Please follow the Areas of Practice Sitemap for alternative navigation.
Bowman Gilfillan has advised the IBA and Independent Communications Authority of South Africa (ICASA) on a number of applications for the amendment of broadcasting licences in terms of section 52 of the IBA Act
Home page of Bowman Gilfillan - Corporate Law Firm and Attorneys in Africa   Profile of one of the largest law firms in Johannesburg, South Africa, which provides law services and legal expertise   Partner profiles of one leading commercial, financial and corporate law firms in South Africa   Practice areas of Bowman Gilfillan which includes Corporate, Commercial, Financial, Employment Law, International Law, Intellectual Property, Litigation, Arbitration, Dispute Resolution, Maritime, Transport, Real Estate and Conveyancing services   Law articles and legal publications for legal advice   Careers in Law at Bowman Gilfillan Recent Deals and Matters that Bowman Gilfillan has assisted companies in Black Economic Empowerment (BEE) and Transformation policy of Bowman Gilfillan   Pro Bono work by lawyers | attorneys in South Africa Information on Africa Group which provides cross border legal services and international law services throughout Africa and focuses on corporate, financial and commercial law   Online services for the law and legal industry including free electronic law newsletters, Intellectual Property Portfolio Management software and our Promotion of Access to Information Manual
Search the Site
  Contact the Johannesburg, Cape Town or London Offices of Bowman Gilfillan AttorneysUse the Site Map to navigate the site  
    RSS Feeds  Podcasts Display English content Display Chinese content
     
Introduction to the regulation of telecommunications and broadcasting in South Africa
Broadcasting services in South Africa, categories of broadcasting licenses and Bowman Gilfillan’s expertise in the broadcasting sector
Bowman Gilfillan’s telecommunications experience, telecommunications service providers in South Africa, categories of telecommunications licenses etc
Internet and e-commerce services
Articles and Publications of the Broadcasting and Electronic Communications practice area
Members of the Broadcasting and Electronic Communications practice area
Contact the Broadcasting and Electronic Communications practice area
 
Areas of Practice | Law
 
Braodcasting and Communications Lawyers advising on all aspects of Telecommunications and Broadcasting Laws including licensing, licensing conditions, broadcasting service licences etc.
 

LICENSING OF BROADCASTING SERVICES

Broadcasting services are required to be licensed in terms of the Electronic Communications Act 36 of 2005 (the EC Act).  Such services are licensed separately from electronic communications services.  The networks over which broadcasting and electronic communications services are provided are also required to be licensed in terms of an electronic communications network service licence issued under the EC Act.

The Broadcasting Act 4 of 1999, which also regulates broadcasting activities, distinguishes between public, commercial and community broadcasting services.  These broad categories of broadcasting services are divided into the following sub-categories:

  • free-to-air broadcasting services
  • terrestrial subscription broadcasting services
  • satellite subscription broadcasting services
  • cable subscription broadcasting services and
  • any other class of licence prescribed by ICASA from time to time.

 

BROADCASTING SERVICES

The SABC currently holds a public free-to-air broadcasting service licence, authorising it to provide three television channels (SABC1, SABC2 and SABC3) and various sound broadcasting services including 5fm, Metro FM, Radio 2000 and SAFM among others. Electronic Media Network Ltd (M-Net) holds a private terrestrial subscription broadcasting service licence, authorising it to provide national pay television services.

Midi TV (Pty) Ltd is the holder of a free-to-air broadcasting service licence, and it operates a national service known as e-tv. Trinity Broadcasting Network currently holds the only community television broadcasting service licence, in terms of which it provides a free-to-air religious service in parts of the Eastern Cape Province.

To date, ICASA has issued approximately 90 four-year community sound broadcasting licences in nine provinces.

MIH Holdings Limited, through MultiChoice Africa, operates a subscription satellite broadcasting service in terms of a deemed permission to continue under the Independent Broadcasting Act 153 of 1993 (the IBA Act), which has now been repealed.  ICASA initiated a licensing process for the award of further subscription satellite and cable broadcasting services in 2006.  [It is anticipated that this licensing process may be delayed pending the digital switchover when all analogue services will be migrated to digital frequencies.]  

 

BOWMAN GILFILLAN’S EXPERIENCE

Bowman Gilfillan has been advising ICASA (and its predecessor-in-law, the Independent Broadcasting Authority (the IBA)) on all areas of broadcasting law since 1997. Bowman Gilfillan advised the IBA on all aspects of the process that culminated in the award of the first private free-to-air terrestrial television licence to e-tv. Through our experience in acting as attorneys to the IBA and ICASA, we have gained extensive knowledge and expertise in relation to all aspects of the broadcasting regulatory regime.

We have the following experience in respect of the drafting of licence conditions for broadcasting licensees:

  • We drafted the licence conditions for e-tv pursuant to the award of the first private free-to-air terrestrial television service licence to it in 1998. We also drafted its revised licence conditions after the amendment of its licence in December 1999 and again in February 2003.
  • We advised ICASA on amendments to M-Net’s licence conditions pursuant to its application, considered by ICASA during June 2002, for the renewal of its subscription television broadcasting licence in terms of section 44 of the IBA Act.

