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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

3. Framework for Promoting Diversity and Competition on DTT

 

(1) Television broadcasting service licensees authorised to utilise capacity on Multiplex 1 or Multiplex 3 in terms of these Regulations must comply with regulation 3(2) of the Digital Migration Regulations.

 

(2) The digital broadcast of television broadcasting services in terms of these Regulations may be in Standard Definition Television (SDTV) mode or High Definition Television (HDTV) mode, or both.

 

(3) Capacity on Multiplex 1 and Multiplex 3 shall be assigned to television broadcasting service licensees by the Authority in order to promote diversity and competition on the DTT platform.

 

(4) Where any capacity in Multiplex 1 and Multiplex 3 which is assigned in terms of these Regulations to be used by a television broadcasting service licensee, is not being fully utilised for content provision by that licensee on the date thirty-six (36) months after the issue of the radio frequency spectrum licence in respect of the capacity in question, the unutilised capacity shall be forfeited.

 

(5) In the circumstances contemplated in subregulation (4), notwithstanding regulation 12(3) of the Radio Frequency Spectrum Regulations, the Authority shall, as soon as possible after the date contemplated in subregulation (4), amend the radio frequency spectrum licence issued to the television broadcasting service licensee to reflect the forfeiture of the unutilised capacity.