Our Team

1. PRESENTATION TO THE PARLIAMENTARY PORTFOLIO COMMITTEE ON SCIENCE AND TECHNOLOGY ON THE ASTRONOMY GEOGRAPHIC ADVANTAGE BILL [B17-2007] 31 July 2007 1

2. Dan Moyane NAB Chairperson Johann Koster Executive Director Dimakatso Qocha Deputy Executive Director Lynn Mansfield Chair Technical Committee Assisted by: Linden Petzer Our Team 2

3. NAB is the leading representative of South Africa's broadcasting industry NAB aims to further the interests of the broadcasting industry in South Africa by contributing to its development NAB has a long history of participating in legislative and regulatory processes affecting the broadcasting industry Our Credentials 3

4. the three television and the 18 radio stations of the public broadcaster, the South African Broadcasting Corporation all licensed commercial free to air radio and television broadcasters all licensed commercial subscription broadcasters both the common carrier and the preferential carrier licensed signal distributors over 30 community radio and television broadcasters NAB Members 4

5. NAB, in principle, supports the objects of the Bill in so far as the Bill seeks to: provide measures to advance radio astronomy in South Africa develop the skills, capabilities and expertise of persons engaged in astronomy in South Africa provide a framework for the establishment of astronomy advantage areas NAB Support for Bill 5

6. NAB supports the SKA bid: foreign direct investment and job creation opportunities that will arise will be of enormous benefit to South Africa NAB Support for SKA Bid 6

7. Constitutional issues Legal & regulatory issues Impact on universal service Impact on broadcasters Impact on listeners and viewers NAB Concerns 7

8. Section 192 of the Constitution provides as follows: “National legislation must establish an independent authority to regulate broadcasting in the public interest, and to ensure fairness and a diversity of views broadly representing South African society” Constitutional Issues 8

9. The Constitution requires that the regulation of broadcasting in the public interest be conducted by an independent authority established by legislation This independent authority is ICASA established in terms of the ICASA Act (No 13 of 2000) as amended Constitutional Issues (2) 9

10. ICASA has no power or authority to delegate or share its powers, and, therefore, ICASA remains solely responsible for the regulation of broadcasting and other electronic communication services in South Africa Section 192 of the Constitution does not provide for multiple institutions to regulate broadcasting. It provides for “an independent authority” to regulate broadcasting i.e. ICASA Constitutional Issues (3) 10

11. Sections of the Bill that conflict with the Constitution s18 Co-management of astronomy advantage areas s20 Restrictions in core astronomy advantage areas S22 Protection of astronomy observations in core & central astronomy advantage areas s23 Declared activities in core or central astronomy advantage areas s28 Astronomy & astronomy devices Constitutional Issues (4) 11

12. s30 ECA ICASA is responsible for the control, planning, administration and management of the radio frequency spectrum s62 ECA electronic communication network service licensees who provide broadcasting signal distribution services must comply with the provisions of the ECA and the frequency plan developed by ICASA Legal Issues 12

13. s92(1) & s93(1) ECA All existing licences remain valid until converted i.t.o. ECA Licences must be converted on no less favourable terms Bill cannot therefore take away existing licence rights Legal Issues(2) 13

14. S30(2)(a) ECA ICASA, in controlling, planning, administering, managing and licensing the use of the radio frequency spectrum, must comply with the applicable standards and requirements of the ITU and its Radio Regulations Legal Issues(3) 14

15. ITU Constitution, Convention, Radio Regulations are international treaties binding on RSA ITU Radio Regulations contain rules for the use and operation of frequencies, and specify operating procedures for transmitting and receiving stations ITU 15

16. No 4.6 of the Radio Regulations "For the purpose of resolving cases of harmful interference, the radio astronomy service shall be treated as a radiocommunication service. However, protection from services in other bands shall be afforded the radio astronomy service only to the extent that such services are afforded protection from each other.” ITU(2) 16

17. The level of protection that broadcasting needs to provide to RA is the same as for any other electronic communication service i.e. Radio Astronomy has no special status i.t.o. protection from interference What does RR 4.6 mean? 17

18. Protection levels being sought by SKA: -40 to -50 dB(µV/m) These levels are much greater than what is required for the protection of other electronic communication services To meet these levels any broadcast transmitter within 800 km from core site must introduce mitigation techniques RA Protection Levels 18

19. In order to achieve national universal service imperatives, ICASA has imposed coverage obligations on all free-to-air broadcasters Cessation of broadcasting services in astronomy geographic advantage areas would adversely impact universal service Impact on Universal Service 19

20. Broadcasters could contravene their licence conditions by not providing services in astronomy geographic advantage areas Any technology changes will have cost implications Impact on Broadcasters 20

21. Establishment of Astronomy Geographic Advantage Area in the Northern Cape could impact: 350 000 television viewers 280 000 radio listeners Viewers/listeners rights to service will be affected Any technology changes will have cost implications Impact on Listeners/Viewers 21

22. SKA will operate in the frequency range 70 MHz to 25 GHz Television could switch to satellite This will just shift the interference problem Cost of satellite receiving installation is approximately R 2 000.00 per household Radio No viable alternative technology Technology Alternatives 22

23. ICASA is the only Authority in South Africa with the power to regulate broadcasting and other electronic communication services ICASA must remain responsible for all radio frequency spectrum matters Minister responsible for Science & Technology & Minister responsible for broadcasting must consult ICASA must work closely, and co-ordinate with DST to advance the science of astronomy in South Africa Recommendations 23

24. Not enough information is available i.r.o RA to determine the impact on broadcasting Mitigation measures to be undertaken by broadcasters to facilitate RA are unknown Legislative process for RA and SKA should be mapped out Avoid a piecemeal process Conclusion 24

25. NAB is supportive of Radio Astronomy NAB is committed to the success of the SKA Conclusion (2) 25

26. Thank you 26