Electronic Communications Act, 2005 (Act No. 36 of 2005)ICASAICT COVID-19 National Disaster Sixth Amendment Regulations4. Minimum Standards |
Notwithstanding the provisions of the Regulations and any licences issued, the following minimum standards shall apply during the subsistence of the National State of Disaster:
Complaints Resolution:
| (1) | Licensees are exempt from the responsibility to resolve complaints received within the time frames prescribed by the Authority in its Regulations. |
| (2) | Notwithstanding the provisions of sub regulation (1), licensees shall ensure that all complaints received by them are resolved within twenty (20) working days from the date of notification thereof. |
[Regulation 4(2) substituted by section 2(a) of Notice No. 314, GG 44631, dated 28 May 2021]
Tariffs Notification:
[Regulation 4 sub-heading substituted by section 2(b) of Notice No. 314, GG 44631, dated 28 May 2021]
| (3) | [Regulation 4(3) deleted by section 2(c) of Notice No. 314, GG 44631, dated 28 May 2021] |
| (4) | Any tariffs associated with a service in terms of the Act, which are intended to benefit and/or support consumers during the National State of Disaster, may be lodged with the Authority one (1) day prior to their operation/commencement. |
[Regulation 4(4) substituted by section 2(d) of Notice No. 314, GG 44631, dated 28 May 2021]
| (5) | All lodgements made in terms of sub-regulation (4) shall be deemed to constitute adequate notification in terms of these Regulations. |
[Regulation 4(5) substituted by section 2(e) of Notice No. 314, GG 44631, dated 28 May 2021]
| (6) | [Regulation 4(6) deleted by section 2(f) of Notice No. 314, GG 44631, dated 28 May 2021]. |
South African Sound and Television Broadcasting Services Performance Period:
| (7) | Regulation 4(7) deleted by section 2(f) of Notice No. 314, GG 44631, dated 28 May 2021] |
| (8) | Regulation 4(8) deleted by section 2(f) of Notice No. 314, GG 44631, dated 28 May 2021] |
| (8A) | Television broadcasting service Licensees are exempted from compliance with specific advertising requirements in terms of their licence conditions. Television broadcasting service Licensees shall comply with the local television content quotas during the National State of Disaster, to the extent reflected in the table below: |
[Regulation 4(8A) substituted by section 2(g) of Notice No. 314, GG 44631, dated 28 May 2021]
Public Television Broadcasting |
Commercial Television Broadcasting |
Community Television Broadcasting |
Minimum weekly average of its programming measured over a period of a year |
Minimum weekly average of its programming measured over a period of a year |
Minimum weekly average of its programming |
45% |
35% |
55% |
Table 1
[Regulation 4(8A) Table 1 inserted by section 2(g) of Notice No. 314, GG 44631, dated 28 May 2021]
| (8B) | [Regulation 4(8B) deleted by section 2(h) of Notice No. 314, GG 44631, dated 28 May 2021] |
| (8C) | [Regulation 4(8C) deleted by section 2(h) of Notice No. 314, GG 44631, dated 28 May 2021] |
| (8D) | The exemptions indicated in sub-regulation (8A) shall automatically cease three (3) months after the termination of the National State of Disaster. |
[Regulation 4(8D) substituted by section 2(i) of Notice No. 314, GG 44631, dated 28 May 2021]
Programme Syndication:
| (9) | Programme syndication must not exceed forty five percent (45%) per week of a broadcasting service licensee’s programming. |
| (10) | The adjustment in sub regulation (9) shall automatically cease upon expiry of a period of seven (7) days after the termination of the National State of Disaster. |
Quarterly Submission of Programming Logs and Recordings to the Authority:
| (11) | [Regulation 4(11) deleted by section 2(j) of Notice No. 314, GG 44631, dated 28 May 2021] |
| (12) | [Regulation 4(12) deleted by section 2(j) of Notice No. 314, GG 44631, dated 28 May 2021] |
Requirement to Convene Community Meetings including any Annual General Meetings (AGMs)
| (12A) | The suspension of the requirement for community broadcasting service licensees to hold any community meetings or AGMs and be required to submit proof of holding the meetings is lifted. Where it is not possible for a community broadcasting service licensee to hold a community meeting or AGM, such licensee must submit proof to the Authority before twenty-one (21) working days of the date specified in its constitutive documents for holding the community meetings or AGMs, where applicable. |
[Regulation 4(12A) substituted by section 2(k) of Notice No. 314, GG 44631, dated 28 May 2021]
| (12B) | [Regulation 4(12B) deleted by section 2(l) of Notice No. 314, GG 44631, dated 28 May 2021] |
| (12C) | Community broadcasting service licensees that were due to hold any meetings or AGMs with their respective communities during the period of the National State of Disaster and it was not possible for them to hold the community meetings or AGMs, must hold such community meetings or AGMs within three (3) months after the expiry of the National State of Disaster. |
