Icasa faces firing squad

Johannesburg - Pressure is mounting on the beleaguered Independent Communications Authority of SA (Icasa) to review its "flawed" regulations on digital migration.

A National African Federated Chamber of Commerce-led (Nafcoc) consortium this week filed court papers against the authority one week after e.tv did the same.

The Nafcoc consortium first raised their concerns about the regulations a month ago when it questioned the authority's decision to allocate four additional digital channels to subscription channel, M-Net.

The challenge could potentially delay the implementation of Digital Terrestrial TV (DTT) in the country.

"We believe that all stakeholders are committed to the smooth roll-out of DTT and will work together to address any delays which may be caused by the recent legal actions on the DTT regulations," said Lara Kantor, chairperson of the Digital Dzonga Advisory Council. Dzonga has been appointed by the communications department to oversee the DTT migration process.

At the heart of the consortium's complaint is the charge of a "deeply flawed process" in the finalisation of the DTT regulations. The consortium claims it is being left out of the licensing processes because Icasa is allowing incumbent, M-Net, to maintain its monopoly in the market.

In a 37-page founding affidavit, the Nafcoc broadcasting consortium calls on the South Gauteng High Court to review and set aside the authority's decision to approve and publish the DTT regulations. According to the affidavit, the consortium is preparing an application for a broadcasting licence on the digital platform.

e.tv's application seeks to interdict and restrain and/or suspend the implementation of the regulations. Vasili Vass, e.tv general manager for communications, said the station wanted to ensure that "a strong, fair and properly considered regulatory framework" was put in place for the DTT migration.

Icasa councillor Robert Nkuna said the authority had received the consortium's papers. "However, we have our own internal discussions regarding differences and areas requiring clarification on DTT."

He said there might be some amendments made to the regulations for purposes of clarity.

"We do not need a lengthy court process for things that can be resolved. What is needed is to allow for an amendment process to take place, to engage all stakeholders and to come to a conclusion," Nkuna said.

- City Press