Super5Media gets Pay-TV go-ahead

Court puts damper on pay-TV war between On Digital Media and Super5Media

The interdict filed by incoming pay-TV operator On Digital Media (ODM) against competitor Super5Media on the grounds of unfair licence allocation has been dismissed.

ODM filed the interdict towards the end of 2009 in an attempt to prevent Super5Media from going forward with its commercial launch. This, ODM regulatory head Dimitri Martinis recently revealed, was due to perceived irregularities in the Independent Communications Authority of South Africa’s (ICASA) issuance of a broadcast licence to Super5Media.

The basis for the action was that Super5Media was awarded a broadcast licence based on Telkom Media’s submission in 2007. Other pay-TV hopefuls were forced to submit extensive documentation and were closely scrutinised by ICASA.

After the action was postponed by the South Gauteng High Court last week Super5Media director Tian du Pisanie said that the company “will defend this action as we see it as frivolous and opportunistic and launched with an alternative agenda.  Further comments will become clear once the judge has ruled.”

Neither Super5Media nor ODM could confirm the reasons why the case was dismissed.

ODM could only reveal that it had no further comment until it receives the final judgment in roughly two weeks, after which the company will release an official statement.

ODM has lodged a case with ICASA in order to have Super5Media’s licence reviewed.

Should Super5Media be given the all clear by the Regulator it will most likely begin offering broadcast services in February.

In December 2009 Super5Media confirmed that their broadcast services must commence by February 2010. This is to adhere to regulations provided by ICASA in the company’s broadcast licence agreement.

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