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

Regulations

Promotion of Diversity and Competition on Digital Terrestrial Television Regulations, 2014

5. Multiplex allocation - Multiplex 3

 

(1) The capacity on Multiplex 3 shall be allocated as follows—
(a) Up to forty-five per cent (45%) of the available capacity on Multiplex 3 shall be assigned to one or more commercial subscription television broadcasting service licensees pursuant to one or more invitations to apply for a radio frequency spectrum licence issued in terms of regulation 7 of the Radio Frequency Spectrum Regulations;
(b) Up to fifty-five per cent (55%) of the available capacity on Multiplex 3 shall be assigned to one or more commercial free-to-air television broadcasting service licensees pursuant to one or more invitations to apply for a radio frequency spectrum licence issued in terms of regulation 7 of the Radio Frequency Spectrum Regulations.

 

(2) A television broadcasting service licensee that is assigned capacity on Multiplex 3 in terms of subregulation (1) may use its capacity on Multiplex 3 for the digital broadcasting of—

 

(3)

(a) any digital channels, which the television broadcasting service licensee is authorised to provide, in accordance with the procedures set out in these Regulations; and
(b) subject to regulation 7(2), radio channels and data services.

 

(3) Any person, other than a television broadcasting service licensee or terrestrial television broadcasting service licensee, may apply to the Authority in accordance with the Processes and Procedures Regulations [and regulation 35(4) of the Radio Frequency Spectrum Regulations] for a special temporary authorisation to conduct services on a test or trial basis using up to ten per cent (10%) of the available capacity on Multiplex 3, provided that no test or trial services shall be conducted after 31 December 2014, or such later date as may be set by the Authority by notice in the Gazette.