Why you DON'T have to pay for an Analogue TV Licence any more (Pt. 1 of 2)

Ivan Leon

Executive Member
Joined
May 27, 2008
Messages
6,010
Paragraph 2.1.2 of The Government Gazette, No. 31408 (No. 958), of 8 September 2008, issued by the Department of Communications, in terms of Section 3 (1) of the Electronic Communications Act, 2005 (Act No.36 of 2005), regarding the Broadcasting Digital Migration Policy.

G. 31408 GoN 958 - link available here:
http://www.gov.za/documents/electronic-communications-act-broadcasting-digital-migration-policy

This states that the initial switch-over from the existing analogue TV broadcast signal to a DIGITAL TV Broadcast signal, would happen by 1 November 2008, after which a period of 'dual-illumination' of both Broadcast signals would occur for 3 years, after which the analogue TV Broadcast signal would be switched off permanently, as from 1 November 2011.

This is in accordance with the 2006 Regional Radiocommunication Conference (RRC-06) of the International Telecommunication Union (ITU), which resolved that ALL countries of Europe, Africa (INCLUDING South Africa), Middle East as well as the Islamic Republic of Iran, would migrate from the existing analogue TV broadcast signal to the digital TV Broadcast signal by 17 June 2015.

(see Paragraph 1.1.1 and 3.3.1 of The Government Gazette, No. 31408 (No. 958), of 8 September 2008, issued by the Department of Communications, in terms of Section 3 (1) of the Electronic Communications Act, 2005 (Act No. 36 of 2005).

This would then allow ONLY the digital TV Broadcast signal to be transmitted to ALL households in South Africa, and be received by means of obtaining a digital TV broadcast Set-Top Box, in order to decode the digital TV Broadcast signal and allow it to be displayed on an analogue TV Tuner equipped TV Set (one NOT having a built-in Digital TV Tuner incorporated in it).

Without such a digital TV broadcast Set-Top Box being connected to ANY existing analogue TV Tuner equipped TV set, the viewer would therefore be unable to receive or display ANY TV broadcasts whatsoever, as the TV Set's analogue Tuner would no longer be receiving an Analogue TV Broadcast signal, as it would have been switched off PERMANENTLY.

This in effect, renders the existing Analogue TV tuner in the TV Set null and void, and therefore the Analogue TV set is actually now just a PC Monitor, rendered incapable of receiving ANY digital TV broadcast signals if it is NOT connected to a DSTV Decoder / Digital TV Broadcast Set-Top Box, via either an RF Aerial cable, Composite AV cable, S-Video AV cable, Component AV cable or HDMI cable.

Without such a connection as detailed above, the Analogue TV Tuner equipped TV set would simply display a BLANK SIGNAL as it would no longer be receiving ANY analogue TV broadcast signal, IN PERPETUITY THEREAFTER, as from 1 November 2011.


This original switch-off date of the Analogue TV Broadcast signal was then further revised in Government Gazette, No. 35014 (No. 97), of 7 February 2012, issued by the Department of Communications, in terms of the Electronic Communications Act, 2005 (Act No. 36 of 2005), which is an Amendment of the Broadcasting Digital Migration Policy, issued under Government Gazette No. 31408 (No. 958), on 8 September 2008, after consideration of submissions by stakeholders on the amendments proposed by the Department of Communications in August 2011.

G. 35014 GoN 97 - link available here:
http://www.gov.za/documents/electro...oadcasting-digital-migration-policy-amendment

I draw your attention to Paragraph 3, (Substitution of Paragraphs 2 & 4 of the Foreward by the Minister of Telecommunications), in which it states that the Broadcasting Digital Migration (BDM) policy has to meet the ITU resolution that all countries in Region 1 (which INCLUDES South Africa), should complete their migration from an Analogue to a Digital TV Broadcast signal by 17 June 2015.

It further emphasizes that the looming switch-on date of the digital TV Broadcast signal should occur 'in the last quarter of 2012' - which is already one year LATER than the originally specified date of 1 November 2011.

In Paragraph 5, (Substitution of Sub-Paragraphs 1, 2, 3, 4, 7, 8 and 9 of Paragraph 2 of the Executive Summary of the Policy), it re-emphasizes that the Switch-On date of the digital TV Broadcast signal should occur 'in the last quarter of 2012', and that the date of the Switch-Off of the analogue TV Broadcast signal 'would be determined by the Minister of Communications, after engaging with the Cabinet and relevant broadcasting sector stakeholders'.

It also states that 'National broadcasting digital signal coverage shall be extended in a phased manner, covering 74% of the population by early 2012, and 95% by the end of 2013'.


In Paragraph 9, (Substitution of Paragraphs 2.1.3, 2.1.4 and 2.2.1 to 2.2.4 of the Policy), please take careful and cognisant note of the revised Paragraph 2.1.3 which, inter-alia, states the following:

"In order for households to continue to receive television services on their current analogue TV sets, after the analogue signal is switched off, set-top boxes (STB's), which convert the digital signals into analogue signals, are required."

