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Electronic Communications Act, 2005 (Act No. 36 of 2005)

Regulations

Amendment Standard Terms and Conditions for Class Licences, 2021

Schedule 1 : Class Broadcasting Licences

10A. General Obligations of Licensees

 

(1) A Licensee must:
(a) inform the Authority, in writing, within fourteen (14) days of any judgment or judgements given in a court of law against it; and
(b) any conviction in respect of an offence involving dishonesty of any of its directors or senior managers.

 

(2) A Licensee must keep the following records, in accordance with the template determined by the Authority and provided to the Licensees, relating to its broadcasting activities and provide same to the Authority on a quarterly basis:
(a) a log of all advertisements broadcast;
(b) a log of the percentage of air-time per hour allocated to advertisements;
(c) a log of all sponsorships received for programmes, news, game shows, welfare activities or similar programming together with details of payment, financial or otherwise, received for such sponsorship; and
(d) a log of programmes broadcast.

 

(3) A station must clearly identify itself at intervals of not more than fifteen (15) minutes.

[Regulation 10A(3) substituted by section 9.1 of Schedule 1 of Notice No. 131, GG44328, dated 25 March 2021]

 

(4) A Licensee must use profit and other income for the promotion of its broadcasting activities and in the service of its community.

 

(5) A licensee must not pay a dividend to any of its board members, directors, trustees, management and staff. This, however, does not stop or prohibit a payment in good faith of reasonable remuneration for a service rendered to the Licensee.

 

(6) A Licensee must furnish to the Authority, for every completed one (1) year of its license or upon a written demand by the Authority, the name, address and contact details of the donors together with the details of the amount donated by such donors.

 

(7) Ownership and Control of Community Television and Community Radio:
(a) a Licensee must be owned by the community members with the Board of Directors as custodian of the licence.
(b) a Licensee must encourage the community within its coverage area to participate in ownership, management of television station or radio station.
(c) a Licensee  must be managed by person(s) tasked by the Board of Directors to ensure the licensee's daily operation. However, this exclude a private company since a community television or class sound community radio is non-profit.
(d) The Board of Directors/Trustees and station management must not occupy dual roles with regard to being managers/presenters at the radio station.

 

(8) The programming of community television or community ratio must meet the needs of community members within its broadcasting coverage area by encouraging the following:
(a) The participation of community within its coverage area in the production of contents; and
(b) the majority of content produced must be from the coverage area. This is to ensure that involvement of content producer(s) outside the coverage area is limited as to enable the reflection and participation of local producers.

 

(9) If a licensee decides to employ the services of a content producer(s) outside the coverage area, it must be relevant to the community and must include community members’ inputs through community structures such as membership or listeners’ associations or viewers’ associations.

 

(10) The broadcast of pre-recorded material must not exceed 20% of the Licensee’s live programming.

[Regulation 10A(10) substituted by section 9.2 of Schedule 1 of Notice No. 131, GG44328, dated 25 March 2021]

 

(11) The programme syndication/networks or programme sharing must not exceed 20% of the licensee's original programming.

 

(12) If a licensee intends into entering into a management agreement with another entity. Attach details and nature of the agreement, including timelines. Should a management agreement's time line lapse, if and when renewed, such must first be lodged with the Authority.

 

(13) Submission of information for the annual compliance report must be in line with the relevant Compliance Procedure Manual Regulations or Guidelines and Licence Terms and Conditions.

 

(14) The following persons (office bearers) are prohibited from playing any role in the Board, Management and staff of a community sound broadcasting service:
(a) Members of the Local Executive Committees of political parties, the youth affiliates and women affiliates of political parties, and any organization that is in an alliance with a political party;
(b) Members of the Regional Executive Committees of political parties, youth affiliates, women's affiliates of political parties and any organization that is in an alliance with a political party;
(c) Members of the Provincial Executive Committees of political parties, the youth wings, women's wings of political parties and any organization that is in alliance with a political party;
(d) Councillors;
(e) Mayors;
(f) Members of the Provincial Legislatures; and
(g) Members of Parliament.

 

(14A) The Board of Directors/Trustees and Station Management must not occupy a dual role with regard to being members of the Board, Trustees, Managers and simultaneously being presenters at the radio station.

[Regulation 10A(14A) inserted by section 9.3 of Schedule 1 of Notice No. 131, GG44328, dated 25 March 2021]

 

(15) No person may occupy the role of Management, Director or Trustee in more than one station unless the person concerned is from the same Licensee.

[Regulation 10A(15) inserted by section 9.3 of Schedule 1 of Notice No. 131, GG44328, dated 25 March 2021]

 

[Regulation 10A inserted by regulation 7 of Schedule 1 of Notice 155 of 2016]