Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsDigital Migration Regulations, 20126. Digital incentive channel authorisation procedure |
| (1) | A terrestrial television broadcasting service licensee, other than a terrestrial television broadcasting service licensee which provides a community broadcasting service, may make application, in writing, to the Authority for authorisation to broadcast a digital incentive channel(s). |
| (2) | An application in terms of subregulation (1) may be submitted to the Authority prior to the commencement of the dual illumination period or during the dual illumination period. |
| (3) | The Authority may invite public comments and conduct a public hearing in relation to an application to authorise a digital incentive channel where it considers it necessary in the interests of public fairness to do so. |
| (4) | A terrestrial television broadcasting service licensee may not broadcast a digital incentive channel except where the Authority has given its prior written authorisation for the channel. |
| (5) | Within sixty (60) days of receipt of an application made in terms of subregulation (1), the Authority shall issue a certificate authorising or refusing to authorise the channel, unless the Authority has elected to hold a public hearing in terms of subregulation 6(3). |
| (6) | If on the expiry of the sixty (60) day period contemplated in subregulation (5), the Authority has not issued such a certificate or indicated its intention to hold a public hearing, the digital incentive channel shall be regarded as having been authorised. |
| (7) | If the Authority refuses to authorise a digital incentive channel, the Authority shall give written reasons to the applicant in respect of its refusal within thirty (30) days of the issuing of the certificate. |