Independent Communications Authority of South Africa (ICASA) on its state of readiness for Digital Migration

Meeting report

ICASA Councillor Willie Currie presented ICASA’s state of readiness for Digital Migration. ICASA would repeal the 2010 Digital Migration regulations in light of the recent amendment by the Minister. DVB-T2 was to be the standard for Digital Migration as per the new amendment which also outlined a new timetable for the Migration process. This would double the capacity and the number of channels for SABC, eTV and MNET. ICASA aimed to complete the Normal 0 digital terrestrial television (DTT) regulations by December 2011.

Minutes
Mr N Van den Berg (DA) said it was a very brief presentation yet it contained a wealth of information. He asked why Councillor Currie said the SABC, Mnet and E-tv would ‘have a heart attack’ when they heard the presentation, were they not prepared for the Digital Migration process? Normally hospitals moved patients from the ward to the ICU and then into the fridge. He said the SABC was already in the ICU… [inaudible]. 

Councillor Currie replied his statement at the start of the presentation was not intended as a commentary on the health of the SABC. Unfortunately the SABC, Mnet and E-TV would now receive less than they had hoped for because ICASA opted to make provision for possible future television channels that might make additional frequency demands on the system. This Digital Migration process would only affect television channels and not radio stations.

Ms W Newhoudt-Druchen (ANC) asked what the term ‘dual illumination’ meant and whether Digital Migration would require any changes to older televisions or radios that many in the community might use. She asked if Digital Migration would improve the reception of television channels in the Northern Cape, an area which had suffered poor reception in the past.

Councillor Currie replied that dual illumination referred to television channel broadcasting in both the analogue and digital medium.

Ms S Tsebe (ANC) agreed that it was a short presentation but wondered if the Committee was given a full appreciation of the information contained in it. She asked what ICASA’s role was in the manufacturing of the Set Top boxes.

Councillor Currie replied that the Joint Spectrum Advisory Committee was a stakeholder body which gave input on the technical dimensions for the production of Set Top boxes. The SABS-approved production of the Set Top boxes was not in the hands of ICASA, they simply participated in the process.      

Ms Newhoudt-Druchen asked what SANS meant.

Councillor Currie explained the SANS 862 was the South African National Standard number 862. This was simply part of the naming protocol of the SABS (South African Bureau of Standards).

Mr Van Den Berg asked if ICASA was satisfied with its regulatory preparation for Digital Migration, and if all television stations were made aware of their obligations under the new regulations. She asked if additional regulatory obligations would prolong the annual licensing process.

Councillor Currie replied that ICASA planned to publicise the regulations for public comment by 30 September, this would be followed by a 30 day window for public submissions followed by public hearings in October. ICASA hoped to finalise these regulations by December. Naturally the input received from various stakeholders might result in changes to these regulations.

He said the final international deadline for this migration process was 2015, in his personal view the deadline of 2013 was a means of putting pressure on all parties to hasten their migration processes and still left two years for ‘wiggle room’ in the event that things did not go entirely as planned. 

Ms J Killian (Cope) asked what the delay was in the Multichoice digital launch. She added the timeframe set for the approval of these regulations seemed very tight.

Councillor Currie replied that MNet wanted to launch digital television in August and ICASA had advised them against it as these regulations, as per the Ministerial amendment, were still being drafted. If MNet had launched at that time it would have been in breach of the regulations currently before this Committee.

Ms T Ndabeni (ANC) asked when the moratorium on licensing new community television channels would be lifted. She asked if the new regulations would streamline the licence application process for new television channels and, if not, what could be done to streamline this process.

Councillor Currie said there was no moratorium on the licensing of community television and it was open for applications. ICASA welcomed input from its stakeholders and if broadcasters had any proposals on improving the licensing process such proposals would receive strong consideration.

Ms R Morutoa (ANC) asked for more information on the quality of the Set Top boxes being produced.

Councillor Curry said SABS was developing the technical specifications for Set Top boxes, and they were looking at international examples to guide this process, ICASA was simply a participant in this process. If the standards were finalised in December as ICASA hoped, the type approval would be done by January.

Mr Kholwane commented that during Committee interactions with citizens, they were often informed that the regulator (ICASA) had said there was a moratorium on licensing new community television stations. He joked that since ICASA had said in this meeting there was no moratorium, he was unsure to which regulator people were applying.

Ms Newhoudt-Druchen asked what ICASA did from a regulatory perspective to ensure people with disabilities were given access to this new technology. And would the new digital medium allow captioning via remote control.

Councillor Currie replied that the SABS would approve the Set Top boxes based on their standards and captioning was part of this Type Approval.

Councillor Currie said, “We don’t have a moratorium on television channels.”

Mr Kholwane asked what input ICASA, as a regulator, provided in respect of accommodating people with disabilities. 

Councillor Currie replied that the ICASA representative working with the SABS made sure that the necessary steps were taken to ensure people with disabilities were accommodated.

Mr Van Den Berg asked what would happen in the event that the telescope South Africa was applying for was instead awarded to Australia. What impact would these new regulations have on other Southern African countries. He asked how these new regulations compared against international standards.

Councillor Currie replied that whether South Africa was awarded the SKA telescope or not it would not affect the digital migration process. South Africa was working closely with other SADC countries to harmonise their regulatory regimes and he referred to a meeting in Luanda in the near future as evidence of this cooperation.
He said South Africa did study the international regulatory regime but ultimately these had to be customised to the South African environment.

Mr Kholwane said there was never certainty in regulatory processes, as parties could challenge the regulations through the judiciary which could delay the implementation of regulation for years.   

Councillor Currie said ICASA was taking measures to avoid any possible legal challenges to these regulations but agreed that ultimately parties had a right to refer them to the judiciary.

Mr Kholwane asked if Sentech was in line with these regulations and how they would impact on Sentech.

Councillor Currie replied that he foresaw no impact on Sentech.

Mr Kholwane asked if encryption was a Department of Communications or a regulatory concern.

Councillor Currie replied that encryption was not within ICASA’s scope.

Mr Van Der Berg asked if ICASA was 100% prepared for the digital migration process.

Ms Muthambi asked if the moratorium would be reviewed once additional frequency capacity was gained.

Councillor Currie replied that there was no moratorium on community television.

Ms Muthambi said ICASA should please check its website.

Mr Kholwane said the communities consistently informed the Committee that there was a moratorium in place. He asked ICASA what was contained in Government Notice 2828 of 2010. “My problem is you don’t seem to know what you are talking about. Now you say: I will check maybe. The problem is once you do that, how much more must we believe in your presentation, it brings your credibility down….This notice was written by you, it’s a shame.” 

He asked if the Committee could inform communities that ICASA was officially withdrawing Notice 2828 of 2010 (stating there a moratorium on new television channels). 

Ms Killian asked for ICASA’s commitment that it would inform the Committee of any deviations from the tight timeline they had committed themselves to.
 
Mr Van Der Berg said the Committee should give ICASA more credit, as he understood that no moratorium was in effect and perhaps it was a simple misunderstanding. “You are being too harsh, Mr Kholwane.”

Mr Kholwane said he was just quoting Notice 2828 on the ICASA website and he was not being harsh.

Ms Muthambi mused what other notices ICASA had not seen.

The meeting was adjourned.