Pay-TV war
Super5Media Director Tian Du Pisanie has branded fellow pay-TV newcomer On Digital Media’s last minute interdict with the South Gauteng High Court against the Super5Media as “frivolous and opportunistic”.
Reports surfaced recently that On Digital Media (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 told IT Web, was due to irregularities in regulator ICASA’s issuance of a broadcast licence to Super5Media.
“Our legal representative says the issuing of the licence was ultra vires [outside the proper regulatory process] and, therefore, essentially illegal,” he said.
The basis for the action said Martinis 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.
In March last year Telkom sold its 75% interest in Telkom Media to Shenzhen Media South Africa for a nominal amount. The company revealed that it wished to reduce its investment in this area to focus on other pursuits. The pay-TV company was subsequently renamed Super 5 Media.
ODM’s “alternative agenda”
Super5Media has responded that it “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.”
In December MyBroadband reported that the company had confirmed that its broadcast services must commence in February 2010. This is to meet the regulations provided by the Independent Communications Authority of SA (ICASA) in the Super5Media’s broadcast licence agreement.
When asked if ODM’s action against the broadcaster would prevent it from offering services by this date Du Pisanie responded that “We have planned for all scenarios however are unable to comment on the exact nature of these plans”.
Licensing issues
December also brought forth new information that ICASA had awarded Super5Media a broadcast license for both Satellite and Cable services. Other broadcasters including MultiChoice and ODM were awarded a non-technology specific licence upon application. This move by ICASA has arguably now given Super5Media a monopoly on any future cable pay-TV broadcasting for the foreseeable future.
When questioned if ODM’s “alternative agenda” may be linked to this information Du Pisanie responded: “We wish to point out that Telkom Media now Super 5 Media has always been issued a specific cable and satellite license. The license as issued now clearly reflects the correct status of our license unlike some others previously issued. “
“The mere fact that we have insisted on the correct format of the license may have created some discomfort in the market, however we do not wish to comment on speculation,” he added.
ODM has since chosen not to comment, adding that it will wait for court proceedings to take place before releasing any further information.
Pay-TV battle – comments and views
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