Mzansi TV, a community satellite television broadcaster that has been trying to obtain an operating licence to launch a free-to-air service for Gauteng since 2011, is taking legal action against the Independent Communications Authority of SA (ICASA).
The independent broadcaster, trading as GauTV, had expected to launch what would have been the first free satellite community channel dedicated to a singular province, towards the end of last year. However, ICASA refused the application following the hearings held in July.
According to Avhasei Mukoma, the attorney of record for Mzansi TV, an urgent review application will be launched against ICASA next week. Mukoma says, according to the Electronic Communications Act, ICASA is obligated to consider the application.
"The body is compelled to consider all applications and, if the applicant meets the requirements, they should award an operating licence. We are of the view that Mzansi TV meets the requirements.
"They say we need to apply for digital terrestrial television (DTT), but we say that we have the right to choose whichever licence we wish to."
Due consideration
ICASA spokesperson Paseka Maleka says the authority is not aware of any legal action on the matter.
He says reasons for the refusal of Mzansi TV's application were drafted and sent to the applicant, which had been given due consideration. "ICASA is an administrative body and is required to treat every application it receives in a very serious light. Whether or not the application is viable, all processes must be followed before any decision can be made, including, if any, subjecting an application to public consultation to assist the authority in making an informed decision on that application."
In its document outlining the application rejection, ICASA says community broadcasting needs to be "for the community, by the community and through the community". ICASA deemed Mzansi TV's proposed geographic area (Gauteng) as too limited for community members to "realistically exercise control" over the station.
ICASA also said the broadcaster's business plan was not realistic or feasible, and that it would not be in the interest of the public to have competing set-top boxes in the market during the digital illumination period. (GauTV, although free, would necessitate its own decoder.)
ICASA advised that Mzansi TV review its application and "wait for the DTT platform to become available".
Mukoma says Mzansi TV is ready to air and determined to pursue its case. Details of the application will be made available next week, he says.
Maleka says should Mzansi TV launch a legal case against ICASA next week, the authority will first have to study the court papers, before making any determination on how to proceed.
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