[Regulation 4(12C) substituted by section 2(m) of Notice No. 314, GG 44631, dated 28 May 2021]
| (12D) | Where a community broadcasting service licensee holds any community meetings or AGMs in accordance with its constitutive document, where applicable, it shall submit a detailed plan to the Authority before twenty-one (21) working days prior to such planned meetings or AGMs, advising on the following: |
| (a) | Adherence with COVID-19 health protocols, directions and regulations as prescribed in terms of the Disaster Management Act, No. 57 of 2002; |
| (b) | The platform for convening such community meeting or AGM (i.e. virtual or physical); and |
| (c) | A list of the registered members who have confirmed attendance to such community meeting or AGM. |
[Regulation 4(12D) inserted by section 2(n) of Notice No. 314, GG 44631, dated 28 May 2021]
Submission of Applications
| (13) | The requirement for licensees and/or applicants to submit hardcopies of applications for licences, authorisations and/or certificates is suspended. |
| (14) | The suspension in sub regulation (13) shall automatically cease upon expiry of a period of fourteen (14) days after the termination of the National State of Disaster. |
| (14A) | Regulation 4(6) of the Community Broadcasting Services Regulations is hereby suspended. |
[Regulation 4(14A) inserted by section 2 of Notice No. 678, GG43945, dated 27 November 2020]
| (14B) | The suspension in sub-regulation (14A) shall automatically cease upon expiry of a period of fourteen (14) working days after termination of the National State of Disaster. |
[Regulation 4(14B) inserted by section 2 of Notice No. 678, GG43945, dated 27 November 2020]
| (15) | Subscription Broadcasting Licensees and Free-To-Air Broadcasting Licensees that need to apply for authorisation of channels may submit their requests for such authorisation not later than seven (7) days prior to the intended date of launch. |
[Regulation 4(15) substituted by section 2(o) of Notice No. 314, GG 44631, dated 28 May 2021]
| (15A) | For the duration of the alert levels, published in terms of the Regulations issued in terms of section 27(2) of the Disaster Management Act, 2002, the Authority shall only consider Special Event applications intended for COVID-19 related programming. |
[Regulation 4(15A) inserted by section 2(b) of Notice No. 252, GG43279, dated 5 May 2020]
| (15B) | A Special Event Community Broadcasting Service and Radio Frequency Spectrum licence, issued for the purpose of providing COVID-19 related programming, shall terminate one (1) month after the termination of the National State of Disaster. |
[Regulation 4(15B) inserted by section 2(b) of Notice No. 252, GG43279, dated 5 May 2020]
Television Broadcasting Services to Persons with Disabilities
| (16) | Television broadcasting service licensees, excluding community television broadcasting service licensees, must ensure that they use sign language interpretation in at least fifty percent (50%) of news broadcasts between 07h00 and 10h00 and 18h00 and 21h00 on a weekly basis. |
| (17) | For the entire duration of the National State of Disaster, Television broadcasting service licensees, excluding community television broadcasting service licensees, shall ensure that broadcast coverage of all media briefings by the National Command Council include a sign language interpreter. |
| (18) | The obligations in sub regulations (16) and (17) must be implemented within three (3) days after the publication of these Regulations and shall automatically cease three (3) days after the termination of the National State of Disaster. |
Deployment of Electronic Communications Facilities
| (19) | Insofar as they are required to give notice thereof to the Authority, Licensees shall notify the Authority regarding new installations of electronic communications facilities on their networks within twenty (20) working days of the occurrence thereof. |
[Regulation 4(15) substituted by section 2(p) of Notice No. 314, GG 44631, dated 28 May 2021]
| (20) | The Authority shall maintain a register of all new electronic communications facilities deployed during the period of the National State of Disaster. The notification shall include the following information: |
| (a) | a high-level network topology depicting the location of the new electronic communications facilities; |
| (b) | services intended to be provided on the newly deployed electronic communications facilities; |
| (c) | a list of sites where the electronic communications facilities are deployed, including applicable technical parameters such as site GPS coordinates, radio frequency channels and technology deployed; |
| (d) | capacity constraints of the current electronic communications facilities; |
| (e) | the coverage footprint of the current and new electronic communications facilities; |
| (f) | interference mitigation measures where applicable; and |
| (g) | infrastructure sharing and capacity sharing plans. |