Local mobile operators wishing to offer live TV to their subscribers might not require a broadcasting licence, according to a new discussion paper from attorney Lucien Pierce, at Phukubje Pierce Masithela.
Mobile TV, along with other new media services (such as Internet Protocol TV) is not subject to the limited resource of frequency spectrum, which Pierce argues is a key point.
"The Independent Communications Authority of SA (ICASA) has been known to be robust when it comes to promoting the use of new media. In one of its most significant rulings, ICASA exempted those providing wireless hotspot Internet access from requiring licences," he notes.
"Nothing is stopping ICASA from taking a similar approach with regard to mobile TV, and there is precedent for this in other parts of the world," he says. In 1999, he explains, the Canadian radio-television and telecoms commission took a progressive approach by issuing an order exempting all new media broadcasting from regulation - meaning no licences were required.
Fast-tracking
Pierce says instead of going through a licensing process that could take as long as two years, ICASA could hold an enquiry similar to the "hotspot" enquiry.
This, he argues, would quickly establish whether new media such as mobile TV should be exempted from the licensing provisions of the Electronic Communications (EC) Act, Broadcasting Act and other relevant legislation.
"Disposing of the regulatory uncertainty long before 2010 is a commercial imperative for potential service providers," he says, pointing to recent research indicating those using mobile TV services worldwide will grow from 6.4 million to 500 million by 2010.
Environment
SA has no legislation or regulations that are specific to mobile TV. "Current legislation will, therefore, impact on the two constituent components of mobile TV provision: telecommunications and broadcasting," explains Pierce.
Both of these components are regulated by ICASA under the Broadcasting Act of 1999 and the EC Act of 2005.
On the telecommunications component, cellphone companies licensed under the Telecommunications Act of 1996 will be issued with electronic communications network service licences - permitting them to carry an encoded television content stream on their wireless networks.
"This aspect of the licensing process is quite straightforward," he notes.
However, if ICASA decides not to exempt cellular operators from licensing requirements, they will have to apply for a broadcasting licence under the Broadcasting Act, and also apply for a licence under another section of legislation called the Independent Broadcasting Authority Act.
In summary, Pierce argues cell operators should hope ICASA exempts licensing, or issues an invitation to apply for broadcasting licences very soon.
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