Subscribe
  • Home
  • /
  • Hardware
  • /
  • Etv's legal wrangle to 'paralyse' digital migration

Etv's legal wrangle to 'paralyse' digital migration

Nicola Mawson
By Nicola Mawson, Contributor.
Johannesburg, 14 Apr 2015
Communications minister Faith Muthambi's Broadcasting Digital Migration policy is contradictory, argues etv.
Communications minister Faith Muthambi's Broadcasting Digital Migration policy is contradictory, argues etv.

Free-to-air broadcaster etv is again taking the communications minister to court over set-top box controls in legal action reminiscent of its 2012 court victory. However, analysts argue this bid could "paralyse" digital migration for at least another year.

In a statement issued today, etv said it would file an application in the North Gauteng High Court asking that minister Faith Muthambi's latest iteration of the Broadcasting Digital Migration policy be amended to protect free-to-air broadcasters.

Etv wants the court to set aside a provision in the policy that says government-subsidised set-top boxes (STB) will not have the capability to encrypt broadcast signals. It also wants an amendment to the provision that says the control system will not be mandatory.

COO Mark Rosin argues the policy goes against previous Cabinet statements that government respects the "right of individual broadcasters to decide for themselves whether to encrypt their signals".

Communications acting DG Norman Munzhelele says he cannot comment on etv's legal bid as he has not seen the court papers.

Etv's legal manoeuvre is not the only wrinkle in migration, as the Universal Service and Access Agency of SA has asked bidders for subsidised boxes to provide more information on their tenders, which will also push out migration.

Second court move

The broadcaster's legal argument is based on a 2012 decision in which acting judge Gerrit Pretorius of the South Gauteng High Court ruled former communications minister Dina Pule's decision to allow Sentech to handle set-top box controls was "unlawful and of no force" and set it aside. This had the effect of stalling digital migration, with broadcasters at loggerheads over controls - an impasse previous minister Yunus Carrim tried, and failed, to solve.

Government's ultimate solution to the impasse was the recently-published policy. Under this gazette, Muthambi mandated there would be a control system to stop subsidised boxes working on non-SA networks, and this "robust" control system will benefit those who own TVs because it will ensure they continue to receive free-to-air broadcasts. However, this control system does not amount to encryption.

Yet, argues etv in a statement, the 2012 ruling precludes the minister from making decisions on certain key critical technical issues that affect free-to-air broadcasters. "Etv considers it essential that it be able to encrypt its broadcast signal primarily because this would prevent non-compliant STBs from receiving digital broadcast signals, thereby ensuring a uniform and reliable viewer experience. Without a fully conformant platform, broadcasters such as etv would, in the future, likely be unable to provide broadcasts in high-definition," it argues.

Rosin notes the provisions are contradictory as one "purports to allow broadcasters the right to make their own decisions on the question of encryption," while the next provision "renders this right entirely nugatory and meaningless".

Stalled again

Ovum analyst Richard Hurst says etv's move is "disheartening" because all these issues should have been ironed out some time ago. He says its bid will delay the entire process by at least a year, which will push out any benefit SA could gain from the digital dividend.

Moving off analogue television - which has an international deadline of 17 June - will free up much-needed spectrum that mobile operators want in order to roll out long-term evolution to rural areas. This so-called digital dividend will also help SA meet its target of ubiquitous broadband by 2020.

Hurst says should the case go ahead, it will "create even more legal wrangles". While he understands etv's need to ensure migration is done right, because of what is at stake for broadcasters and telecoms operators, he says its bid will "paralyse" migration.

BMI-TechKnowledge analyst Brian Neilson adds the legal bid is "just one ongoing saga in a sad story". He is hopeful the courts will decide etv's filing is without merit and throw it out so that migration is not held up further.

Neilson had hoped the latest gazette had resolved the impasse, but is not surprised a legal move has been made by one of the stakeholders. "We must get on. We need the spectrum; there can't be anymore stalling by interest groups."

Etv adds it accepts it is important the digital migration process begins and concludes as soon as possible so that the benefits can be realised.

Share