ICASA Public Hearings _________________________

1. ICASA Public Hearings _________________________ Conversion of Licenses in terms of Chapter 15 of the Electronic Communications Act No. 36 of 2005 02 October 2007

2. Team members • Lumko Mtimde (CEO) • Jayshree Pather (Projects Director) • Harry Letsebe (Program Manager) ICASA Hearing, Section 15 of ECA

3. MANDATE • CREATE AN ENABLING ENVIRONMENT FOR MEDIA DEVELOPMENT AND DIVERSITY WHICH REFLECTS THE NEEDS AND ASPIRATIONS OF ALL SOUTH AFRICANS • REDRESS EXCLUSION AND MARGINALISATION OF DISADVANTAGED COMMUNITIES AND PERSONS FROM ACCESS TO THE MEDIA AND THE MEDIA INDUSTRY • PROMOTE MEDIA DEVELOPMENT AND DIVERSITY BY PROVIDING SUPPORT PRIMARILY TO COMMUNITY AND SMALLCOMMERCIAL MEDIA PROJECTS ICASA Hearing, Section 15 of ECA

4. Objective of the Agency in terms of the Act • Encourage ownership and control of, and access to, media by HDC as well as by historically diminished indigenous language and cultural groups, • Encourage the development of human resources and training, and capacity building, within the media industry, especially amongst HDGs, • Encourage the channelling of resources to the community media and small commercial media sectors, • Raise public awareness with regard to media development and diversity issues, • Support initiatives which promote literacy and a culture of reading, • Encourage research regarding media development and diversity, and • Liaise with other statutory bodies, such as ICASA and USAASA. ICASA Hearing, Section 15 of ECA

5. VISION “EACH AND EVERY SOUTH AFRICAN CITIZEN SHOULD HAVE ACCESS TO A CHOICE OF A DIVERSE RANGE OF MEDIA” ICASA Hearing, Section 15 of ECA

6. MISSION “ A DEVELOPMENT AGENCY THAT WILL ASSIST IN BUILDING AN ENVIRONMENT WHERE A DIVERSE, VIBRANT AND CREATIVE MEDIA FLOURISHES AND REFLECTS THE NEEDS OF ALL SOUTH AFRICANS.” ICASA Hearing, Section 15 of ECA

7. OVERALL OBJECTIVE “TO ENSURE THAT ALL CITIZENS CAN ACCESS INFORMATION IN A LANGUAGE OF THEIR CHOICE AND CONTRIBUTING TO THE TRANSFORMATION MEDIA ACCESS, OWNERSHIP AND CONTROL PATTERNS IN SOUTH AFRICA” ICASA Hearing, Section 15 of ECA

8. PURPOSE “TO STRENGTHEN THE SECTOR THOUGH THE PROVISION & LEVERAGE OF RESOURCES, KNOWLEDGE AND SKILLS IN PURSUIT OF PROMOTING MEDIA DEVELOPMENT AND DIVERSITY” ICASA Hearing, Section 15 of ECA

9. Introduction • Chapter 3 of the ECA sets out the licensing framework to govern the Authority in converting existing licenses. • The Authority on the 23rd March 2007, published Notice No.349 of 2007 • This was a notice of intention to prescribe regulations in terms of the licensing framework applicable to individual and class licenses under chapter 3 of the electronic communications act, no. 36 of 2005 • The MDDA made a submission in response to this Notice on the 09th May 2007. We await direction from the Authority in terms of this process. • The Agency, though understand that the Notice No. 244 of 2007, should be read with the Licensing Framework Regulations. ICASA Hearing, Section 15 of ECA

10. Introduction • Chapter 15 of the ECA requires all licenses granted, issued or considered to have been granted or issued in terms of the Telecommunications Act, the Broadcasting Act or the IBA Act (existing licenses) be converted within 24 months from the commencement of the ECA. ICASA Hearing, Section 15 of ECA

11. General Observations • It remains unclear to the Agency, whether there will be a specific Regulation for the different Licensee (whether Class or Individual) to enable the Authority to regulate the specific requirements that may be relevant to some services, like such services as broadcasting services in line with Chapter 9 of the ECA or whether the Authority will prescribe procedures and criteria for awarding radio frequency spectrum licenses for competing applications or instances where there is insufficient spectrum available to accommodate demand, in terms of Section 31(3) of the ECA. ICASA Hearing, Section 15 of ECA

12. General Observations • The Agency believes it is critical for the Authority to prescribe these specific regulations and procedures providing criteria for awarding community broadcasting services, if ICASA is to ensure it meets its legislative mandate of ensuring broadcasting diversity and access by historically disadvantaged communities, in terms of Section 2 (Chapter 1) of the ECA, in particular Section 2 ( r ), (s), (v) and (w). ICASA Hearing, Section 15 of ECA

13. General Observations • If ICASA does not prescribe such regulations, the opposite of the intention of the ECA will apply, where the “haves” will access broadcasting service and the “have not’s” may be deprived of these services. • The licenses will be issued on a first come first served basis reversing all the gains of the thirteen years of our democracy, by advantaging the historically advantaged communities. It is also worth noting that the need for specific regulation is not only derived from frequency competing demands but also in pursuit of programming diversity required in terms of Section 2 of the ECA, community participation, ownership and control, media diversity, etc. ICASA Hearing, Section 15 of ECA

14. General Observations • Whereas Chapter 3 provides for what each licensees (individual or class) should apply for, it is important for the Authority to assist the public through providing the Regulations required in terms of Section 5 (7), as per the intentions of Notice 349. • This will assist everyone to understand the implications of their input and responsibilities thereof in terms of the respective licenses. ICASA Hearing, Section 15 of ECA

15. General Observations • The MDDA’s submission will related mostly to the broadcasting licenses. ICASA Hearing, Section 15 of ECA

16. Licence Conversion Table II • The Agency accepts the proposed classification for PBS, Commercial Broadcasting and Community Sound Broadcasting licences. • The only consideration is the one already raised above regarding the specific regulations for community sound broadcasting licences. • Regarding Community Television Broadcasting licences, the Agency held a workshop in April 2007 with stakeholders. • Ideas were thrown regarding whether CTV should be given a wider provincial coverage and therefore whether it should be class or individual licence. ICASA Hearing, Section 15 of ECA

17. Licence Conversion Table II • Community Television Broadcasting licences, • Discussions also were around the modeling for CTV in South Africa. • It is envisaged that towards the finalisation of regulations for CTV, some of these questions will again be thrown for discussion. • Therefore, it is unclear at this stage whether CTV should be classified as class or individual license. ICASA Hearing, Section 15 of ECA

18. Licence Conversion Table II • Signal distribution licence • In this regard clarity is sought in terms of the categorisation (category 1, 2 and 3), whether these will be further defined, as Chapter 9 Section 62 and 63 purports. ICASA Hearing, Section 15 of ECA

19. CONCLUSION • The Agency welcomes the Authority’s efforts to meet the prescribed timelines for the transition period towards fully realising the implementation of ECA. • 02 October 2007 ICASA Hearing, Section 15 of ECA