The National Association of Broadcasters ("the NAB") is the leading representative of South Africa's broadcasting industry. The NAB aims to further the interests of the broadcasting industry in South Africa by contributing to its development.

The Bill proposes inserting subsection 5 in section 3 of the Bill, which provides that; any person affected by any action, finding or decision of the Authority may apply to a court with competent jurisdiction for the review of that action, finding or decision.

The NAB supports the proposals made in Sections 2(h) and 5(9)(b) of the Bill to replace the phrase “historically disadvantaged individuals” with the term “broad-based black economic empowerment”. From the NAB point of view, this is in keeping with government policies on empowerment. Furthermore, section 4(3)(k) of the ICASA Amendment Bill empowers ICASA to formulate regulations on empowerment requirements in terms of the Broad-Based Black Economic Empowerment Act.

On 24 October 2012, the Independent Communications Authority of South Africa (“ICASA”) published in Government Gazette number 35819, a notice of its intention to amend the ICASA General Licence fees Regulations, 2009 (“the 2009 Regulations”) . The draft regulations are open for public comment, and the closing date is 5 December 2012.

On 18 March 2013, the NAB submitted its written submission to ICASA on the draft Terrestrial Broadcasting Frequency Plan.

On 15 February, the NAB made its written submission to ICASA on the draft National Radio Frequency Plan. In terms of the ECA, the Minister of Communications needs to give the final approval of the Plan.

The Department of Communications published a draft ICASA Amendment Bill on 23 November 2012, for public comment. The objective for the amendment is to provide for further clarity on the powers and duties of the Authority, to provide for the establishment of the Complaints and Compliance Commission to replace the incumbent CCC. The NAB’s concerns are around the independence of ICASA, and the constitutional independence ICASA derives from section 192 of the Constitution of South Africa. These and opther concerns are raised in the NAB written submission to the Authority

On 2 October 2012, the Minister of Communications published in Government Gazette number 35734, a proposed Health Content Policy Framework for Television Broadcasting in South Africa (“the draft Health Content Policy”). The draft Health Policy is open for public comment, within 30 calendar days of the date of its publication.

On 17 August 2012, ICASA published both its draft Frequency Migration Regulations as well as the Frequency Migration Plan, in Government Gazette No. 35598. These documents were open for public comment, and the closing date for written comments was 28 September 2012. The closing date was subsequently changed to 12 October 2012. In the draft plan, ICASA has set aside dates for public hearings, and these are 31 October to 2 November 2012. The NAB has submitted its written submission, and has also indicated its intention to participate in oral hearings in accordance with dates specified by ICASA.

On 18 July 2012, the Department of Communications published the draft Electronic Communications Amendment Bill, 2012 in Notice 572 of 2012, in Government Gazette No. 35525. Interested persons were invited to make representations on the draft Bill within 30 days of publication of the notice.