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No. 37261
GOVERNMENT GAZETTE, 24 JANUARY 2014
8.5 Licensing and spectrum
Current policies relating to broadcasting are largely met through licences (both individual and
class). This allows specific requirements to be set for individual broadcasting services. The
broadcaster is a South African registered legal entity which is held accountable for
requirements set in licence conditions and relevant regulations.
In
line with this, sections of the radio frequency spectrum are set aside for terrestrial
Licensing processes then consider, among other things, the target
audience needs, what other services are available, how the aspirant licensee intends to
meet key objectives (such as South African content and language mandates) and the
broadcasting services.
requirements in legislation of diversity. Satellite services also require a broadcasting licence,
although they do not utilise sections of the spectrum set aside for broadcasting services.
Broadcasting licences typically determine a licence area to ensure there is no interference
with other services and promote diversity and fair competition. With the migration to DTT,
sections of the radio frequency spectrum currently allocated to broadcasting services will be
freed for use by other sectors and therefore increase access to, for example, mobile
broadband. New services using the spectrum previously allocated to broadcasting will
undoubtedly provide content services to drive take up and these could directly compete with
licensed broadcasters. Spectrum currently allocated to electronic communications services
and networks will also be used to distribute audio-visual and audio content. As noted
previously, at the moment, many of these services will be competing with traditional
broadcasters, but will not necessarily require a broadcasting licence or therefore have to
meet public interest obligations linked to broadcasting. The notion of a "licence area" for
particular services will also be irrelevant in these circumstances.
8.6 The three tier system
Several Framing Paper submissions highlighted areas where current policy objectives for the
different tiers have not necessarily been met and therefore suggested that the mechanisms
in place in the White Paper, related to legislation and/or regulations be reviewed during this
policy process. Both Government and Parliament have highlighted in particular the need to
review the role of the public broadcaster, the governance of the SABC and funding for public
broadcasting.
The three tier system (public, private and community broadcasting) is one of the key means
in the current regulatory framework to facilitate freedom of expression and ensure objectives
relating to, for example, diversity of ownership and content are met.
The public broadcaster has a specific mandate set out in a legislative Charter to
fulfil key public goals such as universal access, providing a range of programming in
all official South African languages and airing educational programming.
Current policy recognises the positive role that can be played by the private
commercial broadcasting sector (free to air and subscription) in fostering diversity
of services, content, employment for producers, artists and broadcasters as well as
increasing diversity of ownership. The regulator in licensing new services has to have
due consideration for diversity, along with the demand and need for the proposed
station or channel. Policy also stipulates that the regulator must set specific
requirements in relation to public interest objectives such as the airing of South
African content, broadcasting news and information programmes and commissioning
of independent producers. More extensive conditions are placed on the free-to-air
private commercial sector than the subscription sector.
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