And here is the REAL clincher, as found in Paragraph 12, (Substitution of Paragraphs 3.3.1 and 3.3.2 of the Policy), which states the following in the revised Paragraph 3.3.1:

"Government is committed to meet the deadline for analogue switch-off by 17 June 2015, in line with the relevant ITU resolution."

"Taking into account the different processes which need to be completed before digital switch-on, government has decided that the digital signal should be switched on by the end of the 2012/2013 financial year."

"A final date for the commencement of the dual illumination period will be announced by the Minister of Communications, after engaging with cabinet and all relevant stakeholders, including the broadcasting industry."

"The date for the final switch-off of the analogue signal will similarly be announced by the Minister of Communications, after engaging with cabinet and other relevant stakeholders and assessing extent of the take-up, by audiences, of the of the necessary equipment to facilitate universal access to broadcasting services."

The revised Paragraph 3.3.2 also states as follows:

The government recognizes that the aggressive dual illumination period in South Africa will be 'a significant challenge'. However, this shorter period provides a range of national benefits, including the following:

(a) The best economic outcome through bringing forward the digital dividend and reducing cost duplication during the transitional period;

(b) Opportunity to meet the global ITU-RRC Agenda for Digital Migration;

(c) Bridging the 'digital divide' between technology haves / and have-nots; and

(d) Support for the emerging digital broadcasting industry, in terms of the deployment of new services, content and equipment.

Ten days later, on 17 February 2012, yet MORE revisions were published in The Government Gazette, No. 35051 (No. 124), which documented a substitution of Paragraphs 1 to 18 of Government Gazette, No. 35014 (No. 97), of 7 February 2012, issued by the Department of Communications, in terms of the Electronic Communications Act, 2005 (Act No. 36 of 2005), which in itself was an Amendment of the Broadcasting Digital Migration Policy, issued under Government Gazette No. 31408 (No. 958), on 8 September 2008, after consideration of submissions by stakeholders on the amendments proposed by the Department of Communications in August 2011.

G. 35051 GoN 124 - link available here:
http://www.gov.za/documents/electro...dcasting-digital-migration-policy-amendment-0

Paragraph 4 (Substitution of Sub-Paragraphs 4, 6, 8 and 9 of Paragraph 1 of the Executive Summary of the Policy), states the following:

"Digital migration begins with the 'switch-on' of broadcasting digital transmission signals and ends with the 'switch-off' of analogue ones. Until analogue switch-off occurs, there is a period of 'dual illumination', during which both analogue and digital services are simultaneously broadcasted."

On 14 December 2012, in The Government Gazette, No. 36000 (No. 1070), the Independent Communications Authority of South Africa (ICASA), published their Digital Migration Resolutions which, inter-alia, stated the following in Paragraph 12 - Transitional Provisions:

G. 36000 GoN 1070 - link available here:
http://www.gov.za/documents/electronic-communications-act-regulations-digital-migration-0

(6) At the end of the dual illumination period, the broadcasting service licences and radio frequency spectrum licences, held by each of the terrestrial television broadcasting service licensees at that time, will be amended, in terms of the relevant provisions of the Act and the Process and Procedures Regulations, to reflect the fact that those terrestrial television broadcasting service licensees have ceased analogue broadcasting and are no longer authorised to utilise the radio frequency spectrum, which was previously assigned to them, for analogue broadcasting purposes.

The means that the end of the 'dual illumination' period, as per the global ITU-RRC Agenda for Digital Migration, should have occurred on or before 17 June 2015, which was the mandated cut-off date for the cessation of all analogue TV broadcast signals in South Africa.

This has yet to happen - over 18 months AFTER the deadline thereof!

(Continued in Part 2 below)
 
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Ivan Leon

Executive Member
Joined
May 27, 2008
Messages
6,010
Why you DON'T have to pay for an Analogue TV Licence any more (Pt. 2 of 2)

On 6 December 2013, in The Government Gazette, No. 37120 (No. 954) there was a further proposed amendment to the Broadcasting Digital Migration Policy, originally issued under The Government Gazette, No. 31408 (No. 958), of 8 September 2008, issued by the Department of Communications, in terms of Section 3 (1) of the Electronic Communications Act, 2005 (Act No.36 of 2005), and further amended in two subsequent Government Gazettes, namely No, 35104 (No. 97) of 7 February 2012, and No. 35051 (No. 124), of 17 February 2012.

G. 37120 GoN 954 - link available here:
http://www.gov.za/sites/www.gov.za/files/37120_gon954.pdf

Amendment to Sub-Paragraphs 1 and 2 of Paragraph 2 of the Executive Summary of the Policy - The following Paragraphs are substituted for Sub-Paragraphs 1 and 2 of Paragraph 2 of the Executive Summary of the Policy:

"The switch-on of the digital television signal will take place by 01 April 2014. The date for switch-off of the analogue terrestrial signal will be determined by the Minister of Communications, after engaging with the Cabinet and relevant stakeholders."

