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. When the Communications Regulatory Act was enacted in November 2012, it replaced the Botswana Telecommunications Act of 1998. From a licensing perspective, the Broadcasting Act of 1998, provided for private, community and public broadcasting services, whilst the 2012 CRA does not include community broadcasting, and has replaced public broadcasting with state broadcasting. In addition, the new Act abolished the National Broadcasting Board (NBB) and replaced it with the Botswana Communication Regulatory Authority (BOCRA). The Act was designed to improve regulation. “Instead of addressing state media and the licensing of community broadcasters, the consultation process resulted in an Act which abolished community broadcasting. It has a clause about the minister and regulation of state media and is very clear that this regulatory authority will be regulating commercial media. So we don’t have hopes, given the current legislation, of having community broadcasters or public service broadcasting.” An attempt by the University of Botswana to get a licence for a radio station on campus was turned down, on the basis that there were no provisions for it under the current legislation. We tried to get it under ‘community’, but they had reservations in licensing the university as a community broadcaster. “The problem is not operational. You can come up with an original radio station. The problem is with BOCRA, which issues licences. It’s a very grey area. So you don’t apply, you wait for BOCRA to call for submissions for radio station licences.” 44 AFRICAN MEDIA BAROMETER Botswana 2014