2007

PRESENTATION TO THE PARLIAMENTARY PORTFOLIO

COMMITTEE ON SCIENCE AND TECHNOLOGY ON THE ASTRONOMY GEOGRAPHIC ADVANTAGE BILL [B17-2007]

31 July 20071

2007

Our Team

• Dan Moyane NAB Chairperson• Johann Koster Executive Director• Dimakatso Qocha Deputy Executive Director• Lynn Mansfield Chair Technical Committee

Assisted by:• Linden Petzer

2

2007

Our Credentials

• 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

3

2007

NAB Members

• 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

4

2007

NAB Support for Bill

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

5

2007

NAB Support for SKA Bid

NAB supports the SKA bid:• foreign direct investment and job creation

opportunities that will arise will be of enormous benefit to South Africa

6

2007

NAB Concerns

• Constitutional issues• Legal & regulatory issues• Impact on universal service • Impact on broadcasters• Impact on listeners and viewers

7

2007

Constitutional Issues

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”

8

2007

Constitutional Issues (2)

• 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

9

2007

Constitutional Issues (3)

• 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

10

2007

Constitutional Issues (4)

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

11

2007

Legal Issues

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

12

2007

Legal Issues(2)

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

13

2007

Legal Issues(3)

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

14

2007

ITU

• 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

15

2007

ITU(2)

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.”

16

2007

What does RR 4.6 mean?

• 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

17

2007

RA Protection Levels

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

18

2007

Impact on Universal Service

• 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

19

2007

Impact on Broadcasters

• Broadcasters could contravene their licence conditions by not providing services in astronomy geographic advantage areas

• Any technology changes will have cost implications

20

2007

Impact on Listeners/Viewers

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

21

2007

Technology Alternatives

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

22

2007

Recommendations

• 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

23

2007

Conclusion

• 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

24

2007

Conclusion (2)

• NAB is supportive of Radio Astronomy• NAB is committed to the success of the SKA

25

2007

Thank you

26