The communications department will oppose broadcaster Etv’s application for leave to appeal the 30 June analogue switch-off deadline, says minister Khumbudzo Ntshavheni.
This, after the broadcaster approached the Constitutional Court on an urgent basis to appeal the Pretoria High Court judgement.
Etv’s latest legal challenge follows last month’s ruling by the High Court to postpone the analogue switch-off from 31 March to 30 June.
In a statement issued by her department, Ntshavheni says the “department will oppose the application for leave to appeal the High Court [judgement] by Etv as the last hurdle towards the release of digital dividend".
The minister adds: “Any delay in accessing the digital dividend through protracted and unmerited court challenges such as that of Etv seek to perpetuate digital exclusion and furthers the marginalisation of the poor and majority of our people residing in rural areas.
“The department will work to complete the analogue switch-off as per the High Court order to ensure the country can move to enjoy the digital dividend for the benefit of all South Africans, in particular the poor and those in rural areas who remain excluded due to the digital divide.”
Ntshavheni’s Department of Communications and Digital Technologies is charged with overseeing implementation of the crucial digital migration programme.
The department planned to shut down the country’s analogue TV signals, which would mark the end of dual-illumination in SA, on 31 March.
However, the decision was legally challenged by free-to-air broadcaster Etv, joined by community TV channels as well as the civil society campaign #SaveFreeTV.
Etv argued the move to switch-off analogue TV signals at the end of March will kill the businesses of free-to-air broadcasters.
The Pretoria High Court ordered a postponement of analogue switch-off by only three months, to 30 June, ruling against most of Etv’s applications.
After missing the International Telecommunication Union-mandated June 2015 migration deadline and numerous self-imposed deadlines, the DCDT is in a rush to conclude the digital migration process.
South Africa’s digital migration is important because it will make available the sub-1GB (800MHz-700MHz) spectrum that’s occupied by analogue TV signals to be freed up.
Legal challenge averted
In the same statement, the minister welcomes the out-of-court settlement reached between the Independent Communications Authority of South Africa (ICASA) and Telkom.
ICASA announced yesterday it had reached an out-of-court settlement with telecoms company Telkom, bringing an end to the High Court litigation over the licensing of high-demand spectrum.
As a result of this settlement, Telkom will not pursue the litigation which was set for 11 to 14 April, comments Ntshavheni, expressing her appreciation to the leadership of both Telkom and ICASA for prioritising the interests of the country.
“I have always been confident about the prospects of parties finding each other out of court,” she says.
“I have expressed this view when Telkom launched its case against the ITA [invitation to apply] for the International Mobile Telecommunications (IMT) spectrum auction. Recently, I indicated to the Portfolio Committee of Communications in Parliament that the engagements between the two parties will yield desirable results for the benefit of the country. This important settlement clears the path for the release of the IMT spectrum.”
According to the minister, the settlement brings the country one more step closer to the availability of IMT spectrum licences by 1 July, as per the ICASA recently released roadmap.
“The release of spectrum to the industry will help our country to bridge the digital divide necessary to catapult socio-economic development of our beloved country for the benefit of all the people of South Africa,” she concludes.
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