SECTOR 3 Broadcasting regulation is transparent and independent; the state broadcaster is transformed into a truly public broadcaster. 3.1 Broadcasting legislation has been passed and is implemented that provides for a conducive environment for public, commercial and community broadcasting. The Electronic Communications Act (ECA) 2006 and the earlier Broadcasting Act of 1999 provide for a three-tier broadcasting system – public, commercial and community. Both emphasise the importance of diversity of content and ownership and stipulate that all broadcasting services must be “responsive to the needs of the public” (EC Act). There are a number of issues, however, that the current legislation did not consider. Community broadcasting was still in its fledgling state when the Broadcasting Act came into force and the definition of community broadcasting seems to be inadequate today. Similarly the Electronic Communications Act is not clear or specific enough on community ownership structures or control and does not set out mechanisms for community stations to be accountable to their communities. There are also many issues around governance, funding, community access, involvement and participation in programming which need to be addressed. Besides the three SABC television stations e.tv is still the only commercial freeto-air television station. The two major subscription services available - MNet and DSTV –shared the market and enjoyed a quasi-monopoly until early 2010 when TopTV began to provide a limited cheaper bouquet aimed at lower income groups. 42 AFRICAN MEDIA BAROMETER SOUTH AFRICA 2010