In this Digital Migration reasons document the Authority has set out the basis for certain policy determinations it has made in relation to the digital migration process in the context of the representations and submissions it has received from various interested parties.

 

On 28 October 2009, the Department of Communications (the Department) published in Notice number 1409 (the Notice), Government Gazette number 32663, the Public Service Broadcasting Bill (the draft Bill), the Charter of the Corporation (the draft SABC Charter) and the Charter of Community Broadcasting Services (the draft Community Broadcasting Charter). This Notice was preceded by the drafting of a Public Service Broadcasting Discussion paper (the discussion paper) by the department, on 20 July 2009, in government gazette 32420, Government Notice 755 of 2009 (the first Notice).The draft Bill seeks to among others amend the Broadcasting Act 4 of 1999. After the public consultative process has been concluded, the department will table the draft Bill before cabinet for approval into a Bill. It is envisaged that the parliamentary process will follow thereafter. The NAB welcomed the publication of the draft Bill, the NAB however does not support the draft Bill in its current form, and believes that a lot of work still needs to be undertaken to transform the draft Bill into a workable piece of legislation. The NAB submitted its written representation to the draft Bill.

The findings document summarises the views expressed by interested persons and seeks to highlight key decisions taken by the Authority with respect to the regulation of advertising, informercials and programme sponsorship by broadcasting service licensees.

The findings contained herein were made in terms of section of 4(C) the ICASA Act No 13 of 2000, read with section 61(1) of the Electronic Communications Act No 36 of 2005, and approved for final publication by the Council of the Authority.

The Independent Communications Authority of South Africa ("The Authority") hereby gives notice in accordance with section 34 of the Act. After due consideration of comments and representations received pursuant to the two published draft terrestrial broadcasting frequency plans, the Authority has now determined the Final Terrestrial Broadcasting Frequency Pan 2008 and hereby publishes the plan accordingly.

On 18 September 2009, the Department of Communications, (the Department) published for public comment, in General Notice number 1275 of 2009, government gazette 32577 a notice of its intention to make South African National Radio Frequency Spectrum Policy (the draft policy). The notice was published in terms of section 3(1) of the Electronic Communications Act (the EC Act). Interested parties were requested to furnish their written submissions within 30 calendar days of the date of publication of the notice in government gazette. The Department subsequently set the closing date on 19 October 2009. The NAB submitted its written representation.

With the quest to amend the Broadcasting Act 4 of 1999, the Department of Communications published on 20 July 2009, a notice inviting interested persons to furnish comments on the Public Service Broadcasting discussion paper (the discussion paper). The intention was to have the inputs received from the discussion paper to feed into the forthcoming Bill. The closing date to written representations was 16 October, and the NAB submitted its written submission.