Chapter 3 Of Broadcasting RSA Regulations

Chapter 3 Of Broadcasting RSA Regulations

CHAPTER III
CLASSIFICATION OF BROADCASTING SERVICES
This Chapter emphasises the need to adopt a more comprehensive approach to 30
broadcasting and broadcasting services to be in line with international practices and
technological developments.
Part 1: Broadcasting licences
Licences

  1. (I) Any person who intends to provide a broadcasting service, including 35
    distribution services whether satellite or terrestrial, or any other form of distribution
    which offer programming to the public is required to obtain a licence in accordance with
    the conditions which the Authority may determine from time to time.
    (2) A broadcasting service existing at the commencement of this Act, upon application
    to the Authority for a broadcasting licence, is deemed to have the necessary permission 40
    to continue its activities for a period not exceeding six months from the commencement
    of this Act or until such time as the Authority has decided on the licence application and,
    in the event of a decision to grant the application, has issued such licence.
    (3) This section must not be construed to mean that a broadcaster licensed or
    authorised to provide service to a foreign country by the appropriate authority and 45
    whose signal is incidentally received in South Africa, is required to hold a licence in
    South Africa.
    (4) The Authority may attach prescribed conditions to an authorisation or licence.
    (5) No person may provide a broadcasting service unless such service is provided in
    accordance with a broadcasting licence issued to that person by the Authority. 50
    (6) Each channel provided in a multi-channel environment must be authorised by the
    Authority upon application by the person offering a broadcasting service to the public.
    (7) Any channel carried by a broadcasting service at the commencement of this Act,
    upon application to the Authority for authorization, is deemed to have the necessary

permission to continue its activities unless the Authority decides anything to the
contrary.
Classes of licences

  1. (l) Subject to the provisions of this Act, the Authority may, on such conditions as
    it may determine, issue a sound or television broadcasting service licence for a specified 5
    area in the following broadcasting service categories:
    (a) A public broadcasting service;
    (b) a commercial broadcasting service; and
    ( c) a community broadcasting service.
    (2) Subject to the provisions of this Act, the broadcasting licences are categorised in 10
    the following classes:
    (a) Free-to-air radio service;
    (b) free-to-air television service;
    ( c) satellite-free-to-air radio service;
    ( d) satellite-free-to-air television service; 15
    ( e) satellite-subscription televison service;
    (f) terrestrial-subscription television service;
    ( g) direct-to-home deli very service, including multi-channel satellite distribution;
    (h) local delivery service;
    ( i) cable television subscription service; 20
    (j) low power radio service; and
    (k) any other class of licence as determined from time to time.

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