Documents

Digital Terrestrial Television Regulations

The objectives of these regulations are to: (a) regulate the transition of terrestrial television broadcasting services from analogue transmission to digital terrestrial television (DTT); (b) prescribe a procedure and conditions for the assignment of the DTT multiplexes; (c) provide for the allocation of channel capacity and procedure for the authorisation to operate a digital incentive channel; (d) set out the time frames for the rollout of the digital terrestrial television throughout the Republic.

NAB report on the Future of TV and Levy Proposal - Audience Measurement

Audience measurement plays an important role for advertisers and broadcasters. Firstly, it helps to provide broadcasters with information relating to the viewing patterns of customers, and as a result informs decisions on programmes, scheduling advertising rates. Secondly, it allows advertisers to understand viewing patterns allowing informed decisions to be made on where to place advertisements to reach the correct target audience at the lowest cost.

NAB Submission on the Draft Regulations on Code of Advertising Practise

On 13 February 2009, the Authority published in notice number 172 of 2009,  government gazette number 31903 (the notice), a notice of its intention to make regulations and Code of Advertising Practice setting out the standards, practice and prohibitions in advertising, sponsorships and other forms of commercial prohibition by radio and television broadcasting service licencees (the draft regulations). The draft regulations are made in terms of section 4 read with section 55(1)(2)(3) and section 95 of the Electronic Communications Act 36 of 2005 (the EC Act). Section 55 enjoins all broadcasting licencees to adhere to the Code of Advertising Practice as administered by the Advertising Standards Authority of South Africa. Subsequently, the Authority published in government gazette 32014, an explanatory memorandum outlining the Authority’s rationale or thinking on the issues raised in the draft regulations. This came as a result of the concerns that arose in a workshop the Authority held on 30 March 2009. In the workshop, stakeholders expressed their dismay in the way in which the draft regulations have deviated from the 1999 ICASA Advertising, Infomercials and Programme Sponsorships Regulations (the 1999 Regulations), and requested the Authority to provide the reasoning behind the deviation.

General Licence Fee Regulations

The purpose of these Regulations is to prescribe ­- (a) the administrative fees payable in respect of an application or registration for a licence, amendment, transfer or renewal as contemplated in sections 4(1 Xc)(iv) and 4(1 )(c)(v) of the Act; and (b) The annual licence fees payable by licensees as contemplated in section 5(7) (a) (iii) of the Act.

General licences fees

The Independent Communications Authority of South Africa ("The Authority") hereby publishes the regulations in respect of general licence fees in terms of section 4(1) (c) (iv-v) and 5(7) (a) (iii) of the Electronic Communications Act 36 of 2005 contained herein.

Second Round of Comments for Draft General Licence Fees Regulations

ICASA has published the second draft of the general licence fees regulations on 06 March 2009. The draft is published in  government gazette 31992. Written submissions are to be in by 20 March 2009. In conjunction with the second draft, the authority published a position paper on the general licence fees.

Commissioning of Independently produced SA programming

On 7 November 2008, in government gazette 31580, Notice 1388 of 2008 (the Notice), the Authority published in terms of section 61(1) of the Electronic Communications Act 36 of 2005, a notice of its intention to make regulations for Commissioning of independently produced South African Programming (the Regulations). 

In terms of section 61(1) of the EC Act, the Authority is required to prescribe regulations applicable to broadcasting service licencees regarding the commissioning of independently produced South African programming.

Terrestrial Broadcast Frequency Plan

The ECA mandates ICASA to prepare the national radio frequency plan within twelve months of the coming into effect of the Act. Subsequent to that, ICASA is in terms of section 34(5), required to update and amend the national radio frequency plan when necessary in order to keep the plan current.

Consequently, the Authority is required to give notice in a government gazette, of its intention to prepare a national radio frequency plan, and to further invite interested parties to submit written representation in response thereto. On 07 November 2008, ICASA invited interested parties to provide written representations on the draft Terrestrial Broadcast Frequency Plan,  the closing date for the submission of such written representations is 16 January 2009.

General Licence Fees Regulations

On 24 October 2008, the Authority published draft regulations in respect of General Licence Fees in Government Gazette 31542. The draft regulations are drafted in terms of section 4(1) (c)(iv-v) and 5(7)(a)(iii) of the Electronic Communications Act. (The EC Act).  The closing date for written submissions being 05 December 2008.

The draft general licence fees regulations gazetted by ICASA on 24 October 2008, if applied in their current form will handicap the financial viability of the broadcasting industry as a whole. For instance, the Authority proposes a leap frog from R30 000 in respect of amendment fees for sound broadcasting services to R250 000. The NAB is of the view that the proposed licence fees are prohibitive in nature, and pose as a barrier to entry

Party Election Broadcasts, Political Advertisements, the Equitable treatment of Political Parties by Broadcasting Licensees

Paris Mashile, the Chairperson of the Independent Communications Authority of South Africa (the Authority) hereby publishes regulations in the attached Schedule, made and approved by the Authority in terms of section 4(1) of the Electronic Communications Act, 2005 (Act No.36 of 2005) read with section 4(3) (j) of the Independent Communications Authority of South Africa Act, 2000 (Act No.13 of 2000).

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