out targets provided for in regulation 10 the Authority shall issue an invitation to interested persons who hold individual licences to provide electronic communications network services to apply to provide signal distribution services to the terrestrial television broadcasting service licensee. |
| (5) | An application submitted in response to an invitation to apply referred to in subregulation (4) must include details of:— |
| (a) | the tariff framework to be applied; |
| (b) | a roll-out plan in line with the coverage targets stated in regulation 10; |
| (c) | a technical plan consistent with the broadcast frequency plan; and |
| (d) | the electronic communications network service licensee’s compliance with section 62 of the Act. |
| (6) | Where the Authority believes that it is necessary as a matter of procedural fairness, the Authority may take any or all of the following steps— |
| (a) | invite interested persons to submit written representations in relation to application(s) received from electronic communications network service licensees to provide signal distribution services to the terrestrial television broadcasting service licensee within the period specified by the Authority; |
| (b) | allow the applicant(s) an opportunity to submit written responses to representations received in relation to the application within the period specified by the Authority; and/or |
| (c) | conduct a public hearing in relation to the application. |
| (7) | The Authority may, after considering the application(s) submitted in response to an invitation to apply in terms of subregulation (4) and any written representations made in relation to an application, appoint an electronic communications network service licensee to provide signal distribution services to the terrestrial television broadcasting service licensee in question and shall stipulate the terms and conditions on which the electronic communications network service licensee is appointed, taking into account the requirements of section 62 of the Act. |
| (8) | Where an electronic communications network service licensee appointed in terms of this regulation 9 to provide signal distribution services receives any government subsidy intended to subsidise the signal distribution costs incurred by any terrestrial television broadcasting service licensee or licensees for digital broadcasting during the dual illumination period, that electronic communications network service licensee must reduce the tariffs charged to the terrestrial television broadcasting service licensee or licensees by the amount of the subsidy and must, in appropriate circumstances, provide such signal distribution services free of charge. |
| (9) | Where, pursuant to section 67 of the Act, the tariffs charged by an electronic communications network service licensee appointed in terms of this regulation 9 to provide signal distribution services are subject to regulation by the Authority, the tariffs charged by the electronic communications network service licensee shall be in accordance with such regulation and any agreement between the electronic communications network service licensee and the terrestrial television broadcasting service licensee shall be modified accordingly. |
| (10) | Where an existing broadcasting service licensee is granted a licence to provide electronic communications network services in order to self provide signal distribution services in terms of section 63 of the Act, that licensee— |
| (a) | may elect to self-provide signal distribution services for the digital broadcasting of its authorized channels and services; and |
| (b) | has the right to terminate the appointment of the electronic communications network service licensee where that licensee was appointed in terms of subregulation (7) upon 6 (six) months notice to the electronic communications network service licensee and the Authority. |