"National broadcasting digital signal coverage shall cover 84% of the population by March 2014."

Amendment of Paragraph 7.2 of the Policy - The following paragraph is substituted for Paragraph 7.2 of the Policy:

"7.2 - Transmission facilities for MUX1, or any multiplex allocated for the public broadcaster, shall aim to achieve 84% population coverage by 31st March 2014. The remaining 16% shall be covered by the DTH satellite network, which shall have a footprint covering the entire geography of South Africa. This will thus enable analogue switch-off in South Africa, with 100% population and geographic coverage for the public broadcasting services."

Then, on 18 March 2015, in the Government Gazette, No. 38583 (No. 232), The Department of Communications issued yet ANOTHER amendment to the Broadcasting Digital Migration Policy, originally issued under The Government Gazette, No. 31408 (No. 958), of 8 September 2008, issued by the Department of Communications, in terms of Section 3 (1) of the Electronic Communications Act, 2005 (Act No.36 of 2005), regarding the Broadcasting Digital Migration Policy.

G. 38583 GoN 232 - link available here:
http://www.gov.za/documents/electro...digital-migration-policyamendment-18-mar-2015

4. Amendment of Paragraph 1.1.8 of the Policy - The following Paragraph is hereby substituted for Paragraph 1.1.8 of the Policy:

"1.1.8 - In order to continue viewing television using the current analogue Tv sets, the public will be required to use set-top boxes (STB's) as a transitional measure, which converts the transmitted digital terrestrial television signal to analogue. Otherwise, it will be necessary to acquire digital enabled TV sets."

5. Amendment of Paragraph 2.1.3 of the Policy - The following paragraph is hereby substituted for Paragraph 2.1.3 of the Policy:

"2.1.3 - Universal access, the availability and accessibility of broadcasting services, to all citizens, are a key component of successful digital migration. In order for households to continue to receive television services on their current analogue TV sets, after the analogue signal is switched off. Set-top boxes (STB's), which convert the digital signals into analogue signals, are required."


Lastly, on 01 February 2016, in The Government Gazette, No. 39642 (No. 87), The Department of Communications issued yet ANOTHER amendment to the Digital Migration Regulations, originally published in The Government Gazette, No. 36000 (No. 1070), on 14 December 2012.

G. 39642 GoN 87 - link available here:
http://www.gov.za/sites/www.gov.za/files/39642_gon87.pdf

"Kindly take notice that the commencement of the dual illumination period for the digital broadcasting signal in South Africa starts on 1 February 2016. However, the analogue switch-off date will be announced after consultation with Cabinet."

"And also note that the national roll-out of Government-subsided Set-Top Boxes (STB's) has commenced and the digital broadcast channels have been made available by the broadcasters."

This last Government Gazette, No. 39642 (No 87), dated 01 February 2016, effectively means that - after nearly TEN years of dithering about digital broadcasting and encryption standards, as well as massive delays in actually implementing the 2006 Regional Radiocommunication Conference (RRC-06) of the International Telecommunication Union (ITU), which resolved that ALL countries of Europe, Africa (INCLUDING South Africa), Middle East as well as the Islamic Republic of Iran, would migrate from the existing analogue TV broadcast signal to the DIGITAL TV Broadcast signal by 17 June 2015 - in essence, not only has South Africa not abided by this ITU resolution, but it was now in breach of the resolution, as of 17 June 2015, when the analogue signal should have already been turned off.

I am therefore fully justified, as of 17 June 2015, according to ALL the evidence provided above, to no longer pay any analogue TV broadcast license fee to either the SABC, or any agency / representative thereof, as my analogue TV broadcast tuner-equipped TV set should no longer be receiving any analogue TV broadcast signals whatsoever via its RF Antenna Aerial Socket.

The only way I should now capable of receiving any digital TV broadcast signals to my analogue TV tuner-equipped TV set, is via a suitably connected digital TV broadcast set-top box (STB), which would then allow me to view these digital TV broadcast signals.

As I do not envisage purchasing a digital TV broadcast set-top box (STB), in order for me to partake / make use of these digital broadcast TV services, for the foreseeable future - (as long as the ANC remains in control the SABC) - on my analogue TV set - I fail to see why I must continue to pay either the SABC, or any agency / representative thereof, for a broadcast service that should no longer be available to me, as of 17 June 2015.

As a matter of fact, the SABC should be obliged to REFUND any Analogue TV license fees paid to them after 17 June 2015, as this was the OFFICIAL ITU-mandated cut-off date for analogue TV broadcasts, which should now NO longer be available to viewers, rendering their Analogue TV sets only functional as PC / DVD monitors, unless they are connected to a Digital TV Set-Top Box (STB).

:whistling:

(See Part 1 above)
 
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LazyLion

King of de Jungle
Joined
Mar 17, 2005
Messages
105,603
TLDR; The SABC and DoC just do their own thing anyway - rules and laws be damned.
 
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