[7 June 2019]
The Independent Communications Authority of South Africa (ICASA) extended the deadline for submitting comments on the draft findings of the Inquiry into Subscription Television Broadcasting Services. The deadline was previously set for June 21, 2019, but has been extended to August 27, 2019. This extension was granted in response to a stakeholder’s request for additional information to support the draft findings.
draft findings in respect of the Inquiry into Subscription Television Broadcasting Services
[17 April 2019]
The Independent Communications Authority of South Africa (ICASA) published its draft findings on the Inquiry into Subscription Television Broadcasting Services.
The opportunity remains open for interested stakeholders to submit written comments on the draft findings document. All comments must be received by Ms Violet Molete via email (vmolete@icasa.org.za) by June 21, 2019.
draft findings in respect of the Inquiry into Subscription Television Broadcasting Services.
[4 April 2018]
The Independent Communications Authority of South Africa (ICASA) held public hearings from May 7 to 11, 2018, at their offices in Sandton. Stakeholders who submitted written submissions are given the opportunity to present their views orally.
Enquiries can still be directed to Ms Violet Letsiri (Senior Manager: Social Policy for ICT service) / vletsiri@icasa.org.za and Ms Honey Makola (Project Leader) / hmakola@icasa.org.za.
Discussion Document on the Inquiry into Subscription Television Broadcasting Services
[15 August 2016]
The deadline for responses to the subscription television broadcasting questionnaire has been extended to September 2, 2016.
[19 July 2016]
Subscription television broadcasting questionnaire_Final Version
The Independent Communications Authority of South Africa (ICASA) has begun an investigation into the subscription television broadcasting market. This initial stage involves gathering information through a questionnaire.
Who is included?
- Traditional subscription broadcasters
- Video-on-Demand (VOD) services
- Streaming services
- Over-The-Top (OTT) providers
Important Dates:
- July 27, 2016: Deadline to submit questions about the questionnaire. ICASA will publish answers as FAQs on their website.
- August 12, 2016: Deadline to submit completed questionnaires. Failure to respond disqualifies further participation in this stage.
How to Participate:
- Submit questions and completed questionnaires to subscriptioninquiry@icasa.org.za.
What Happens Next?
- ICASA will publish a Discussion Document based on the gathered information.
- All interested parties will have 45 working days to comment on the Discussion Document.
- Following the consultation, ICASA will publish a Findings Document.
- Based on the findings, ICASA may draft regulations to promote competition in the market.
[26 June 2016]
South Africa’s communications regulator, ICASA, is launching an investigation into competition within the pay-TV sector.
ICASA launches an inquiry into subscription television broadcasting markets (media release)
According to ICASA:
The purpose of the inquiry is to, among others, define the relevant wholesale and retail markets or market segments in the subscription television broadcasting, taking into account the relationship, if any, and the impact from adjacent markets (i.e. Free-to-air broadcasting services, new technologies, and so on); and to determine whether there is effective competition in those relevant markets and market segments.
The Authority has observed the failure of new market entrants to commence with licensed activities in this market and noted that only two subscription broadcasters operate despite several having been licensed.
This highlights concerns of competition in the subscription television broadcasting market which appears not to be functioning effectively.
The Independent Communications Authority of South Africa (ICASA) will use Chapter 10 of the Electronic Communications Act (ECA) of 2005 to investigate and establish rules. This chapter outlines a process for examining markets and imposing pro-competitive conditions on licensees with significant market power (e.g., subscription television broadcasters) if competition is lacking.
It’s important to note that a 2014 amendment to the ECA significantly streamlined Chapter 10. It also expanded the types of pro-competitive conditions ICASA can impose on broadcasters. These conditions can now include those related to distribution, access, and reselling obligations.
The Independent Communications Authority of South Africa (ICASA) launched an investigation in 2014 to assess the level of competition within the South African ICT sector, with a particular focus on the broadcasting market.
Broadcasting market
On the broadcasting side, attempts to introduce competition in the subscription television environment are clouded by challenges faced by TopTV in attempting market entry in the subscription TV market, resulting in its entering business rescue. There is also in the commercial sound broadcasting market a series of attempts by broadcasters to develop economies of scale by acquiring minority stakes in other radio stations or requesting exemptions from the ownership and control regulations. In the free-to-air commercial television market, allegations have been made of unfair competition between subscription TV and free-to-air TV with regard to access to adspend revenues. Concerns have also been raised by the incumbent TV broadcasters about the Authority’s plans to introduce new commercial and community TV services during the digital migration process. Consumers locked in Multichoice contracts are confronted by escalating costs with no relief in sight.