Electronic Communications Act, 2005 (Act No. 36 of 2005) Regulations Digital Migration Regulations, 2012 1. Definitions

 

In these Regulations, unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Act has the meaning so assigned and—

 

"the Act"

means the Electronic Communications Act, 2005 (Act No. 36 of 2005);

 

"analogue broadcasting"

means terrestrial broadcasting where the broadcast signal is in analogue format and "analogue broadcast" shall be construed accordingly;

 

"Astronomy Geographic Advantage Act"

means the Astronomy Geographic Advantage Act, 2007 (Act No. 21 of 2007);

 

"broadcast frequency plan"

means the radio frequency plan prepared by the Authority in relation to the broadcasting service radio frequency bands, which forms part of the national radio frequency plan referred to in section 34 of the Act;

 

"CCC"

means the Complaints and Compliance Committee;

 

"Charter"

means the Charter of the SABC, as outlined in Chapter IV of the Broadcasting Act;

 

"commercial service division"

means the commercial service operational division of the SABC, as provided for in section 9(1)(b) of the Broadcasting Act;

 

"digital broadcasting"

means terrestrial broadcasting where the broadcast signal is in a digital format and "digital broadcast" shall be construed accordingly;

 

"digital incentive channel"

means a new channel authorised in terms of these Regulations to be provided by a terrestrial television broadcasting service licensee as a digital broadcast in addition to the existing television channel or channels broadcast by that licensee as an incentive for digital migration and to encourage consumers to take the steps necessary for successful digital migration;

 

"digital migration"

means the transition from analogue broadcasting to digital broadcasting;

 

"Digital Terrestrial Television" or "DTT"

means digital broadcasting of television broadcasting services over a terrestrial electronic communications network which employs radio frequency spectrum in the transmission of the broadcast signal, and does not include television broadcasting services transmitted over a cable electronic communications network;

 

"dual illumination"

means the simultaneous analogue broadcasting and digital broadcasting of an existing television channel on a simulcast basis;

 

"dual illumination period"

means the period commencing on the date of Digital Terrestrial Television switch-on, as determined and published by the Minister and ending on the date or dates of analogue television switch-off as determined and published by the Minister;

 

"e.tv"

means e.tv Proprietary Limited;

 

"e.tv channel"

means the existing television channel broadcast by e.tv at the commencement of these Regulations in terms of the individual licence held by e.tv to provide a commercial free-to-air broadcasting service;

 

"existing television channel"

means a television channel provided by a terrestrial television broadcasting service licensee as an analogue broadcast at the commencement of these Regulations;

 

"High Definition Television (HDTV)"

means DTT transmissions with a resolution of at least 1280x720 pixels, progressive format;

 

"M-Net"

means Electronic Media Network Limited;

 

"M-Net channels"

means the existing television channels broadcast by M-Net at the commencement of these Regulations in terms of the individual licence held by M-Net to provide a commercial subscription broadcasting service;

 

"Multiplex 1"

means the frequencies designated as "DTT1" in the broadcast frequency plan;

 

"Multiplex 2"

means the frequencies designated as "DTT2" in the broadcast frequency plan;

 

"public service channel"

means a television channel broadcast by the SABC which is broadcast as part of the SABC’s public service as provided for in section 10 of the Broadcasting Act;

 

"public service division"

means the public service operational division of the SABC, as provided for in section 9(1)(a) of the Broadcasting Act;

 

"public value assessment"

is an assessment on the basis of the criteria specified in regulation 7(1);

 

"Process and Procedures Regulations"

means the Class Licensing Processes and Procedures Regulations, 2010 published under Government Notice R526 in Government Gazette 33297 of 14 June 2010, as amended or replaced from time to time and the Individual Licensing Processes and Procedures Regulations, 2010 published under Government Notice R522 in Government Gazette 33293 of 14 June 2010, as amended or replaced from time to time;

 

"SABC"

means the South African Broadcasting Corporation SOC Limited;

 

"SABC channels"

means the existing television channels, SABC 1, SABC 2 and SABC 3, broadcast by the SABC at the commencement of these Regulations in terms of the individual licences held by the SABC to provide public free-to-air television broadcasting services;

 

"SABC commercial service channel"

means a television channel broadcast by the SABC as part of its commercial service as provided for in section 11 of the Broadcasting Act;

 

"Standard Definition Television (SDTV)"

means DTT transmissions with a resolution of at most 720 x 576 pixels, either interlaced/interfaced or progressive scanned formats;

 

"Subscription Broadcasting Regulations"

means the Subscription Broadcasting Services Regulations, 2006 published under General Notice 152 in Government Gazette 28452 of 31 January 2006, as amended or replaced from time to time;

 

"terrestrial television broadcasting service licensee"

means any of the television broadcasting service licensees licensed in terms of the Act to provide the existing television channels.