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NAB Written Submissions
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NAB submission on EC Amendment Bill
To DoC (30 August 2012)
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.
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Regulations to the Universal Service Fund (USF)
To ICASA (29 October 2007)
The NAB has a concern with the literal implementation of section 89 of the EC Act, which requires all licencees to make a contribution to the Universal Service Fund. Currently, broadcasting licencees are contributing to the Media Development and Diversity Agency (MDDA).
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Amendment of the Electronic Communications Act 36 of 2005
To Portfolio Committee on Communications (24 October 2007)
The Department of Communications together with the Portfolio Committee on Communictions published an Amendment Bill of the Electronic Communications 36 of 2005. The object of the Bill was to amend the Electronic Communications Act, 2005, so as to empower the Minister to issue an additional policy direction; and to provide for matters connected therewith. The NAB submitted separate written representations to the DoC, and Parliament, as the due dates for submission were not the same. Subsequently, the NAB participated in oral representations before the Portfolio Committee on Communicastions on 29 October 2007. One of the key issues broadcasters objected to was the inclusion of the definition of "public entity" in the Bill. Including the definition of public entity in the Amendment BIll would give unintended results, as the NAB believes it is not the intention of the DoC to have all entities listed under schedule 2 and 3 of the PFMA to be governed by the EC Act.
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Films and Publications Amendment Bill
To Portfolio Committee of Home Affairs (16 October 2007)
The amendment process of the Films and Publications legislation has been on going for some time. The Department of Home Affairs published the second draft of the Bill for public comments, which was followed by oral hearings before Select Committee on Social Services on 16 October 2007. The NAB’s concerns on the Bill still centered on the Constitutionality the Bill. The NAB submitted its written submission, and participated in oral hearings before the Select Committee on Social Services.
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General Terms and Conditions of Individual and Class Licences
To ICASA (19 September 2007)
On 30 August 2007, the Independent Communications Authority of South Africa (The Authority) published its intention to prescribe the general terms and conditions of the licences (the draft terms and conditions) in terms of Chapter 3 of the Electronic Communications Act 36 of 2005 (The EC Act), in Government Gazette 30246, Notice 1084.
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The Minister's Policy Directives
To (17 September 2007)
On 17 September 2007, the Minister of Communications, Minister Ivy Matsepe-Casaburri, published Policies and Policy directions drafted in terms of section 3(1) and (2) of the EC Act.
This came after a public consultative process the DoC conducted on draft Policies and Policy Directions. In its written submission, the NAB outlined that it supported the Minister's proposed policy directions which stated that in preparation for the national radio frequency plan, or appropriate modification to any existing radio frequency plan, ICASA must be guided by the decisions to be taken at the World Radio Conference 2007(WRC-07). The NAB further added that the Minister should further direct ICASA to also take into account the decision of the Regional Radio Communication Conference 2006 (RRC-06), regarding radio spectrum frequency, when preparing the national radio frequency plan.
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Archived
Submissions
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NAB Presentations
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Amendment of the Electronic Communications Act 36 of 2005
To Portfolio Committee on Communictions (29 October 2007)
The NAB participated in oral representations before the Portfolio Committee on Communication on 29 October 2007. On of the key issues broadcasters objected to was the inclusion of the definition of “public entity” in the Bill. Including the definition of public entity in the Amendment Bill would give unintended results, as the NAB believed it is not the intention of the DoC to have all entities listed under schedule 2 and 3 of the PFMA to be governed by the EC Act.
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NAB Submission to ICASA on the Position Paper on Ownership and Control
To ICASA (13 February 2004)
ICASA published its Discussion Paper on the Review of Ownership and Control of Broadcasting Services and Existing Commercial Sound Broadcasting Licences in Notice 1825 published in Government Gazette 23873 dated 30 September 2002 (“the Discussion Paper”).
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NAB Submission to the DoC on the Draft Convergence Bill
To Department of Communications (3 February 2004)
Convergence means different things to different people and in different contexts. This, however, should not serve as an excuse not to define the concept in the context convergence legislation. Indeed, because of the inherent ambiguity of the convergence concept, there is an immense need to explore and articulate the policy objectives of regulating for convergence. However, apart from the recognition of convergence as inevitable in various policy documents (White Paper on Telecommunications Policy para 2.5, White Paper on Broadcasting Policy chapter 7 and para 11.3, and Green Paper on E-Commerce chapter 9), there has been no specific policy articulated as to the appropriate regulatory response to the inevitable process of convergence.
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Archived
Presentations
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NAB Written Reports
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NAB Submission to ICASA's Discussion Paper on Ownership and Control of Broadcasting Services and Existing Commercial Sound Broadcasting Licences
To ICASA (6 December 2002)
In Notice 1825 published in Government Gazette 23873 dated 30 September 2002, The Independent Communications Authority of South Africa ("ICASA") published its Discussion Paper on the Review of Ownership and Control of Broadcasting Services and Existing Commercial Sound Broadcasting Licences ("the Discussion Paper"). Interested parties were invited to submit written representations on the Discussion Paper to ICASA by 6 December 2002. The Discussion Paper is a preliminary step towards ICASA fulfilling its obligations in terms of the objects of the IBA and the Broadcasting Acts and its stated purpose is to conduct a review.
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BCCSA judgments on children`s issues
To Minister of Communications (6 March 2001)
In preparation for the World Summit on Children’s Broadcasting a report outlining BCCSA judgments on children’s issues was prepared
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KPMG research on local content
To ICASA (28 February 2001)
KPMG was commissioned by the NAB to conduct a survey of broadcasters’ attitudes to local content and a comparison of local content regulation in other countries.
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NAB / PricewaterhouseCoopers presentation on the future of the SA broadcasting industry
To Portfolio Committe on Communications (1 October 2000)
NAB and PWC jointly undertook a project on the future of broadcasting policy in South Africa. The results were presented to various decision makers
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Archived
Reports
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NAB Speeches
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Speech on MDDA Bill
To Portfolio Committee on Communications (6 March 2002)
With the publication of the MDDA Bill, the NAB is pleased to note that a number of our previous concerns have been addressed. We do, however, have some remaining issues of concern. Our comments fall into three broad areas:
Firstly, we are concerned that the powers granted to the Minister by the Bill reduce the MDDA’s independence from government.
Secondly, we believe the mandate of the MDDA could, in some instances be more clearly defined. The NAB is of the view that the MDDA’s priority should be rolling out support to deserving entities and projects and that the law should make this clear.
Lastly, certain terminology used in the Bill requires clarification.
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Speech on Needletime
To Department of Trade and Industry (21 May 2001)
Despite the clear divisions which have characterised the debate on ‘needletime’ there is consensus on the goals we all wish to see achieved, namely just remuneration for our artists and a healthy and thriving local music industry
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Presentation on local content
To ICASA Broadcasting (11 May 2001)
The NAB focused on broadcasters’ commitment to local content, what ese should be done in addition to a quota and whether there are sufficient reasons for raising the quotas
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Presentation on Community Radio
To Portfolio Committee on Communications (28 March 2001)
Although community radio has led the way in opening up South African airwaves, the sector has been beset by troubles. The difficulties in becoming financially sustainable have been compounded by the regulator’s resource constraints
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Archived
Submissions
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