Analysis of the Broadcasting Services Amendment Bill

		

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services that make use of the spectrum for licences to provide the broadcasting services or
systems specified in the notice.
(b) by the repeal of subsection 6 and substitution of the following—
“(6) Save for community radio broadcasting services every applicant for a licence to provide
a broadcasting service that requires allocation of the frequency spectrum shortlisted in
terms of subsection
(5) shall be required to attend a public inquiry conducted by the Authority for the purpose of
determining his or her or its suitability to be licensed at a time and place to be determined
in a written notice to such applicant.
The stipulation of a timeframe wherein the Authority is to issue a call for invitations from
prospective license holders– at least once a year is progressive.
However, the implication of this provision still grants the regulator too much power – no
citizen can be licensed without the regulator taking the initiative to grant licences.
Considering recent technological advancements and digital migration in the broadcasting
sector, the condition stipulated under this section of the BSA, for the Authority to extend
invitations to potential broadcasters “subject to the availability of the band spectrum” is now
redundant.
It could be used as a simple excuse to stall the diversification of the broadcasting sector and
should, therefore, be removed.

Amendment of Section 10 (6)
The requirement for those who want a broadcasting service licence to attend a public inquiry
conducted by the authority for the purpose of determining his or her or its suitability to be
licensed at a time and place to be determined in a written notice to such applicant” – is
problematic.
There is no prescribed measurement tool (criteria) for establishing suitability, nor is there
a legal requirement for BAZ to publicise candidates’ performance and how the grading
would be determined. Consequently, BAZ can easily manipulate the process so that only
those favoured by the authorities receive licences. The Act should compel BAZ to publish its
criteria, scoring template, and scores for public scrutiny.

Amendment to Section 30
Section 30 (“Objects of fund”) of the principal Act is amended by the insertion of a new
paragraph after (i) as follows—
(j) to promote the establishment and sustenance of community broadcasting services.
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