Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsPromotion of Diversity and Competition on Digital Terrestrial Television Regulations, 20146. Digital Television Channel Authorisation Procedure |
| (1) | A television broadcasting service licensee which has been assigned capacity on Multiplex 1 or Multiplex 3 shall make application, in writing, to the Authority for authorisation to broadcast a specific digital television channel on those multiplexes. |
| (2) | The Authority may invite public comments and conduct a public hearing in relation to an application to authorise a digital television channel in terms of subregulation (1) where it considers it necessary in the interests of procedural fairness to do so. |
| (3) | Subject to subregulation (5), a television broadcasting service licensee may not commence broadcasting a digital television channel except where the Authority has given its prior written authorisation for the channel. |
| (4) | 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 (2). |
| (5) | If on the expiry of the sixty (60) day period contemplated in subregulation (4), the Authority has not issued such a certificate or indicated its intention to hold a public hearing, the channel shall be regarded as having been authorised. |
| (6) | If the Authority refuses to authorise a channel, the Authority shall give written reasons to the applicant in respect of its decision within thirty (30) days of the refusal to issue a certificate. |
| (7) | An application in terms of subregulation (1) by a television broadcasting service licensee which provides a free-to-air broadcasting service for authorisation to broadcast a channel in Multiplex 3 must include— |
| (a) | the name of the proposed channel; |
| (b) | he primary language(s) of the channel; |
| (c) | a programming plan, including local content, where applicable; |
| (d) | the country where the channel was packaged; |
| (e) | the full name of the channel supplier; and |
| (f) | any other related information as may be required by the Authority. |
| (8) | An application in terms of subregulation (1) by a television broadcasting service licensee which provides a subscription broadcasting service must include the information stipulated in the Subscription Broadcasting Regulations for channel approval applications. |
| (9) | An application in terms of subregulation (1) that does not contain the information that is required to be included in terms of these Regulations may not be considered. |