– Written Submissions
Amendment of the Regulations: Standard Terms and Conditions of Class Licences, Government Gazette No 30512 of 2007
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.
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.
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 entryview full article
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ICASA poses questions and requires additional information from the NAB
On 12 to 14 March 2008, ICASA invited stakeholders to participate in oral hearings, at the ICASA offices, in respect of draft regulations to prescribe annual contributions of the licencee's licenced activity to the Universal Service and Access Fund. The draft regulations were promulgated in terms of section 89 read with section 95(1) and section 4 of the Electronic Communications Act (the EC Act), and section 4(3)(j) of the Independent Communications Authority of South Africa Act (the ICASA Act)(the draft regulations. The NAB was scheduled to make its oral submission on 13 March 2008. During the hearings, the ICASA panel posed two questions, which came as a result of issues the NAB raised in its oral submission. The NAB was requested to respond in writing within two weeks.view full article