Documents

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.

Health Content Policy Framework for Television Broadcasting

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.

NAB Submission on the Frequency Migration Regulations

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.

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.

NAB submission on EC Amendment Bill

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.

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 NAB submission to ICASA’s Issues Paper

Monday 16 April 2012 marks the closing date for written submissions to ICASA’s Issues Paper on the Review of the Broadcasting Regulatory Landscape. This new closing date comes after a month-long postponement by ICASA with the initial due date having been of 16 March 2012. The NAB in its written representation, which has submitted today 16 April 2012 at noon raised three points of concern in relation to the Issues Paper, namely the Scope, the Regulatory Impact Assessment, as well as Timing, each of these issues are discussed in great detail in the submission.

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