Documents: Final regulations

2012 Digital Migration Regulations

The purpose of these Regulations is to: (a) regulate the digital migration of the existing television channels; (b) prescribe the conditions for the assignment of channel capacity in Multiplex 1 and Multiplex 2 for the purposes of digital migration and the creation of a platform for DTT ; (c) prescribe the procedure for the authorisation of digital incentive channels; and (d) set the time frames within which the terrestrial television broadcasting service licensees must provide for dual illumination.

General Licence Fee Regulations

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.

Classification guidelines for the classification of films, interactive computer games and certain publications

The Films and Publications Act, Act No. 65 of 1996 ("the Act") requires certain films, games and publications to be classified by the Film and Publication Board ("FPB"). Once classified the distribution is subject to the conditions imposed by the FPB.

Findings on review of Universal Service Access Obligations

The research conducted then covered the following aspects: a. Analysis of the existing obligations imposed on licenses (see AnnexureC for sample analysis in addition to BMI-T report published by the Authority in March 2010) in terms of the then Telecommunications Act of1996. b. Investigation of compliance by licenses with imposed obligations and analysis of the reasons for the non-compliance; c. Assessment of the effectiveness of the current model; d. Bench-marking with similar international jurisdictions (See BMI-T report published in March 2010) as regards the implementation of USAOs; e. Recommendations on the way forward.

Under-Serviced Areas Definition Regulation

Under-Serviced Area is any area with a local or district municipality in which: (i) no electronic communications network has been constructed; or (ii) an electronic communications network has been constructed,but coverage of the inhabited parts of the area,fall below the national average; or (iii) an electronic communications network has been constructed,but over which no or, limited electronic communications services or broadcasting services are being provided as determined by the Authority from time to time.

Amendment regarding gambling advertising

Dr Rob Davies, the Minister of Trade and Industry, in terms of section 87 of the National Gambling Act, 2004(Act No. 7 of 2004) after consulting the National Gambling Policy Council and on recommendation of the National Gambling Board, made the following amendments to the regulations in the Schedule.

The Minister amends the Broadcasting Digital Migration Policy

Dina Pule, Minister of Communications, hereby amends the Broadcasting Digital Migration Policy issued in Government Gazette No. 31408 on 08 September 2008, to the extent indicated below taking into consideration submissions made by stakeholders on the amendments proposed by the Department of Communications in August 2011.

Reason document - Ownership Control

The primary purpose of the Findings Document is to highlight key issues raised by stakeholders following an inquiry held by the Authority on ownership and control and articulate the Authority's position.

Final Radio Frequency Spectrum Regulations

The purpose of these regulations is: (1) To establish the framework through which the Authority may allocate and assign radio frequency spectrum under the South African Table of Frequency Allocations. (2) To establish standard terms and conditions which will be applicable to all frequency bands and applications as well as Radio Frequency Spectrum Licences. (3) To establish transparent, fair and efficient procedures and processes for Radio Frequency Spectrum Licence applications. (4) To allow for greater flexibility such that special conditions and procedures for specific frequency bands can be applied. (5) To provide for circumstances in which the use or possession of radio apparatus, does not require a radio frequency spectrum licence.

Prescribed annual contributions of licences to the Universal Service and Access Fund

These regulations seek to prescribe the annual contributions to be paid to the Universal Service and Access Fund ("the Fund") by persons issued with licences in terms of chapters 3 and 9 of the Act.



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