[30 August 2014]

The regulations promoting diversity and competition on digital terrestrial television came into effect on August 22nd, 2014, after being published in the Government Gazette.

Promotion of Diversity and Competition on DTT Regulations 2014

These Regulations aim to achieve two goals: fostering diversity and competition in digital TV, and establishing procedures for allocating spectrum to authorized broadcasters and digital channels.

Spectrum Management Updates:

• “Use-it-or-lose-it” Clause: ICASA has introduced a new rule to ensure efficient spectrum utilization. If a licensee fails to fully utilize their allocated spectrum capacity for content provision within 36 months of acquiring the license, the unused portion can be revoked [regulation 3(4)].
• Clarification of Licensee Relationships: The regulations explicitly define the relationship between broadcasting service licensees (spectrum license holders) and electronic communications network service licensees (signal distributors). This aligns with recent amendments to the Electronic Communications Act (section 31) [regulation 7(2)] that reads:

“For the purpose of these Regulations it is deemed that an electronic communications network service licensee which is appointed by a television broadcasting service licensee to provide signal distribution services provides those services as an agent of the television broadcasting service licensee andtherefore will be deemed to be in compliance with section 31 of the Act.