 

Bowman Gilfillan has advised the IBA and ICASA in respect of a range of licensing processes including:

  • The process for the licensing of community sound broadcasting services in Gauteng in 2004.
  • The licensing of sound broadcasting services in secondary markets which was finalised in April 2007.

Bowman Gilfillan has advised the IBA and ICASA on a number of applications for the amendment of broadcasting licences. These projects include the following:

  • the application, considered by the IBA during June 1999, by Umoya Communications (Pty) Ltd for the amendment of its private sound broadcasting service licence in respect of Radio Algoa;
  • the application, considered during August 1999, by Radio Jacaranda (Pty) Ltd for the amendment of its private sound broadcasting service licence;
  • the application, considered during August 1999, by Kaya FM (Pty) Ltd for the amendment of its private sound broadcasting service licence insofar as it relates to its shareholding structure;
  • the application, considered during November and December 1999, by Midi TV for the amendment of its free-to-air terrestrial commercial television licence;
  • the application, considered by ICASA during August 2000, by KFM (Pty) Ltd for the amendment of the ownership and control provisions of its private sound broadcasting service licence;
  • the application by P4 Radio Durban (Pty) Ltd and P4 Radio Cape Town (Pty) Ltd, considered in July 2001, for changes to their shareholding structures which would have allowed New Africa Media (Pty) Ltd to acquire control of those commercial radio stations;
  • the applications, considered during January 2002, by East Coast Radio (Pty) Ltd, Jacaranda FM (Pty) Ltd and Radio Oranje (Pty) Ltd for the amendment of their shareholding structures;
  • the application, considered during October 2002, by Midi TV for the amendment of its free-to-air terrestrial commercial television service licence;
  • the application brought by Primedia (Pty) Ltd in respect of the sound broadcasting licence held by Radio 702.

Bowman Gilfillan has advised ICASA on the following applications for the renewal of broadcasting licences in terms of section 44 of the IBA Act:

  • the application by Primedia Broadcasting (Pty) Ltd for the renewal of its private sound broadcasting licence in respect of Radio 702, which application was considered during February and March 2000;
    the application by M-Net, considered by ICASA during June 2002, for the renewal of its subscription television broadcasting licence; and
  • the SABC’s application for the renewal of its public sound and television broadcasting licences, which came before ICASA in December 2003 and January 2004.
  • the application brought by Trinity Broadcasting Network for the renewal of its community television broadcasting licence, which was considered by ICASA in July 2006 .

Bowman Gilfillan has also represented the IBA and ICASA in High Court judicial review applications brought against them in respect of several of their decisions regarding licence applications and the imposition of licence conditions, including:

  • Radio Islam’s unsuccessful attempt, in November 1997, to obtain an urgent interdict against the IBA and the Broadcasting Monitoring & Complaints Committee (BMCC);
  • Voice of Soweto’s unsuccessful application, in January 1998, for an order reviewing and setting aside the IBA’s decision to refuse its application for a temporary community sound broadcasting licence;
  • Radio Islam’s application, in August 1998, for an order reviewing and setting aside the IBA’s decision to refuse its application for a temporary community sound broadcasting licence, which application was settled on terms favourable to the IBA;
  • Radio Islam’s application, in October 1998, for an urgent interim interdict against the IBA;
  • Radio Hoogland’s application, in June 1999, for an urgent interim interdict against the IBA;
  • Kingdom Radio’s unsuccessful attempt, in December 2000, to have ICASA’s decision regarding the Capital Radio licence reviewed and set aside;
  • Trinity Broadcasting Network’s unsuccessful attempt, in December 2002, to have ICASA’s decision regarding the amendment of its licence conditions reviewed and set aside, as well as its subsequent appeal to the Supreme Court of Appeal;
  • Radio Pretoria’s unsuccessful attempt, in January 2003, to have ICASA’s decision regarding its application for a temporary community sound broadcasting licence reviewed and set aside, as well as its subsequent appeal to the Supreme Court of Appeal;
  • Good News Community Radio’s application to have ICASA’s decision to refuse its licence application reviewed and set aside and its subsequent application for leave to appeal to the Supreme Court of Appeal;
  • several other review applications (including applications by Radio Kingfisher, Link FM, Campus Bay FM and Radio Pretoria) in respect of the Authority’s decisions regarding applications for community sound broadcasting licences.

 

In addition, Bowman Gilfillan has been involved in the following other projects for and on behalf of ICASA in the broadcasting law arena:

  • the drafting of reasons for ICASA’s decisions on a wide variety of matters arising from the exercise of its regulatory powers in the broadcasting field;
  • representing ICASA at hearings by the BMCC in respect of broadcasting licencees’ failure to comply with their licence conditions, including:
    • the hearing, held in September 2000, in respect of the alleged failure by Midi TV to comply with its licence conditions in respect of local productions; and
    • the hearing, held in October 2000, in respect of the failure by Midi TV to comply with its licence conditions relating to its control and empowerment structures;
  • drafting regulations on:
    • the regulation of broadcasting activities during the course of local government elections;
    • advertisements and infomercials.
 
 
 
 
 In association with
Coulson Harney Advocates
 Nairobi, Kenya
Member of     and    The Global Compact - Click for more information
Copyright © 2007 All rights are reserved
Terms and Conditions